1. society
2. work
3. contracts

Chapter 8
ZONING DISTRICTS
Section 8.1
Districts Are Established
The City-Parish is divided into the following types of zoning districts:
A
H
B
N
GO
C
LC
HC
CW
M
R
RE/A
GU
X
PUD
SPUD
ISPUD
TND
UDD
Districts
Districts
Districts
Districts
Districts
Districts
Districts
Districts
Districts
Districts
Districts
Districts
Districts
Districts
Districts
Districts
Districts
Districts
Districts
-
Residential
Historic
Transition
Neighborhood
General Office
Commercial
Light Commercial
Heavy Commercial
Commercial Warehousing
Industrial
Rural
Residential Estate/Agriculture
Government Use
Adult Businesses
Planned Unit Development
Small Planned Unit Development
Infill/Mixed Use Small Planned Unit Development
Traditional Neighborhood Development
Urban Design
Section 8.101
A.
These zoning districts are further divided into the following specific zoning districts:
A1
A2
A2.1
A2.5
Single Family Residential
Single Family Residential
Zero Lot Line Residential
Town House
C2
HC1
HC2
C-AB-2
A2.6
A2.7
A3.1
A3.2
A3.3
A4
A5
A2.9
H
B
B1
NO
GOL
GOH
NC
NC-AB
Zero Lot Line Residential
Single Family Residential
Limited Residential
Limited Residential
Limited Residential
General Residential
High Rise Apartment
Two Family Residential District
Historic
Off Street Parking
Transition
Neighborhood Office
General Office Low Rise
General Office High Rise
Neighborhood Commercial
Neighborhood Commercial Alcoholic
Beverage (Restaurant)
C5
CG
CW
CW1
CW2
CW3
M1
M2
R
RE/A
RE/A1
RE/A2
RE/A3
GU
X
PUD
SPUD
ISPUD
C1
Light Commercial
TND
LC1
LC2
LC3
C-AB-1
Light Commercial
Light Commercial
Light Commercial
Commercial Alcoholic Beverage
(Restaurant)
UDD1
UDD2
UDD3
UDD4
Airport
B.
Heavy Commercial
Heavy Commercial
Heavy Commercial
Commercial Alcoholic Beverage
(Bars & lounges)
Business
Commercial Gaming
Commercial Warehousing
Commercial Warehousing One
Commercial Warehousing Two
Commercial Warehousing Three
Light Industrial
Heavy Industrial
Rural
Residential Estate/Agriculture
Residential Estate/Agriculture One
Residential Estate/Agriculture Two
Residential Estate/Agriculture Three
Government Use
Adult Business
Planned Unit Development
Small Planned Unit Development
Infill/Mixed Use Small Planned Unit
Development
Traditional Neighborhood
Development
Urban Design One
Urban Design Two
Urban Design Three
Urban Design Four
Airport District
In addition to the specific zoning districts listed above, a Natural Resource Overlay
District is hereby established and shall overlay all other zoning districts where they are
duly approved and adopted so that any parcel of land lying in a Natural Resource
Overlay District shall also lie in one or more of the other zoning districts provided for by
Section 8.101. These zoning district boundaries shall be shown on official maps as
provided for in Section 8.102.
Section 8.102
The boundaries of the zoning districts are as shown on the Official Zoning District Map,
properly certified and attested, attached to, (on file in the Office of the Council
Administrator/Treasurer) and made a part of the Unified Development Code, with said
boundaries more particularly defined on the Lot and Block maps on file in the Office of the
Planning Commission and the Inspection Division of the Department of Public Works.
Section 8.103
Whenever the Metropolitan Council revokes the dedication of a street or alley, adjacent zoning
districts shall extend to the centerline of the revocation.
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Section 8.104
Where Parish property is incorporated into the City, its zoning classification will not be
changed by that incorporation.
Section 8.105
Every building shall be on a lot. In the Rural, A1, A2, A2.1, A2.5, A2.6 and A2.7 Districts there
shall not be more than one main building on one lot.
Section 8.106
Conditional Uses
Conditional uses are those uses which are generally compatible with the uses permitted in a
zoning district, but require individual review of their location, design, and intensity in order to
ensure their appropriateness on any particular parcel of land and the compatibility of the use
with adjacent uses. Conditional uses may be granted for those conditional uses enumerated in
each of the zoning districts established in this ordinance with the standards and procedures of
this section and the standards established for each conditional use in the district regulations.
A.
B.
Standards applicable to all conditional uses. A conditional use permit shall be granted
only if the Planning Commission deems the requested use to be in the public interest
and that the applicant demonstrates that all specific conditions for each use are met
and:
1.
The design of the proposed development minimizes adverse effects, including
visual impacts, of the proposed use on adjacent properties;
2.
The proposed use will not unduly burden essential public infrastructure and
services including roadways, existing parking spaces, police and fire protection
facilities, drainage systems, refuse disposal, water and sewers, and schools; and
3.
The proposed use will not allow land or building usage that is incompatible with
existing character or usage of the neighborhood.
Issuance of a Conditional Use Permit
1.
Conditional uses shall be reviewed and approved or denied by the Planning
Commission in accordance with the provisions of this subsection.
2.
A written application for a conditional use permit shall be submitted to the
Office of the Planning Commission with the fee established by the Planning
Commission.
3.
A conditional use permit application shall include a detailed site plan including
all items indicated on the site plan checklist and shall follow the public
notification procedures for a rezoning application.
4.
The Planning Commission shall conduct a public hearing on all conditional use
permits.
5.
Notwithstanding any other provision of this ordinance, at the Metropolitan
Council meeting following the decision of the Planning Commission any member
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of the Metropolitan Council may introduce an appeal of the decision of the
Planning Commission, failure to appeal will make the Planning Commission
decision final.
If the Metropolitan Council introduces the appeal of the
conditional use, the item shall be heard at the next regularly scheduled
Metropolitan Council Zoning Meeting. Failure to introduce the conditional use
will make the Planning Commission decision final.
C.
6.
No conditional use permit for construction or license for occupation shall be
issued by the City-Parish until all appeals periods have expired.
7.
Filing and distribution of Conditional Use Permit Site Plan. The subdivider shall
have the total number of copies of the Conditional Use Permit Site Plan as
required by Appendix L to be disbursed as required by the Planning Commission
staff within two (2) days of approval.
Adjustments. During the construction of a conditional use, adjustments to the
approved use may be allowed as follows:
1.
2.
The Office of the Planning Commission may authorize adjustments to an
approved conditional use when such adjustments appear necessary in light of
technical or engineering considerations first discovered during actual
construction. Such adjustments shall be consistent with the intent of this
ordinance and the approved conditional use and shall be the minimum
necessary to overcome the particular difficulty. Such adjustments shall be
limited to the following:
a.
Altering the location of any structure by not more than ten (10) feet;
b.
Altering the location of a parking area or road by not more than five (5)
feet;
c.
Altering the final grade by not more than two (2) feet of the originally
planned grade;
d.
Altering the location of required landscaping elements by not more than
twenty (20) feet.
Any adjustments to an approved conditional use that are not technical in nature
but are considered a substantial change shall be granted only upon application
to, and approval of the Planning Commission. The Office of the Planning
Commission may approve an adjustment upon finding that the proposed change
is in conformity with the original approval. If the Office of the Planning
Commission determines that the adjustment is not in conformity with the
original approval, then the request shall be considered an amendment to the
original application and the applicant shall resubmit the amended application
and fees to the same review as the original application.
D.
A conditional use permit may be amended, extended, varied, or altered only pursuant to
the standards and procedures for approval in Sections 8.106.B or C.
E.
In addition to any other penalties and remedies for violation of this ordinance, any
conditional use approval may be revoked for violation of any condition imposed upon
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such approval. Upon receipt of a report by the Building Official identifying a violation of
a conditional use, the Planning Commission shall hold a public hearing to revoke the
conditional use permit. The applicant shall be given a reasonable time limit to eliminate
all violations. This time period, of at least twenty-five (25) days, is to be set by the
Planning Commission at the hearing. A report by the Building Official verifying the
violation(s) have been remedied shall be submitted to the Office of the Planning
Commission at least five (5) days prior to the expiration of the time limit. Failure to
remedy the violation within the time limit given will result in the revocation of the
conditional use permit. Any party may appeal a decision by the Planning Commission
to revoke a conditional use permit to the Metropolitan Council under the procedures in
Section 8.106.B.5. Upon exhaustion of all appeals of a conditional use revocation, the
Planning Commission shall record the official action of the Planning Commission
revoking the conditional use permit, in the public record with the Clerk of Court for
East Baton Rouge Parish.
F.
Within one (1) year of conditional use approval, construction shall commence in
accordance with the approved conditional use permit. Within eighteen (18) months of
conditional use approval, the applicant shall obtain a Certificate of Occupancy. If the
applicant incurs delays beyond his control, a six month extension may be granted by
the Planning Commission. Failure to commence construction within that period shall
automatically render the conditional use permit null and void. Failure to obtain an
Occupancy Permit within two (2) years of conditional use approval shall automatically
render the conditional use permit null and void. A permit for a conditional use
authorizes only the particular use for which it was issued as shown on the approved
site plan and such permit shall automatically expire and cease to be of any force or
effect if such use shall, for any reason, be discontinued for a period of one (1) year. If a
building, the use of which is conditional, is damaged or destroyed to an extent of more
than sixty (60) percent of its fair market value, by fire, explosion, act of God, or the
public enemy, then any restoration shall follow the time limits for construction of a
conditional use.
G.
Any citizen may petition for a Conditional Use Permit, provided that it has been one (1)
year or longer since the first denial of a petition to obtain a Conditional use permit on a
particular piece of property, and two (2) years or longer since the second and
subsequent denials of a petition to obtain a Conditional Use Permit on a particular
piece of property, subject to advertising and posting as required herein.
Section 8.2
Conditional Uses and special requirements within zoning districts
Section 8.201
A1 Single Family Residential District
The purpose of A1 is to permit low density residential development with a maximum density of
4.1 units per acre. Accessory uses normally compatible with surrounding low density
residential development may be permitted.
Conditional Uses
Bed and breakfast home – Limited to four (4) guestrooms within National Register
Historic Districts or Sites or homes listed on the National Register of Historic Places or
within homes a minimum of fifty (50) years old. All parking areas must be completely
screened (see parking screening in Appendix D) from the street and adjacent residences.
No signage is allowed. Must be owner occupied. Shall be located on a lot or tract with
a minimum size of one (1) acre. Guests are limited to a maximum stay of seven (7)
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consecutive days. Homes that qualify based upon the fifty (50) year old requirement
shall not be located within a recognized residential subdivision unless the lot has
frontage on a designated major street.
Cemeteries and mausoleums – Must be located on a major street. All graves and
buildings shall be setback at least fifty feet from all property lines. Shall not be located
within a recognized residential subdivision.
Childcare centers – Enrollment is limited to ten children. Hours of operation are
between 6:30 a.m. and 6:30 p.m. A six (6) foot solid wooden fence is required between
adjacent residences and outdoor play areas. No signage is allowed. Must be owner
occupied. All parking areas must be completely screened (see parking screening in
Appendix D) from the street and adjacent residences. Shall not be located within a
recognized residential subdivision.
Educational, religious, and philanthropic institutions – Plan Review is required for
all such uses. Site Plan criteria shall be submitted as required in Section 4.101 Plan
Review of the Unified Development Code.
Section 8.202
A2 Single Family Residential District
The purpose of A2 is to permit low density residential development with a maximum density of
5.8 units per acre. Accessory uses normally compatible with surrounding low density
residential development may be permitted
Conditional Uses
All conditional uses in the A1 District
Garage apartments – Limited to one (1) dwelling unit. The building shall be set back
ten (10) feet from all side and rear lot lines. The lot shall contain a minimum of ten
thousand (10,000) square feet. Maximum size of the unit is five hundred (500) square
feet.
Section 8.202.1
A2.1 Zero Lot Line Residential District
The purpose of A2.1 is to permit only “zero lot line” single family dwellings at a density of 7.9
units per acre.
There shall be a six (6) foot high wall or solid fence along the sides and rear of the A2.1 zoning
site wherever it adjoins A1 or A2 Single Family Districts or a recognized Residential
Subdivision.
Conditional Uses
None
Section 8.202.2
A2.5 Town House District
The A2.5 Town House District permits the development of attached town homes compatible
with the surrounding residential development. The maximum density is 11.5 units per acre.
Churches, schools, public buildings, recreational facilities, and other accessory uses normally
compatible with surrounding residential development may be permitted.
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Location: In A2.5 Districts, Town House projects shall front at least one hundred twenty (120)
feet on a public street and be generally compatible with existing development in the
neighborhood.
Procedure: Before the Planning Commission considers an application for an A2.5 Town House
District, the proponent shall submit a preliminary subdivision layout to the Planning
Commission Office as the first step in the procedure required by the Unified Development
Code, see Section 5.2.D., and also meeting the following design criteria. If rezoning is granted,
the preliminary layout will then be brought before the Planning Commission for public hearing
as set forth in the Unified Development Code.
Site Plan, Lot Size and Area, Parking and Open Space Provisions:
A.
B.
Site Plan and Design Criteria, General. It is the intent of this section that town houses
in areas where they are or may be permitted:
1.
May be appropriately intermingled with other types of housing except that they
shall not be located on lots of less than one hundred twenty (120) feet of
frontage.
2.
Shall constitute groupings making efficient, economical, comfortable, and
convenient use of land and open space and serving the public purposes of
zoning by means alternative to conventional arrangements of yards and
buildable areas.
Site Plan and Design Criteria, Details. In line with the general considerations above:
1.
Not more than six contiguous town houses shall be built in a row with the same,
or approximately the same, front building line, and not more than twelve (12)
town houses shall be contiguous.
2.
Minimum width for the portion of the lot on which the town house is to be
constructed shall be twenty (20) feet.
3.
Minimum lot area shall be two thousand (2,000) square feet.
C.
Courts, Open Space, and Recreation Areas: There shall be a site area of at least three
thousand eight hundred (3,800) square feet per dwelling unit including lots, common
open space, yards and buffer area adequately landscaped; walkways, and access drives,
and including at least two hundred (200) square feet per dwelling unit of recreation
space.
D.
Utilities and Landscaping: As provided by the Unified Development Code, design and
construction of drives, drainage, and location of utilities shall be subject to review and
approval by the Department of Public Works, after approval of the preliminary plan by
the Planning Commission Office.
Conditional Uses
None
Section 8.202.3
A2.6 Zero Lot Line Residential District
The purpose of the A2.6 District is to allow only “zero lot line” single family dwellings at a
maximum density of 11.5 units per acre.
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There shall be a six (6) foot high wall or solid fence along the sides and rear of the A2.6 zoning
site wherever it adjoins A1 or A2 Single Family Districts or a recognized Residential
Subdivision.
Conditional Uses
None
Section 8.202.4
A2.7 Single Family Residential District
The purpose of A2.7 is to permit single family detached dwellings with a maximum density of
7.3 units per acre. Accessory uses normally compatible with surrounding low density
residential development may be permitted.
Conditional Uses
All conditional uses in the A1 District
Sec. 8.202.5
A2.9 Two Family Residential District
The purpose of the Two-Family Residential District is to provide for the location and
grouping of low density two-family residences.
Permitted Uses
All uses permitted in the A1, A2, and A2.7 Zoning Districts
Single family detached dwellings
Two family attached dwellings
Childcare centers
Educational, religious, and philanthropic institutions
Accessory uses normally compatible with surrounding low density residential
development
Conditional Uses
All conditional uses in the A1 Single Family Residential District
Requirements
Standards: Type of
Development: OneFamily
Standards: Type of
Development: TwoFamily
Standards: Type of
Development:
Nonresidential
Maximum height& stories
35' - 2 ½
35' - 2 ½
35' - 2 1/2
Minimum front yard
15'
20'
20'
Minimum side yard
10% up to 10'
10% up to 10'
10% up to 10'
Minimum rear yard
25'
25'
25'
Minimum lot width
50'
60'
75'
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Minimum lot area per
dwelling
unit
or 6,000 sq. ft.
nonresidential site area
Maximum gross units per
7.9
acre
Maximum gross units per
One unit per lot
lot
Section 8.203
7,500 sq. ft.
10,500 sq. ft.
N/A
N/A
One duplex unit per
N/A
lot
General Guidelines for Multiple-Family Apartments
Lots of Record: Where multi-family dwellings are constructed on a group of contiguous lots,
the combined lots shall be considered as one (1) site under one (1) ownership.
Section 8.203.1
A3.1 Limited Residential District
The purposes of A3.1 Districts are to permit multi family residential development and
institutional uses of a residential character with a maximum density of eleven and five tenths
(11.5) units per acre.
Conditional Uses
Country clubs with alcohol – Must be approved for alcohol license by Alcohol and
Beverage Control Board. Structures where alcohol is served must be a minimum of five
hundred (500) feet from the property line of any existing single-family residence, school,
park, church, or library.
Cemeteries and mausoleums – Must be located on a major street. All graves and
buildings shall be setback at least fifty (50) feet from all property lines. Shall not be
located within a recognized residential subdivision.
Fraternal lodges with alcohol – Must be approved for alcohol license by Alcohol and
Beverage Control Board. Structures where alcohol is served must be a minimum of five
hundred (500) feet from the property line of any existing single family residence, school,
park, church, or library. Shall not be located within a recognized residential
subdivision.
Section 8.203.2
A3.2 Limited Residential District
The purpose of A3.2 Districts are to permit multi family residential development and
institutional uses of a residential character with a maximum density of seventeen and four
tenths (17.4) units per acre.
Conditional Uses
All conditional uses in the A3.1 District
Section 8.203.3
A3.3 Limited Residential District
The purpose of A3.3 Districts are to permit multi family residential development with a
maximum density of twenty-nine (29) units per acre.
Conditional Uses.
All conditional uses in the A3.1 District
Section 8.204
A4 General Residential District
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The purpose of A4 Districts are to permit compact multi family developments with a maximum
density of forty-three and six tenths (43.6) units per acre. A4 Districts must be located within
an urban setting and on four 4 lane major streets (Rezoning of properties to A4 will not be
permitted after July 21, 1999).
Conditional Uses
All conditional uses in the A3.1 District
Section 8.205
A5 Hi-Rise Apartment District
The purpose of A5 Districts are to permit high-density residential developments with a
maximum density of eighty-seven and one tenth (87.1) units per acre. Such developments
must be located within designated Regional Growth Centers.
Conditional Uses
All conditional uses in the A3.1 District
Section 8.206
H Historic District
Any use permitted in the Apartment Districts, plus those related and compatible uses such as
art galleries, offices, specialty shops, and the like.
Each such use, and each building permit application for extensive physical change, would be
subject to public hearing by the Planning Commission and ratification by the Metropolitan
Council.
Historic Districts are exempt from off-street parking requirements.
Conditional Uses
None
Section 8.207
B Off-Street Parking District
The purpose of the B District is to permit off-street parking. Rezoning of properties to B will not
be permitted after July 21, 1999.
Off-Street parking, subject to all of the requirements for parking lots under Section 8.205 and
provided further that:
A.
Where there are adjacent residences or adjacent residential zoning, a five (5) foot side
yard shall be provided, with no parking or paving permitted to extend into that side
yard.
B.
This district must adjoin an A3, A4, A5, B, N, GO, C, LC, HC, CW or M District on at
least one side and shall have a minimum frontage of fifty (50) feet.
Conditional Uses
None
Section 8.208
B1 Transition District
The purpose of this district is to permit office uses on parcels that are located between
commercial and residential uses. Rezoning of properties to B1 will not be permitted after July
21, 1999. Properties zoned B1 prior to December 14, 1982 and existing structures (built prior
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to December 14, 1982) on properties zoned B1 after December 14, 1982 may also be used for
any of the uses listed in the A1-A5 Districts.
Apartment Hotels under resident supervision and maintaining an inner lobby through which
all tenants shall pass to gain access to the apartments and which may furnish services
ordinarily furnished by hotels, such as drug store, barbershop, cosmetologist shop, cigar
stand, or news stand; provided that all such uses shall be located entirely within a building
with no entrance from the street or visible from any sidewalk and no sign or display shall be
visible from the outside of the building indicating the existence of such use, provided that no
business or use shall be allowed which involves the sale or serving of alcoholic beverages for
consumption on the premises.
Parking lots, provided that the parking area shall be used for passenger vehicles only and in no
case for sales, repair work, storage, dismantling, or servicing of any vehicles, equipment,
materials, or supplies; no signs or advertising of any character except traffic directional signs
painted on pavement shall be allowed; the parking area and connecting driveways shall be
surfaced with concrete, asphaltic concrete asphalt, or any other type of permanent, dust free
paving and the parking area and connecting driveways shall be maintained in good condition
and free of all weeds, dust, trash, and other debris; if lighting facilities are provided, they shall
be so arranged as to reflect or direct light away from the adjacent residential district; required
front yards shall be landscaped and maintained in good condition.
Conditional Uses
None
Section 8.208.1
NO Neighborhood Office District
Office buildings are limited to two thousand five hundred (2,500) gross square feet of floor area
per lot and should be compatible with the surrounding built environment. Buildings will be
limited to a maximum height of two stories.
Conditional Uses
Animal hospitals – All animals must be kept inside a building.
Branch banks – No drive through facilities.
Child care centers
Office buildings – Limited to a maximum of five thousand (5,000) gross square feet of
floor area
Section 8.208.2
GOL General Office Low Rise District
The purpose of this district is to permit low-rise office buildings with a minimum of fifty (50)
percent of the floor area devoted to offices and the remaining portions may be residential
and/or commercial uses. Buildings will be limited to a maximum height of two (2) stories.
Conditional Uses
Child care centers
Fraternal lodges and clubs with alcohol – Must be approved for alcohol license by
Alcohol and Beverage Control Board. Structures where alcohol is served must be a
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minimum of five hundred (500) feet from any existing single family residence, school,
park, church, or library.
Health clubs
Reception and banquet facilities with alcohol - Must be approved for alcohol license
by Alcohol and Beverage Control Board. Structures where alcohol is served must be a
minimum of five hundred (500) feet from any existing single family residence, school,
park, church or library.
Section 8.208.3
GOH General Office High Rise District
The purpose of this district is to permit large high-rise office buildings with a minimum of fifty
(50) percent of the floor area devoted to offices and the remaining portions may be residential
and/or commercial uses. Buildings will be limited to six stories in height except within
regional growth centers.
Conditional Uses
Child care centers
Fraternal lodges and clubs with alcohol – Must be approved for alcohol license by
Alcohol and Beverage Control Board. Structures where alcohol is served must be a
minimum of five hundred (500) feet from any existing single family residence, school,
park, church or library.
Health clubs
Reception and banquet facilities with alcohol – Must be approved for alcohol license
by Alcohol and Beverage Control Board. Structures where alcohol is served must be a
minimum of five hundred (500) feet from any existing single family residence, school,
park, church or library.
Restaurants without alcohol
Schools
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Section 8.208.4
NC Neighborhood Commercial District
The purpose of this district is to permit commercial activity, primarily retail shopping and
personal services. Buildings are limited to two thousand five hundred (2,500) gross square feet
of floor area per lot. All commercial activities must be contained within the building –– no
outside work or storage areas permitted. Limit the number of gas pumps to two when provided
as an accessory use in retail activity.
Conditional Uses
Animal hospitals - All animals must be kept inside buildings.
Buildings – Limited to a maximum of five thousand (5,000) gross square feet of floor
area.
Garage apartments – Limited to one family, provided however, that the building be set
back ten (10) feet from all side and rear lot lines, and the lot contain at least ten
thousand (10,000) square feet.
Repair and service shops – Limited to small equipment, household items, clothing and
furnishings, but not motor vehicle repair or service. All work must be done inside
enclosed buildings and all storage of materials must be inside enclosed buildings.
Section 8.208.5
NC-AB Neighborhood Commercial Alcoholic Beverage District
This district permits businesses involved in the serving of alcoholic beverages for consumption
on the premises, where alcohol sales are not the primary source of revenue. Buildings are
limited to two thousand five hundred (2,500) gross square feet of floor area per lot.
Conditional Uses
Buildings – Limited to a maximum of five thousand (5,000) gross square feet of floor
area.
Section 8.209
C1 Light Commercial District
The purpose of this district is to permit retail commercial uses serving the surrounding
community. Rezoning of properties to C1 will not be permitted after July 21, 1999.
Cellular transmitting and receiving facilities as described in Chapter 2 of the Unified
Development Code with a maximum height of one hundred and twenty (120) feet.
Conditional uses
None
Section 8.209a.
LC1 Light Commercial One District
The purpose of this district is to permit a variety of commercial activities and multi family
(medium density) residential uses that serve surrounding local areas. Buildings within this
district are limited to fifteen thousand (15,000) gross square feet of floor area per lot and a
height of four stories.
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Conditional Uses
Car wash – The structure must be located a minimum of five hundred (500) feet from
the property line of any residential use. All lighting must be directed away from
adjacent uses.
Country clubs with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
Dinner theatres with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
Fraternal lodges with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
Glass installation – The structure must be located a minimum of three hundred (300)
feet from the property line of any residential use.
Mini storage facilities – All structures must be located a minimum of three hundred
(300) feet from the property line of any residential use.
Pilot juvenile diagnostic development centers – All structures must be located a
minimum of five hundred (500) feet from the property line of any residential use.
Reception halls with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
Used car sales – No service or repair of vehicles is allowed. All cars must be located a
minimum of three hundred (300) feet from the property line of any residential use.
Section 8.209b.
LC2 Light Commercial Two District
The purpose of this district is to permit a variety of commercial activities and multi family
(medium-high density) residential uses that serve surrounding local areas. Businesses within
this district are limited to seventy-five thousand (75,000) gross square feet of floor area per lot
and a height of four (4) stories.
Conditional Uses
Building materials sales – All materials must be located a minimum of three hundred
(300) feet from the property line of any existing residential use. All storage of materials
must be within a building or opaquely screened from the street and adjacent properties.
Cabinet shops and millwork shops – Shops must be located a minimum of five
hundred (500) feet from the property line of any existing residential use. All work must
be done inside enclosed buildings and all storage of materials must be within a building
or opaquely screened from the street and adjacent properties.
Car wash – Structure must be located a minimum of five hundred (500) feet from the
property line of any existing residential use. All lighting must be directed away from
adjacent uses.
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Diner theatres with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
Fraternal lodges with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
Glass installation – Structure must be located a minimum of three hundred (300) feet
from the property line of any residential use.
Motor vehicle sales, service, and repair – All vehicles and structures must be located
a minimum of five hundred (500) feet from the property line of any residential use. All
work must be done inside enclosed buildings and all storage of materials must be inside
enclosed buildings.
Reception halls with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
Trade schools – All structures must be located a minimum of five hundred (500) feet
from the property line of any residential use.
Section 8.209c.
LC3 Light Commercial Three District
The purpose of this district is to permit a variety of commercial activities and multi family
(medium-high density) residential uses that serve surrounding local areas. Businesses within
this district are limited to one hundred fifty thousand (150,000) gross square feet of floor area
per lot and a height of four (4) stories.
Conditional Uses
Cabinet shops and millwork shops – Shops must be located a minimum of five
hundred (500) feet from the property line of any existing residential use.
Diner theatres with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
Fraternal lodges with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
Heavy equipment sales and service – All equipment and structures must be located a
minimum of five hundred (500) feet from the property line of any existing residential
use. Shall provide a six (6) foot high solid fence around equipment storage areas.
Reception halls with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
Section 8.209.1
C-AB-1 Commercial Alcoholic Beverage One District
This district permits businesses involved in the serving of alcoholic beverages for consumption
on the premises and whose primary purpose is to prepare meals for on premise consumption
for the general public.
Conditional Uses
None
Section 8.210a.
C2 Heavy Commercial District
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The purpose of this district is to permit retail commercial uses serving the surrounding region
Rezoning of properties to C2 will not be permitted after July 21, 1999.
Wireless transmitting and receiving facilities as described in Chapter 2 of the Unified
Development Code, with a maximum height of two hundred fifty (250) feet are allowed. Any
facility, which is required by the Federal Aviation Agency to be lighted, shall use an FAA
approved dual lighting system.
Research Park Intent. It is the intent of the use regulations, which follow to limit uses in
Research Park Districts to research activities and related operations. It is the further intent of
these use regulations to permit production of products, plans or designs when the primary
purpose of such production is research development driven.
Permitted uses are as follows:
A.
Laboratories, offices, and other facilities for research, both basic and applied, conducted
by or for any individual, organization, or concern, whether public or private.
B.
Production of prototype products.
C.
Pilot plants in which processes planned for use in production can be tested.
D.
Operations required to maintain or support any use permitted in paragraph a. through
c. above, on the same tract as the permitted use, such as maintenance shops, power
plants, etc.
Notwithstanding any other provisions of this Chapter to the contrary, any licensed
wrecker business and temporary storage of wrecked vehicles in operation in the C2
Heavy Commercial District as of August 27, 1985, may continue to operate as a nonconforming use in said Zoning District in accordance with the further provisions of this
Chapter regulating non-conforming uses.
Conditional Uses
None
Section 8.210a.1
HC1 Heavy Commercial One District
The purpose of this district is to permit a variety of commercial and service activities along with
multiple family (high density) residential uses and include indoor firing ranges as a permitted
use and firing range structures must be located a minimum of three hundred (300) feet from
the property line of any residential use or any residential zoning district. Buildings within this
district are limited to two hundred fifty thousand (250,000) gross square feet of floor area per
lot. Buildings will be limited to six (6) stories in height except within regional growth centers.
Conditional Uses
None
Section 8.210a.2
HC2 Heavy Commercial Two District
The purpose of this district is to permit a variety of commercial and service activities along with
multiple family (high density) residential uses. Buildings will be limited to six (6) stories in
height except within regional growth centers.
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Conditional Uses
None
Section 8.210.1
C-AB-2 Commercial Alcoholic Beverage Two District
This district permits bars and lounges as well as businesses involved in the sale or serving of
alcoholic beverages for consumption on the premises.
Conditional Uses
None
Section 8.210b.
C5 Business District
This district allows office and commercial uses within the Downtown Development District
without setback and parking requirements. There may be any uses in the preceding sections
including restaurants, which involve the sale or serving of alcoholic beverages for consumption
on premises.
Conditional Uses
Surface Parking
Section 8.210.2
CG Commercial Gaming, Legalized Gambling, and Games of Chance
District
Any uses listed in the preceding zoning districts, as well as businesses involving gaming or
legalized gambling, as from time to time hereafter defined by the State Legislature and/or the
Metropolitan Council. No activity shall be conducted on such premises as shall violate state
statutes or local ordinances prohibiting illegal gambling. All other provisions the Unified
Development Code concerning lot sizes, required yard spaces, and parking shall be as set forth
in requirements for C2 zones. This zone shall not be required for charitable gaming
establishments licensed and operating pursuant to Chapter 10 of Title 9 of the Code of
Ordinances of the City of Baton Rouge and Parish of East Baton Rouge, or for establishments
whose only activity related to gaming is the sale of Louisiana State Lottery tickets.
Conditional Uses
None
Section 8.210c.
CW Commercial Warehousing District
The purpose of this district is to permit businesses that are involved in the distribution and
storage of goods. Storage areas are limited to one hundred thousand (100,000) gross square
feet of area per lot. Commercial Warehousing districts must be located along four (4) lane
major streets or within designated commercial/industrial subdivisions. No residential land
uses are permitted in Commercial Warehousing districts. Assembly for the purpose of
permissible uses in CW zoning districts means putting together pre-manufactured parts which:
A.
shall be conducted entirely within constructed buildings;
B.
does not use the open area around such buildings for storage of materials or
manufactured products, or for any industrial purpose; and
C.
is not noxious or offensive by reason of emission of smoke, dust, gas, fumes, odors,
noise, or vibrations beyond the internal confines of the building.
Rezoning of properties to CW will not be permitted after December 11, 2001.
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Conditional Uses
None
Section 8.210c.1
CW1 Commercial Warehousing One District
The purpose of this district is to permit businesses that are involved in the distribution and
storage of goods. Storage areas are limited to fifty thousand (50,000) gross square feet of area
per lot. Commercial Warehousing districts must be located along four (4) lane major streets or
within designated commercial/industrial subdivisions. No residential land uses are permitted
in Commercial Warehousing districts. Assembly for the purpose of permissible uses in CW
zoning districts means putting together pre-manufactured parts which:
A.
shall be conducted entirely within constructed buildings;
B.
does not use the open area around such buildings for storage of materials or
manufactured products, or for any industrial purpose; and
C.
is not noxious or offensive by reason of emission of smoke, dust, gas, fumes, odors,
noise, or vibrations beyond the internal confines of the building.
Conditional Uses
None
Section 8.210c.2
CW2 Commercial Warehousing Two District
The purpose of this district is to permit businesses that are involved in the distribution and
storage of goods. Storage areas are limited to between fifty thousand and one (50,001) and one
hundred thousand (100,000) gross square feet of area per lot. Commercial Warehousing
districts must be located along four (4) lane major streets or within designated
commercial/industrial subdivisions. No residential land uses are permitted in Commercial
Warehousing districts. Assembly for the purpose of permissible uses in CW zoning districts
means putting together pre-manufactured parts which:
A.
shall be conducted entirely within constructed buildings;
B.
does not use the open area around such buildings for storage of materials or
manufactured products, or for any industrial purpose; and
C.
is not noxious or offensive by reason of emission of smoke, dust, gas, fumes, odors,
noise, or vibrations beyond the internal confines of the building.
Conditional Uses
None
Section 8.210c.3
CW3 Commercial Warehousing Three District
The purpose of this district is to permit businesses that are involved in the distribution and
storage of goods. Storage areas are limited to over one hundred thousand (100,000) gross
square feet of area per lot. Commercial Warehousing districts must be located along four (4)
lane major streets or within designated commercial/industrial subdivisions. No residential land
uses are permitted in Commercial Warehousing districts. Assembly for the purpose of
permissible uses in CW zoning districts means putting together pre-manufactured parts which:
A.
shall be conducted entirely within constructed buildings;
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B.
does not use the open area around such buildings for storage of materials or
manufactured products, or for any industrial purpose; and
C.
is not noxious or offensive by reason of emission of smoke, dust, gas, fumes, odors,
noise, or vibrations beyond the internal confines of the building.
Conditional Uses
None
Section 8.211
M1 Light Industrial District
The purpose of this district is to permit light manufacturing, fabricating, processing, and
wholesale distribution activities located near or adjacent to major thoroughfares or railroads.
Permitted uses include indoor firing ranges all uses except residential, adult businesses,
commercial gaming, junk and auto salvage yards, and uses which involve the sale or serving of
alcoholic beverages for consumption on the premises. All uses shall conform to the following
requirements: uses may not create noise greater than seventy (70) decibels when measured at
the property line; uses may not emit smoke at periods of normal operation of a density greater
than number one (1) according to Ringlemann’s Scale; uses may not emit particles from any
flue or smoke stack in excess of two tenths (0.2) grains per cubic foot of flue gas at a stack
temperature of five hundred (500) degrees F.; uses may not emit odors, gas or flumes beyond
the property line; uses may not produce glare that can be seen from a property line; uses shall
dust-proof all walks, driveways and parking areas so that no dust from these or any other
operations escapes beyond the property line; and all operations must be conducted within a
building or within an area enclosed by a solid fence or wall not less than six feet in height,
where adjacent to or across the street from residential, office and commercial districts, and all
firing range structures must be located a minimum of three hundred (300) feet from the
property line of any residential use or any residential zoning district.
Where a lot or tract in an M1 District is next to an A, B, C1 or GU District, a solid fence or solid
screen planting at least six (6) feet high shall be provided along all property lines adjoining A,
B, C1 or GU Districts.
Hi-Tech Manufacturing
Poultry Processing Plants (subject to obtaining a petition of the majority of the property owners
within three hundred (300) feet of the proposed site, and one hundred percent (100) on both
sides of the street within the block that the proposed site is to be located).
Open storage of building material, lumber, coal, machinery and pipe, provided the material is
enclosed within a solid fence at least six (6) feet high within required building lines, when the
storage area is adjacent to or across the street from an A, B or C Zoning.
Other industrial uses, provided that such uses: make no greater noise than seventy (70)
decibels at the lot line; emit no smoke at periods of normal operation of a density greater than
No. one (1) according to Ringlemann’s scale; emit no particles from any flue or smokestack in
excess of two tenths (0.2) grains per cubic foot of flue gas at a stack temperature of five
hundred (500) degrees F.; emit no odors, gas, or fumes beyond the lot line; produce no glare
that can be seen from a lot line; dust-proof escapes beyond the lot line; and conduct all
operations within a building or within an area enclosed by a solid fence or wall not less than
six feet in height, where adjacent to or across the street from an A, B, or C Zoning District.
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Conditional Uses
None
Section 8.212
M2 Heavy Industrial District
The purpose of this district is to permit industrial manufacturing, fabricating, processing and
wholesale distribution located near or adjacent to major thoroughfares or railroads. No
residential land uses are permitted in Industrial districts. All uses except residential, adult
businesses, and commercial gaming are permitted, including indoor firing ranges.
A.
No building or trailer shall be erected for residential use; except that dwelling quarters
may be established in connection with any industrial establishment for watchman or
caretakers employed upon the premises.
B.
Junk yards, auto salvage or scrap yards, or similar uses shall be surrounded by a solid,
painted fence at least six (6) feet high within building lines so that they cannot be seen
from the public street.
C.
Trailer Parks or Mobile Home Parks shall be excluded.
D.
All firing ranges structures must be located a minimum of three hundred (300) feet from
the property line of any residential use or any residential zoning district.
Conditional Uses
None
Section 8.213
R Rural District
The purpose of the Rural district is to permit Low-Density Residential development including
uses permitted in the A1, A2, and A2.7 Districts. If an area is designated Agriculture/Rural on
the Comprehensive Land Use and Development Plan “Comprehensive Land Use Plan” and is
zoned Rural, all lots in a development shall be a minimum of one (1) acre or at a maximum
density of four and one tenth (4.1) units per acre in an approved cluster development. In
addition, churches, schools, public buildings, recreational facilities, and other accessory uses
normally compatible with surrounding low-density residential development may be permitted.
A.
Any accessory use for the above as permitted under Section 9.1 of the Unified
Development Code;
B.
Commercial or industrial uses as defined in Section 8.209 C1 Light Commercial,
8.210(a) C2 Heavy Commercial, and 8.211 M1 Light Industrial Districts of the Unified
Development Code on properties zoned Rural which by February 16, 1994 have been
clearly designated by private deed restrictions and approved subdivision plat notations
shall also be permitted; and
C.
Existing uses of property as defined in Sections 8.203 – 8.210a, excluding Section
8.209.1 C-AB-1, which have been authorized pursuant to issuance of a current
occupational license prior to February 16, 1994 shall also be permitted subject to the
following provisions:
1.
The following requirements are intended to separate different land uses from
each other in order to eliminate or minimize potential nuisances such as dirt,
litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to
provide spacing to reduce adverse impact of noise, odor, or danger from fire or
explosion.
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a.
Town house Developments shall provide a twenty-five (25) foot yard and
a wall or solid fence at least six (6) feet high along the perimeter of the
project wherever it adjoins A1 or A2 Districts or a recognized single
family residential subdivision.
b.
Zero Lot Line Developments shall provide a fifteen (15) foot rear and/or
side yard and a wall or solid fence at least six (6) feet high along the sides
and/or rear of the project wherever it adjoins A1 or A2 Districts or a
recognized single family residential subdivision.
c.
Multi-Family Developments including duplexes that do not exceed eight
units shall provide a fifteen (15) foot side yard, a twenty-five (25) foot rear
yard and a wall or solid fence at least six (6) feet high along the sides
and/or rear of the project wherever it adjoins A1 or A2 Districts or a
recognized single family residential subdivision.
d.
Multi-Family Developments exceeding eight (8) units and uses as defined
under B, B1 and C-1 Districts shall provide a twenty-five (25) foot buffer
yard, and a wall or solid fence at least six (6) feet high, along the sides
and/or rear of the project wherever it adjoins A1 or A2 Districts or a
recognized residential subdivision.
e.
Uses as defined under the C2 District shall provide a twenty-five (25) foot
buffer yard and a wall or solid fence at least seven (7) feet high wherever
it adjoins A1 or A2 Districts or a recognized residential subdivision.
Buffer yards shall be located on the outer perimeter of a lot or parcel extending to the lot or
parcel boundary line. Buffer yards shall not be located on any portion of a dedicated street
right-of-way.
2.
Regulations for yards where property lines do not adjoin a residential
development or A1 or A2 Districts shall be as shown in Part Four: Minimum
Yard Regulations.
3.
Regulations for minimum lot areas and widths shall be as shown in Section
11.6.
4.
Regulations of Off-Street Parking shall be as shown in Chapter 17.
5.
Mobile Homes subject to the following conditions:
a.
Any such mobile home must be located at least one hundred (100) feet
from the street and twenty five (25) feet from adjacent property lines
unless the owner has the signed notarized consent of the adjacent
property owner to place the mobile home closer than twenty five (25) feet,
in which case it may be placed a minimum of five (5) feet from the
adjacent property line in accordance with the side yard requirement for
rural zones set forth in Section 11.3 of this code;
b.
Any such property must have at least one hundred (100) feet of frontage
on a parish maintained road or be located a minimum of two hundred
(200) feet from a parish maintained road having a dedicated access
thereto by a recorded instrument effective as to the third parties such as
a dedicated servitude of passage approved by the Planning Commission
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or as may be noted on an approved plat, which such methods are
considered illustrative and not exclusive; and
c.
Only one (1) mobile home per lot or tract will be permitted.
Conditional Uses
Above Ground Pipeline facility – for the transport of product (but not including
storage of bulk materials) with land area containing more than one-half acre.
Height of Facility: Six (6) feet or Less
Set Backs: Fifty (50) feet from property line of existing residential use
Landscape Requirement: Required Bufferyard A and Six (6) foot fence adjacent to
existing residential use.
Height of Facility: Six (6) to Ten (10) feet
Set Backs: Fifty (50) feet from property line of existing residential use
Landscape Requirement: Required Bufferyard A and Eight (8) foot fence adjacent to
existing residential use.
Height of Facility: Over ten (10) feet
Set Backs: Seventy-five (75) feet from property line of existing residential use
Landscape Requirement: Required Bufferyard A and Eight (8) foot fence.
One hundred (100) feet from property line of existing Commercial Use, required
Bufferyard A with six (6) foot fence.
Over one hundred (100) feet from property line of existing Commercial Use, required
Bufferyard A with no fence.
Bed and breakfast home – Limited to four (4) guestrooms within National Register
Historic Districts or Sites or homes listed on the National Register of Historic Places or
within homes a minimum of fifty (50) years old. All parking areas must be completely
screened (see parking screening in Appendix D) from the street and adjacent residences.
No signage is allowed. Must be owner occupied unless located on a tract of five (5)
acres or more. Shall be located on a lot or tract with a minimum size of one (1) acre.
Guests are limited to a maximum stay of seven (7) consecutive days. Homes that
qualify based upon the fifty (50) year old requirement shall not be located within a
recognized residential subdivision unless the lot has frontage on a designated major
street.
Cemeteries and mausoleums – Must be located on a major street. All graves and
buildings shall be setback at least fifty feet from all property lines. Shall not be located
within a recognized residential subdivision.
Childcare centers – operation are between 6:30 a.m. and 6:30 p.m. A six (6) foot solid
wooden fence is required between adjacent residences and outdoor play areas. No
signage is allowed. Must be owner occupied. All parking areas must be completely
screened (see parking screening in Appendix D) from the street and adjacent residences.
Shall not be located within a recognized residential subdivision.
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Commercial horse stables and equestrian facilities – Shall not be located within a
recognized residential subdivision.
Educational, religious, and philanthropic institutions – Plan Review is required for
all such uses. Site Plan criteria shall be submitted as required in Section 4.101 Plan
Review of the Unified Development Code.
Respite care center – Enrollment is limited to eight (8) persons. A six (6) foot solid
wooden fence is required between adjacent residences and outdoor play areas. No
signage is allowed. All parking areas must be completely screened (see parking
screening in Appendix D) from the street and adjacent residences. Shall not be located
within a recognized residential subdivision.
Snowball stands – Shall be a seasonal business that operates between April 1st and
October 31st and is limited exclusively to the sale of snowballs. Shall not be located
within a recognized residential subdivision unless located on a designated major street.
Limited to a maximum size of two hundred (200) gross square feet. All parking areas
must be completely screened (see parking screening in Appendix D) from the street and
adjacent residences. Shall not be located within the required minimum front yard. All
signage shall be wall signs with a maximum size of twenty (20) square feet and a
maximum of one (1) sign per street frontage.
Wireless transmitting and receiving facilities – Shall follow the requirements for
Wireless Site Plan approval in Section 14.4.
Section 8.213(a)(1)
RE/A 1 Residential Estate/Agriculture One District
The purpose of RE/A 1 is to permit low-density residential development, all lots in a
development shall be a minimum of one (1) acre with a minimum of one hundred (100) feet of
frontage on a public or private roadway.
Conditional Uses
Above Ground Pipeline facility – for the transport of product (but not including
storage of bulk materials) with land area containing more than one-half acre.
Height of Facility: Six (6) feet or Less
Set Backs: Fifty (50) feet from property line of existing residential use
Landscape Requirement: Required Bufferyard A and Six (6) foot fence adjacent to
existing residential use.
Height of Facility: Six (6) to Ten (10) feet
Set Backs: Fifty (50) feet from property line of existing residential use
Landscape Requirement: Required Bufferyard A and Eight (8) foot fence adjacent to
existing residential use
Height of Facility: Over ten (10) feet
Set Backs: Seventy-five (75) feet from property line of existing residential use
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Landscape Requirement: Required Bufferyard A and Eight (8) foot fence.
One hundred (100) feet from property line of existing Commercial Use, required
Bufferyard A with six (6) foot fence.
Over one hundred (100) feet from property line of existing Commercial Use, required
Bufferyard A with no fence.
Bed and breakfast home – Limited to four (4) guestrooms within National Register
Historic Districts or Sites or homes listed on the National Register of Historic Places or
within homes a minimum of fifty (50) years old. All parking areas must be completely
screened (see parking screening in Appendix D) from the street and adjacent residences.
No signage is allowed. Must be owner occupied unless located on a tract of five (5) acres
or more. Shall be located on a lot or tract with a minimum size of one (1) acre. Guests
are limited to a maximum stay of seven (7) consecutive days. Homes that qualify based
upon the fifty (50) year old requirement shall not be located within a recognized
residential subdivision unless the lot has frontage on a designated major street.
Cemeteries and mausoleums – Must be located on a major street. All graves and
buildings shall be setback at least fifty (50) feet from all property lines. Shall not be
located within a recognized residential subdivision.
Commercial horse stables and equestrian facilities – Shall not be located within a
recognized residential subdivision.
Educational, religious, and philanthropic institutions – Plan Review is required for
all such uses. Site Plan criteria shall be submitted as required in Section 4.101 Plan
Review of the Unified Development Code.
Recreational facilities – Only monument signs allowed. Any facility located adjacent to
a recognized residential subdivision must provide a Buffer Yard B as shown on
Appendix D-4 of this Code.
Wireless transmitting and receiving facilities – Shall follow the requirements for
Wireless Site Plan approval in Section 14.4.
Section 8.213(a)(2)
RE/A 2 Residential Estate/Agriculture Two District
The purpose of RE/A 2 is to permit low-density residential development, all lots in a
development shall be a minimum (2) acres with a minimum of one hundred (100) feet of
frontage on a public or private roadway.
Conditional Uses
Above Ground Pipeline facility – for the transport of product (but not including
storage of bulk materials) with land area containing more than one-half acre.
Height of Facility: Six (6) feet or Less
Set Backs: Fifty (50) feet from property line of existing residential use
Landscape Requirement: Required Bufferyard A and Six (6) foot fence adjacent to
existing residential use
Height of Facility: Six (6) to Ten (10) feet
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Set Backs: Fifty (50) feet from property line of existing residential use
Landscape Requirement: Required Bufferyard A and Eight (8) foot fence adjacent to
existing residential use
Height of Facility: Over ten (10) feet
Set Backs: Seventy-five (75) feet from property line of existing residential use
Landscape Requirement: Required Bufferyard A and Eight (8) foot fence.
One hundred (100) feet from property line of exiting Commercial Use, required
Bufferyard A with six foot fence.
Over 100 feet from property line of existing Commercial Use, required Bufferyard A with
no fence.
Bed and breakfast home – Limited to four (4) guestrooms within National Register
Historic Districts or Sites or homes listed on the National Register of Historic Places or
within homes a minimum of fifty (50) years old. All parking areas must be completely
screened (see parking screening in Appendix D) from the street and adjacent residences.
No signage is allowed. Must be owner occupied unless located on a tract of five (5) acres
or more. Shall be located on a lot or tract with a minimum size of one (1) acre. Guests
are limited to a maximum stay of seven (7) consecutive days. Homes that qualify based
upon the fifty (50) year old requirement shall not be located within a recognized
residential subdivision unless the lot has frontage on a designated major street.
Cemeteries and mausoleums – Must be located on a major street. All graves and
buildings shall be setback at least fifty (50) feet from all property lines. Shall not be
located within a recognized residential subdivision.
Commercial horse stables and equestrian facilities – Shall not be located within a
recognized residential subdivision.
Educational, religious, and philanthropic, institutions – Plan Review is required for
all such uses. Site Plan criteria shall be submitted as required in Section 4.101 Plan
Review of the Unified Development Code.
Recreational facilities – Only monument signs allowed. Any facility located adjacent to
a recognized residential subdivision must provide a Buffer Yard B as shown on Appendix
D-4 of this Code.
Wireless transmitting and receiving facilities – Shall follow the requirements for
Wireless Site Plan approval in Section 14.4.
Section 8.213(a)(3)
RE/A 3 Residential Estate/Agriculture Three District
The purpose of RE/A 3 is to permit low-density residential development, all lots in a
development shall be a minimum of three (3) acres with a minimum of one hundred (100) feet
of frontage on a public or private roadway.
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Conditional Uses
Above Ground Pipeline facility – for the transport of product (but not including
storage of bulk materials) with land area containing more than one-half acre.
Height of Facility: Six (6) feet or Less
Set Backs: 50 feet from property line of existing residential use
Landscape Requirement: Required Bufferyard A and Six (6) foot fence adjacent to
existing residential use
Height of Facility: Six (6) to Ten (10) feet
Set Backs: 50 feet from property line of existing residential use
Landscape Requirement: Required Bufferyard A and Eight (8) foot fence adjacent to
existing residential use
Height of Facility: Over ten (10) feet
Set Backs: 75 feet from property line of existing residential use
Landscape Requirement: Required Bufferyard A and Eight (8) foot fence.
100 feet from property line of exiting Commercial Use, required Bufferyard A with six
foot fence.
Over 100 feet from property line of existing Commercial Use, required Bufferyard A with
no fence.
Bed and breakfast home – Limited to four (4) guestrooms within National Register
Historic Districts or Sites or homes listed on the National Register of Historic Places or
within homes a minimum of fifty (50) years old. All parking areas must be completely
screened (see parking screening in Appendix D) from the street and adjacent residences.
No signage is allowed. Must be owner occupied unless located on a tract of five (5) acres
or more. Shall be located on a lot or tract with a minimum size of one (1) acre. Guests
are limited to a maximum stay of seven (7) consecutive days. Homes that qualify based
upon the fifty (50) year old requirement shall not be located within a recognized
residential subdivision unless the lot has frontage on a designated major street.
Cemeteries and mausoleums – Must be located on a major street. All graves and
buildings shall be setback at least fifty (50) feet from all property lines. Shall not be
located within a recognized residential subdivision.
Commercial horse stables and equestrian facilities – Shall not be located within a
recognized residential subdivision.
Educational, religious, and philanthropic institutions – Plan Review is required for
all such uses. Site Plan criteria shall be submitted as required in Section 4.101 Plan
Review of the Unified Development Code.
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Recreational facilities – Only monument signs allowed. Any facility located adjacent to
a recognized residential subdivision must provide a Buffer Yard B as shown on
Appendix D-4 of this Code.
Wireless transmitting and receiving facilities – Shall follow the requirements for
Wireless Site Plan approval in Section 14.4.
Section 8.214
GU Governmental Use District
Governmental buildings and facilities including judicial offices and courts.
Civic Center Buildings and facilities including auditorium(s), coliseum(s), and exhibition and
convention center(s).
Cultural buildings and facilities including museums, art centers, libraries, music centers, and
similar cultural facilities and exhibition uses.
Multi-level parking facilities owned and operated by a public agency only to adequately
accommodate the vehicle storage requirements expected to be generated by new development
within the District.
Public open spaces including parks and recreation facilities and plazas.
Private and commercial uses as approved by the Planning Commission and Metropolitan
Council.
Other accessory uses and activities customary and incidental to the principal permitted uses
including but not limited to central utility buildings, utility distribution systems, transmission
lines, communication distribution systems, streets, parking areas and lots, storage garages,
boat docks and tie-up facilities, flood control structures, drainage structures, railroad rights-ofway, trackage, appurtenances, and other uses of a similar character, function, or activity which
are supportive to the principal uses.
No temporary facilities such as mobile homes, trailers, shacks, tents, stables, or barns shall be
placed or allowed to remain on any property within the District, except for temporary mobile
units or construction sheds and offices used during the course of construction, reconstruction,
alteration, or remodeling of any building for site and utility work. Other temporary mobile
units and similar facilities may be allowed for periods not exceeding forty-eight (48) hours in
duration where their presence is to provide some form of public service to and for the public
and only where approved by the Police Department.
No animals, livestock, or poultry of any kind shall be raised or bred on any property within the
District.
No property shall be used or maintained in any manner as a trash or rubbish dumping ground.
Trash, garbage, or other solid waste shall be confined to approve sanitary waste containers,
and all such containers shall be kept and maintained in a clean and sanitary condition.
No trade, profession, business, or use of any character shall be carried out within any building
or property in the Zoning District which may be or become a nuisance or annoyance to other
uses in and surrounding the Zoning District, or generate and emit any type of excessive
environment pollution including but not limited to smoke, dust, odor, noise, water, or other air
pollution in excess of generally recognized local, state, or national standards.
Chapter 8 – Zoning Districts
May 2015
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No building shall be erected or placed on any tract, parcel, or lot in the Public Facilities District
nor shall any existing structure be altered until the building plans, specifications, and plot
(site) plan have been submitted and approved in writing by the Planning Commission and the
Metropolitan Council.
Conditional Uses
None
Section 8.215
X Adult Businesses District
This district allows adult businesses that are distinguished or characterized by an emphasis on
matter depicting, describing or relating to ‘specified sexual activities’. This district may not be
located within one thousand (1,000) feet of a. another adult business; b. any restaurant, bar or
lounge, or package liquor stores; or c. a school, playground, church, or area zoned for
residential purposes including rural zones.
Adult businesses are defined for purposes of this chapter to include exotic dancers, adult
motion picture theaters, theaters showing X rated movies, adult mini motion picture theaters,
adult bookstores (all as elsewhere defined in this chapter), or other businesses which are
distinguished or characterized by an emphasis on matter depicting, describing or relating to
‘specified sexual activities’ of ‘specified anatomical area’ provided that no such adult
businesses be located nearer than one thousand (1,000) feet from a. another adult business (as
defined herein); b. any restaurant, bar or lounge, or package liquor stores; or c. a school,
playground, church, or area zoned for residential purposes including rural zones.
Conditional Uses
None
Section 8.216
A.
Planned Unit Developments (PUD, SPUD, and ISPUD)
General Character:
1.
Purpose. The intent of this section is for the following objectives to be achieved,
where applicable, through the use of the Planned Unit Development process:
a.
Encourage a mix of land uses for the development of large tracts of land
as planned neighborhoods, communities, and/or development.
b.
Encourage flexible and creative concepts in site planning.
c.
Preserve the natural amenities of the land by encouraging scenic and
open areas; create a method for the permanent preservation of common
open space, natural vegetation, topographic and geological features, and
environmentally appropriate features for the continued use and
enjoyment of the residents of the development (for PUDs and SPUDs
only).
d.
Accomplish a more desirable environment and increase the variety of
environments made available to the public by allowing a development
that would not be possible under the strict application of the current
Unified Development Code.
e.
Provide an efficient use of land, which could result in smaller networks of
utilities and streets, and promote a creative approach to the use of land
and related physical facilities that result in better design and
Chapter 8 – Zoning Districts
May 2015
8 - 28
development, with the inclusion of aesthetic amenities including an
increased amount of landscaping.
f.
Provide an environment of stable character compatible with surrounding
area, and combine and coordinate architectural styles, building forms,
and building relationships with a possible mixing of different land uses
in an innovative design.
g.
Provide an environment that encourages non-vehicular circulation.
h.
Provide for the prevention and/or control of soil erosion, surface flooding,
and the preservation of subsurface water.
i.
Provide for more usable and suitably located recreation facilities, schools,
and other public and private facilities (for PUDs only).
j.
Create a method for the permanent preservation of architectural and/or
historic landmarks.
k.
Promote a land use which promotes the public health, safety and welfare.
Within the planned area, a variety of land use types should be designed,
in an orderly relation to one another and to existing land uses, and with
due regard to comprehensive planning.
Such development may consist of conventionally subdivided lots to be
sold, un-subdivided single ownership, separate condominium ownership
of structures, or other ownership methods the location and extent of
which are established on the Planned Unit Development Plat.
The unique and substantially different character of Planned Unit
Developments require their administrative processing as a “special
rezoning” in this ordinance. Planned Unit Developments are more
complex and of a different character than other zoning classifications,
requiring the establishment herein of specific and additional procedures,
standards, requirements and exceptions to govern the recommendations
of the Planning Commission and the action of the Metropolitan Council.
2.
l.
Provide for infill development and adaptive reuse of abandoned or
blighted properties.
m.
Provide an environment which encourages live/work mixes. This type of
development should include a mix of at least two (2) separate uses within
the development, however Districts of a single zoning type may be
allowed dependent on the development, location and availability of
traditional zoning.
Interpretation.
a.
The subdivision, development and use of land as an integral unit which
provides a mix of land uses, and may include for single-family
residential,
multiple-family
residential,
educational,
business,
commercial, recreational, park and common open areas, is described as
a Planned Unit Development.
Chapter 8 – Zoning Districts
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b.
B.
In its establishment and authorization as a special zoning classification,
the Planned Unit Development may be excepted from the provisions of
the subdivision and site plan regulations and of the zoning ordinance of
East Baton Rouge Parish to the extent specified in this ordinance and in
the final authorization of the Planned Unit Development as specified in
an ordinance approved by the Metropolitan Council.
Development Standards: The following table of minimum development standards and
review criteria shall apply to all Planned Unit Developments and shall constitute
minimum Planned Unit Development requirements:
PUD, SPUD, and ISPUD TABLE
Minimum Development Standards
(for each type)
SIZE
LANDSCAPING
PERMITTED
USES
PLANNED UNIT
DEVELOPMENT (PUD)
SMALL PLANNED UNIT
DEVELOPMENT (SPUD)
INFILL/MIXED USE
SMALL PLANNED
UNIT
DEVELOPMENT
(ISPUD)
Ten (10) acres or more
Two and One Half (21/2)
to Ten (10) acres
Zero (0) to Two and
One Half (21/2) Acres
A perimeter landscaped
buffer yard shall also be
required to screen offstreet parking
area and building
service areas from
streets abutting streets
and residential zoning
and uses.
Requirements are to be
determined by each
approved Final
Development Plan and
must be consistent with
the approved Concept
Plan.
All zoning
districts except
adult businesses *
A perimeter landscaped
buffer yard shall also be
required to screen offstreet parking areas
and building service
areas from abutting
streets and residential
zoning and uses.
Requirements are to
be determined by
each approved Final
Development Plan.
Requirements are to be
determined by each
approved Final
Development Plan.
Zoning districts A1
through M1 *
Chapter 8 – Zoning Districts
All permitted uses up
to C5
May 2015
8 - 30
PUD, SPUD, and ISPUD TABLE
Minimum Development Standards
(for each type)
COMMON OPEN
SPACE
REQUIREMENTS
PLANNED UNIT
DEVELOPMENT (PUD)
SMALL PLANNED UNIT
DEVELOPMENT (SPUD)
Common Open
Space is defined
in Section 8.216.C.2. A
minimum of fifteen
(15)percent of the gross
site area contained
within a PUD Planned
Unit Development of
between ten (10) and
fifty (50) acres,
eighteen(18) percent of
the gross site area
contained within a
Planned Unit
Development over
fifty(50) acres
and up to one
hundred (100)
acres; and twenty (20)
percent of the gross site
area contained within a
Planned Unit
Development in excess
of one hundred (100)
acres shall be dedicated
to and maintained as
land areas proposed for
common open space
must be integrated
within the entire
development. Green
common open space
within vehicle use
areas or any
noncontiguous green
area of less than one
thousand (1,000)
square feet may not be
included common open
space.
Minimum fifteen (15)
percent of the gross site
areas contained within
a SPUD shall be devoted
to and maintained as
common open space. At
least fifty (50) percent of
the common open space
requirement shall be
devoted and maintained
as green open space.
No reduction in
minimum common
open space
requirements
shall be permitted.
Land areas proposed for
common open space
must be throughout the
entire development and
must be designed and
made accessible for
common usage of the
development by means
of pedestrian and/or
bicycle connectivity.
Lakes or ponds may be
included in the common
open space calculations
provided that they are
designed so that a
minimum of twenty (20)
percent of the abutting
shoreline is made
accessible for the
common usage of the
development. Drainage
ditches or canals are
not considered lakes
and ponds and shall not
count towards open
space. In all projects
over one (1) acre,
surface drainage,
including surface
retention and detention,
should be natural or
man-made features
which enhance a
Chapter 8 – Zoning Districts
INFILL/MIXED USE
SMALL PLANNED
UNIT
DEVELOPMENT
(ISPUD)
Requirements are to
be determined by
each approved Final
Development Plan.
May 2015
8 - 31
PUD, SPUD, and ISPUD TABLE
Minimum Development Standards
(for each type)
PLANNED UNIT
DEVELOPMENT (PUD)
SMALL PLANNED UNIT
DEVELOPMENT (SPUD)
INFILL/MIXED USE
SMALL PLANNED
UNIT
DEVELOPMENT
(ISPUD)
particular property and
increase its desirability
to a community or its
marketability to the
public **.
COMMON OPEN
SPACE
REQUIREMENTS
(continued)
Common open space
within vehicle use areas
or any noncontiguous
common area of less
than one thousand
(1000) square feet may
not be included in the
required area. Hard
surface areas such as
pedestrian plazas and
recreational courts may
account for up to
twenty-five (25) percent
of the green common
open space. Common
landscape areas located
within rights-of-way or
servitudes may account
for up to twenty-five
(25) percent of the
common open space.
Dry detention basins
and retention areas may
account for up to fifty
(50) percent of the
common open space.
The area immediately
surrounding existing
building(s) and existing
building(s) that have
historical or cultural
significance may be
located within the
dedicated common open
space requirements.
These areas must be
made accessible for the
common usage of the
development.
Chapter 8 – Zoning Districts
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PUD, SPUD, and ISPUD TABLE
Minimum Development Standards
(for each type)
PLANNED UNIT
DEVELOPMENT (PUD)
COMMON OPEN
SPACE
REQUIREMENTS
(continued)
SMALL PLANNED UNIT
DEVELOPMENT (SPUD)
INFILL/MIXED USE
SMALL PLANNED
UNIT
DEVELOPMENT
(ISPUD)
Servitudes with existing
below ground utilities or
facilities may be
included in the common
open space
requirement. Servitudes
with existing above
ground utilities or
facilities may be
included for commercial
areas only.
* Industrial Uses are not permitted in developments with Residential Uses.
** Required on all Projects over one (1) acre unless waived by Planning Director.
PUD, SPUD, and ISPUD TABLE
Minimum Development Standards
(common for all types)
REQUIREMENTS
TO BE DETERMINED
BY EACH APPROVED
FINAL DEVELOPMENT
PLAN ***
Unified Development
Code requirements
unless shared parking is
approved with the
Concept or Final
Development Plan.
PARKING
SIGNS
SETBACK REQUIREMENTS
MINIMUM LOT SIZE
MINIMUM LOT
X
X
X
X
Not more than one
hundred fifty (150)percent
of abutting zoning districts.
In addition, buildings
may also be increased in
height one (1) foot for each
ten (10) feet setback from
abutting zoning districts.
HEIGHT OF BUILDINGS
RESIDENTIAL DENSITY
SPECIAL MINIMUM
REQUIREMENTS WHICH
MAY NOT BE WAIVED
X
Chapter 8 – Zoning Districts
May 2015
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PROPOSED ADDITIONAL
UTILITY DISTRIBUTION
LINES
Underground
Unified Development
Code requirements
PUBLIC STREETS
(Street Cross Sections) unless
deviations in street typical
sections are granted with
Final Development Plan
approval.
*** For Planned Unit Development (PUD), the Final Development Plan must be consistent with
the approved Concept Plan.
C.
General Review Criteria.
1.
General. Approval and recommendation of the Planning Commission shall be
accompanied by a written report stating the reasons for approval of the
application, and specific evidence and facts showing that the proposed Planned
Unit Development will not adversely affect the immediate vicinity. The Planning
Commission in its review of proposed Planned Unit Development plans shall
consider, where applicable:
a.
The relation between the proposed development and surrounding uses,
and the effect of the proposed Planned Unit Development plan upon
comprehensive planning;
b.
The adequacy of existing and proposed streets, utilities, and other public
services to serve the development; and the location with respect to the
interstate, major highways and major arterial streets so as not to create
adverse major shifts of traffic generation to intermediate collectors
and/or minor streets; and access of every dwelling unit or other uses
within the Planned Unit Development to a public and/or private street
via pedestrian ways, courts or other access related servitudes or
easements.
c.
The character, design, and appropriateness of the proposed land uses
and their adequacy to encourage desirable living conditions, to provide
separation and screening between uses where desirable, to preserve the
natural amenities of streams, wooded areas, and similar natural features
where possible, to provide adequate pedestrian circulation and access to
mass transit if available;
d.
The proposed location, arrangement density/intensity, and height of land
uses shall be compatible to existing or proposed dwellings within the
vicinity of the Planned Unit Development or to the development of the
neighborhoods.
e.
The suitability of the site for development in the manner proposed
without hazard to persons or property adjacent to the site, the use of
flood hazard areas if present for recreational areas, and no contribution
to erosion or other soil related damage. Soil conditions, drainage,
vegetation cover and topography shall be maximally utilized to fit the
intended design of the development.
Chapter 8 – Zoning Districts
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2.
f.
The requirement of common open spaces within the Planned Unit
Development and the devotion of the development to active and passive
recreational purposes (only applies to PUD and SPUD).
g.
The protection and preservation of any existing historic and
archaeological structures or sites into the design of the Planned Unit
Development.
h.
The greater protection and preservation of environmentally sensitive and
natural amenities areas within the Planned Unit Development, if any,
including, but not limited to, wetlands, problem soils, streams, creeks,
old growth wooded areas, and areas containing protected species.
i.
The internal compatibility of the land uses within the plan.
j.
The external compatibility of the arrangement of the land uses within the
Planning Unit Developments.
k.
The proposed Planned Unit Development (PUD, SPUD, and ISPUD) is
consistent with the spirit and intent of this PUD ordinance and
represents an opportunity for improved or innovative development for the
community that could not be achieved through conventional zoning.
l.
The promotion of the purposes set forth in Section 8.216.A.1.
Additional Common Open Space Requirements (for PUD only).
a.
Subject to satisfaction of Section 8.216.C.2.c below, the following uses
may account for common open space with the stated limitations:
1.
Parks, and other open greenbelt areas, whether publicly or
privately owned, which are readily accessible must account for
not less than fifty (50) percent of the common open space.
2.
Street trees located within designated landscape common areas or
landscape servitude and located within a street right-of-way may
not exceed twenty-five (25) percent of the common open space.
However, common open space within vehicle use areas or any
noncontiguous green area of less than one thousand (1,000)
square feet may not be included.
3.
Surface drainage, including surface retention and detention,
should be natural or man-made features which enhance a
particular property and increase its desirability to a community
or its marketability to the public.
(a)
Lake and ponds, including storm water wet detention
basins provided that they are designed so that a minimum
of twenty (20) percent of the abutting shoreline is made
accessible for the common use of the development.
(b)
Storm water dry detention basins of not less than one (1)
acre; but may not exceed twenty-five (25) percent of the
common open space and must be designed to provide for
Chapter 8 – Zoning Districts
May 2015
8 - 35
acceptable maintenance and upkeep of the detention
basin.
b.
4.
Golf courses may account for up to fifty (50) percent of the
common open space.
5.
Natural wetlands should not exceed fifty (50) percent of common
open space plus any natural wetlands reasonably visible from
interpretive walkways provided in and through the wetlands.
6.
Hard surface recreation areas such as recreational courts and
pedestrian plazas may account for up to twenty-five (25) of the
common open space.
7.
Servitudes with existing below ground utilities and/or facilities
with a width of not less than thirty (30) feet.
8.
Electrical transmission line servitudes with a width of not less
than one hundred fifty (150) feet in commercial areas only.
9.
Dedicated recreational areas on school sites, excluding the area
devoted to buildings.
10.
An existing building or buildings that have historical or cultural
significance may be located in a common area space; however,
the enclosed building area may not be included in the common
open space requirement.
11.
Common open space for the use by the general public, if agreed to
by the appropriate governmental authority, in each case in an
amount to be determined by the Planning Commission.
Common open space shall not include:
1.
Required
(a)
Yards which are not accessible for the common use of the
development;
(b)
Parking areas;
(c)
Drives;
(d)
Utility with above ground
easements/servitudes;
(e)
Paved lakes, ponds, bayous, streams, or creeks.
improvements
or
road
2.
Structures (unless a part of the open space such as gazebos);
3.
Drainage ditches or canals; and
4.
Areas reserved for the exclusive use and benefit of an individual
tenant or owner.
Chapter 8 – Zoning Districts
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3.
c.
Common open space shall be permanently set aside for the sole benefit,
use, and enjoyment of present and future occupants of the Planned Unit
Development through covenant, deed restriction, open space servitude,
or similar legal instrument; or, if agreed to by governmental agency, the
open space may be conveyed to a governmental agency for the use of the
general public.
d.
In the event land shown on a Final Development Plan as common open
space is dedicated to the Parish, the Metropolitan Council may, but shall
not be required to, accept the open space provided: (x) such land is
accessible to the residents of the Parish; (y) there is no cost of acquisition
other than the costs incidental to the transfer of ownership; and (z) the
Parish agrees to and has access to maintain such lands.
Association.
The common open space and associated facilities may be owned by an
association or maintenance association. The association shall be formed and
operated under the following provisions:
4.
a.
The applicant shall provide the articles and bylaws of the association and
the methods for maintaining the common open space.
b.
The association shall be organized by the applicant and shall be operated
with a financial subsidy from the applicant before the sale of any lots
within the Planned Unit Developments.
c.
Membership in the association is mandatory for all purchasers of
property therein and their successors in title. The conditions and timing
of transferring control of the association from the applicant to the
property owners shall be identified.
d.
The association shall be responsible for maintenance of insurance and
taxes on all common open space, enforceable by liens placed on the
association by the Parish. The association may place liens on the
property of its members who fail to pay their association dues in a timely
manner, as provided in the association bylaws. Shares shall be defined in
the bylaws.
e.
The association shall, at all times, cause the property owners to have
access to the common open space within the Planned Unit
Developments.
f.
The association shall be able to adjust the assessments to meet changing
needs.
Landscaping and Screening Standards.
a.
Overall composition and location of landscaping shall complement the
scale of the development and its surroundings. In general, larger, wellplaced contiguous planting areas shall be preferred to smaller,
disconnected areas.
b.
A street yard five hundred (500) square feet or less in size is not required
to be landscaped (for PUD only).
Chapter 8 – Zoning Districts
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5.
D.
Environmental Standards. All uses in the Planned Unit Developments shall
conform to all applicable federal, state and local laws and regulations regarding
the environment such as laws and regulations concerning noise, air quality,
water quality, radiation, and radioactivity.
Ownership and Control. All land included for purpose of development within Planned
Unit Developments shall be owned by or be under the control of the applicant for such
zoning designation (including without limitation a purchase agreement, option
agreement, and/or development agreement), whether that applicant be an individual,
partnership, corporation (limited liability company, limited liability partnership, trust),
or groups of individuals, partnerships, or corporations (limited liability company,
limited liability partnerships and/or trusts). The applicant shall present proof of the
unified control of the entire area within the Planned Unit Development and shall agree
that if applicant proceeds with the Planned Unit Development applicant will:
1.
2.
Do so in accordance with:
a.
The Concept Plan of development officially adopted for the Planned Unit
Developments;
b.
Regulations existing when the amendment granting the Planned Unit
Development was adopted; and
c.
Such other conditions or modifications as may be attached to the
rezoning of the land to the Planned Unit Developments.
Secure written consents and agreements satisfactory to the Planning
Commission from all property owners of record within the Planned Unit
Development boundaries that have not joined in the Planned Unit Developments
application that there is no objection to including their property in the Planned
Unit Developments site plan and overall Planned Unit Developments planning
process.
E.
Relation to Zoning Districts.
An approved Planned Unit Development shall be
considered to be a separate zoning district in which the Development plan, as approved,
establishes the restrictions and regulations according to which Development shall
occur, and may depart from the normal procedures, standards, and other requirements
of the other sections of the zoning ordinance and subdivision regulations to the extent
provided herein. Upon approval, the official zoning map will be changed to indicate the
area as Planned Unit Development Concept (or “PUD CONCEPT”) (for PUD only), or if
final approval is granted then as Planned Unit Development (or “PUD”). Every approval
of a Planned Unit Development (PUD, SPUD, or ISPUD) shall be considered an
amendment to the zoning ordinance.
F.
Definitive covenants, grants, easements, dedications, and restrictions to be imposed on
the land, buildings, and structures including proposed easements for public utilities
and instruments relating to the use and maintenance of common area and private
streets shall give consideration to access requirements of public vehicles for
maintenance purposes.
G.
Additional Regulations for Phased Developments. A Planned Unit Development may be
developed in phases or stages in accordance with the following requirements (for PUD
only).
Chapter 8 – Zoning Districts
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H.
1.
Boundaries. The boundaries of all proposed Planned Unit Development phases
shall be shown on the Concept Plan.
2.
Data. All data required for the project, as a whole, shall be given for each phase
shown on the Concept Plan.
3.
Improvements. The phasing plan shall be consistent with the traffic circulation,
drainage, common open space, and utilities plans for the entire Planned Unit
Development. Planned Unit Developments that are to be developed in phases or
stages shall be required to provide public improvements, common open space,
and other amenities attributed to such phase at the same time as or before the
construction of principal buildings and structures associated with individual
phases. The nature, type, and amount of public improvements, common open
space, and other project amenities provided during an individual phase of the
project shall be commensurate with and proportionate to the overall
development of the phase.
Planned Unit Development (PUD)
1.
Review and Approval Procedures; General. The Planned Unit Development
approval process shall consist of the following three (3) components:
a.
Pre-application conference;
b.
Approval of Concept Plan by the Planning Commission and Metropolitan
Council for the entire Planned Unit Development;
c.
Approval of a
Commission.
Final
Development
Plan,
by
the
Planning
If the Planned Unit Development includes the division of property into
lots, the Final Development Plan shall be approved concurrently with the
preliminary plat.
Subdivisions of property within a Planned Unit Development after
Concept Plan approval, but prior to Final Development Plan approval,
shall meet the zoning requirements of the most restrictive zoning district
allowed for each designated use for that portion of the Concept Plan.
These subdivisions shall require Planning Commission approval and will
not allow development or building permit approval until a Final
Development Plan is approved.
Where the Planned Unit Development is to be developed in phases, the
Concept Plan that is presented for review and approval shall be the
Concept Plan for the entire Planned Unit Development and shall identify
the proposed phasing.
2.
Pre-Application Conference.
a.
The pre-application conference shall be held with the Planning Director
for the purpose of exchanging information, providing guidance to the
applicant and determining the eligibility of the request for consideration
as a Planned Unit Development.
Chapter 8 – Zoning Districts
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3.
b.
A request for a pre-application conference shall be made to the Planning
Director. As part of the pre-application conference, the applicant shall
submit the number of copies listed in Appendix L of a conceptual plan, at
least ten (10) days in advance of the pre-application conference, which
shows the property location, boundaries, significant natural features,
vehicular and pedestrian circulation, land use(s) for the entire site, and a
statement indicating financial responsibility sufficient to complete the
public improvements shown on the conceptual plan.
c.
The Planning Director shall advise the applicant of the conformance of
the Planned Unit Development concept with the intent and objectives of a
Planned Unit Development, whether it appears to qualify under the
minimum requirements of Section 8.216.A.1 and Section 8.216.C, and
whether the general concept appears to be substantially consistent with
the East Baton Rouge Parish Master Plan and the “Comprehensive Land
Use Plan”. No formal action will be taken at a pre-application conference,
nor will statements made at the pre-application conference be considered
legally binding commitments.
Concept Plan. Following the pre-application conference, an applicant shall
submit a completed application (Concept Plan) to the Planning Director. The
applicant shall subsequently be responsible for conducting a public workshop
for residents of the area in which the project is proposed to be located. The
workshop requirements ensure: the applicant is fully aware of the process, the
workshop is conducted at a place and time convenient to the residents and
residents are properly notified of its intent. The applicant is required to conduct
the workshop and document the results to the Parish before the application is
deemed complete. The Concept Plan shall contain all information required in
the Concept Plan Checklist.
a.
Procedures for Planned Unit Development Concept Plan approval. All
applications for Planned Unit Development shall be processed in the
following manner:
1.
The Concept Plan shall follow the procedures for approval of
planning items before the Planning Commission and zoning cases
before the Metropolitan Council.
2.
Notice of the time and place of the public hearing shall be mailed
by certified mail to the owner/subdivider and all abutting
property owners fifteen (15) days prior to the Planning
Commission Meeting. The public hearing shall also be advertised
in the official journal. All abutting property owners shall be given
an opportunity to submit written comments. The legal ad must
run three (3) times in the Parish’s official journal at least ten (10)
days prior to the Planning Commission meeting.
3.
Following required public notice, the Planning Commission shall
hold a public hearing on the proposed Planned Unit Development
Concept Plan. Following the hearing, the Planning Commission
shall review the Concept Plan and any comments submitted by
any adjoining property owners and shall make a recommendation
to the Metropolitan Council to approve, approve with conditions,
or deny the Planned Unit Development Concept Plan rezoning
request. In their recommendation to the Metropolitan Council, the
Chapter 8 – Zoning Districts
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Planning Commission shall
recommendation.
b.
include
the
reasons
for such
Approval of Planned Unit Development Concept Plan. After receiving the
recommendation of the Planning Commission, the Metropolitan Council
shall review the application, including the Concept Plan, the record of the
Planning Commission proceedings and the recommendation, and shall
approve, approve with conditions, or deny the application in accordance
with the standards and purposes set forth in Section 8.216.A.1 and
Section 8.216.C. An approval with conditions shall not be considered
final (and the rezoning is not final until such time) until the applicant
submits a written acceptance of the conditions and all necessary
revisions to the Concept Plan to the Metropolitan Council.
If approved by the Metropolitan Council, the Concept Plan and all other
information and material formally submitted with the application shall
be adopted as an amendment to this Unified Development Code and
shall become the standards of development for the Planned Unit
Development. All future development shall conform to the standards
adopted for the Planned Unit Development regardless of changes in
ownership.
Upon approval of the Concept Plan, the property shall be designated
“PUD CONCEPT” on the official zoning map.
4.
Final Development Plan
a.
Submittal. Within thirty-six (36) months of the Metropolitan Council’s
approval of the Concept Plan, and except as permitted under Concept
Plan approval, the applicant shall submit a Final Development Plan for
all or a portion of the property to the Planning Director or the Planning
Director’s designee prior to commencing construction on property zoned
“PUD CONCEPT”. The applicant may request an extension of up to
twelve (12) additional months from the Metropolitan Council if the Final
Development Plan has not been approved. If the applicant fails to timely
submit a Final Development Plan for all or a portion of the property, then
the Concept Plan shall be determined to be invalid, but the PUD Zoning
District shall remain. If the Planned Unit Development is to be developed
in phases, the applicant must submit a Final Development Plan for the
first phase within thirty-six (36) months of the Metropolitan Council’s
approval of the Concept Plan. All subsequent phases must follow the
standards of the Concept Plan and should be submitted in a timely
manner. However, there is no time limit to submit subsequent phases. If
no phasing is shown on the Concept Plan, a Final Development Plan may
be submitted for all or for a portion of the property to satisfy the
requirement of submitting within thirty-six (36) months of the
Metropolitan Council’s approval of the Concept Plan. The Final
Development Plan shall contain all information required in the Final
Development Plan Checklist.
b.
Certification. The following design professionals shall certify direct
involvement in the preparation of the Final Development Plan.
1.
Licensed Architect or Licensed Civil Engineer; and
Chapter 8 – Zoning Districts
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2.
Licensed Landscape Architect.
c.
Landscape Plan. A suitable landscape plan is required for all Planned
Unit Development Final Development Plans.
d.
Substantial Compliance of Final Development Plan.
The Final
Development Plan shall be in substantial compliance with the Concept
Plan. It is not intended that the Planned Unit Development so approved
shall be inflexibly applied, but rather, the Planned Unit Development
shall be in conformance with the Concept Plan subject to modification
due to changed economic, social, market or demographic conditions.
1.
e.
The burden shall be upon the applicant to show the Planning
Commission good cause for any variation Major Change (as
defined below) between the Concept Plan and the Final
Development Plan as submitted for final approval. If the Final
Development Plan, as submitted, contains substantial variations
from the Concept Plan, or Major Changes as defined in Section
8.216.H.5 herein, the Planning Commission may, after a meeting
with the applicant, within fourteen (14) days of such action, shall
so meeting, advise the applicant in writing why said variations are
not in the public interest, and deny the proposed variations.
Nothing contained herein shall prohibit an applicant from
requesting a change to an approved Planned Unit Development as
set forth in Section 8.216.H.5 herein.
Procedure for approval. The Final Development Plan shall follow the
procedure for planning items going to the Planning Commission with a
public hearing. Procedure for approval of a Final Development Plan for a
Planned Unit Development shall be processed in the following manner:
1.
The Department of Public Works shall review and approve the
construction plans for any Public Improvements shown on the
Final Development Plan prior to any construction. Improvements
may be completed or bonded for final approval in the same
manner as required under the Unified Development Code.
2.
The Planning Commission shall issue a notice of public hearing
by posting the affected site in a conspicuous place at least fifteen
(15) days prior to the hearing. A record of information and
materials presented at the public hearing shall be kept and
maintained by the Planning Commission as part of the applicant’s
permanent record.
3.
Following required public notice, the Planning Commission shall
hold a public hearing on the proposed Final Development Plan.
Following the hearing, the Planning Commission shall review the
Final Development Plan request and any comments submitted by
any adjoining property owners and shall approve, approve with
conditions, or deny the request.
4.
Upon such approval and subsequent amendment of the Final
Development Plan, construction may proceed for public and/or
approved private roads, utility installations, common open space,
recreational facilities, governmental structures, and similar uses
Chapter 8 – Zoning Districts
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provided that a preliminary subdivision plat has also been
approved for the Development in accordance with the
Development Code.
5.
5.
Any other proposed modifications affecting the Planned Unit
Development’s legal description shall require a review and
approval of the Planned Unit Development Final Development
Plan by the Planning Commission staff. The burden shall be
upon the applicant to demonstrate to the Planning Commission
justification for any variation from the approved Final
Development Plan.
6.
Upon approval of a Final Development Plan, the property shall be
re-designated from “PUD CONCEPT” to “PUD” on the official
zoning map.
Changes to an Approved Planned Unit Development.
a.
Types of Changes. There are three (3) types of changes; Major Use
Change, Major Site Change and Minor Change. A Major Use Change and
a Major Site Change are collectively referred to herein as a “Major
Change”.
b.
Major Use Change.
A major use change (“Major Use Change”) is one
that will have significant impacts on the approved Uses within the
Planned Unit Development, or on the site surrounding the Planned Unit
Development. Major Use Changes include, but are not limited to:
c.
1.
An increase in the Development site area of more than ten (10)
percent;
2.
An increase in Density of any permitted land Use, including the
number of housing units, by more than ten (10) percent;
3.
In residential areas, a change in the mix of Single-Dwelling and
Multi-Dwelling Structures by more than ten (10) percent;
4.
An increase in the amount of land in nonresidential uses by more
than ten (10) percent;
5.
Involve any land Use not specified on the approved Concept Plan
or the list of permitted Uses;
6.
Substantial and material reduction in the amenities proffered by
the applicant; and/or
7.
Material changes in the permitted land Use authorized in the
Planned Unit Development which in the opinion of the Planning
Director or Planning Director’s designee will have a material
adverse change with the Planned Unit Development or on the site
surrounding the Planned Unit Development.
Major Site Change. A major site change (“Major Site Change”) is a
major change (other than a Major Use Change) that will have significant
impact on the site and layout of the development in the Planned Unit
Chapter 8 – Zoning Districts
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Development which is not a Major Use Change, or on the site
surrounding the Planned Unit Development. Major Site Changes include,
but are not limited to:
d.
1.
Changes that vary the individual Lot Area requirement as
submitted in the Concept Plan by more than ten (10) percent;
2.
Changes in non-residential floor areas by more than ten (10)
percent of the total floor area within a component of the Planned
Unit Development;
3.
Deleting or changing the purpose of Flood hazard Servitudes or
Easements;
4.
Changes to the vehicular systems which result in a significant
adverse change in the amount or location of streets and shared
Driveways, common parking areas, circulation patterns, and
Access to the Planned Unit Development;
5.
Changes in the allocation of prescribed land Uses such that it
would result in an increase in the number of vehicle trips
generated in excess of ten (10) percent;
6.
Changes which are material in the typical sections of street
design;
7.
Changes in the designation of streets between private and public;
and/or
8.
Material changes in the approved overall layout of the site plan
and/or matters related to onsite and/or offsite infrastructure
requirements authorized in the Planned Unit Development which
in the opinion of the Planning Director or the Planning Director’s
designee will have a material adverse change with the Planned
Unit Development or on the site surrounding the Planned Unit
Development.
Minor Change. A minor change (“Minor Change”) is a change that will not
alter the basic design and character of the Planned Unit Development,
nor any specified conditions imposed as part of the original approval.
Minor Changes include, but are not limited to:
1.
Changes in location of a Mixed Residential Area, a civic area,
green area, Common Open Space, or other designated areas, if
the Planning Director determines that (a) the basic layout of the
PUD Development Plan remains the same, and (b) the PUD
Development Plan functions as well as before the revision;
2.
Changes in size of a Neighborhood Center Area, a Mixed
Residential Area, a Neighborhood Edge Area, a civic area, green
area, Common Open Space or other designated areas, if the size
is increased or decreased by not more than ten (10%) percent,
and the Planning Director determines that (a) the basic layout of
the PUD Development Plan remains the same, and (b) the PUD
Development Plan functions as well as before the revision;
Chapter 8 – Zoning Districts
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3.
Changes in the location of a commercial Use in a Mixed
Residential Area, if the Planning Director determines that the
revised location is appropriate;
4.
Change in the location or size of a Common Open Space, if the
overall amount of Common Open Space acreage does not
decrease by more than ten (10%) percent, and the Planning
Director determines that the quality and functionality of the
revised Common Open Space is the same or better. The Planning
Director may not approve a revision that includes the deletion of a
Common Open Space within 500 feet of an area that is part of a
final plat in a Mixed Residential Area;
5.
Change in the location or description of a major private open
space improvement, if the Planning Director determines that the
revised improvement is as beneficial to the residents as the
previous improvement;
6.
Change in the location or type of a Drainage or water quality
control, if the Planning Director determines that (a) the basic
layout of the PUD Zoning District remains the same, and (b) the
revised location or type of control functions as well as the
previous location or type of control, provided that there are no
objections from the Department of Public Works;
7.
Change in the location of a 100-year floodplain, if the Planning
Director determines that revision more accurately describes the
location of the floodplain, provided that there are no objections
from the Department of Public Works;
8.
Change in the locations of major utility facilities and Easements,
if the Planning Director determines that the revised locations are
more appropriate or functional, provided that there are no
objections from the Department of Public Works;
9.
Change in a preliminary architectural standard, if the Planning
Director determines that the revised standard is consistent with
the architectural character of the PUD Zoning District;
10.
Reduction of the size of any building;
11.
Movement of buildings and/or signs by no more than twenty five
(25) feet, but in no event in required buffers and/or setbacks;
12.
Landscaping approved in the Final Development Plan that is
replaced by similar landscaping to an equal or greater extent;
13.
Changes in non-residential floor plans, of up to five (5) percent of
the total floor area, which do not alter the character of the use or
increase the amount of required parking;
14.
Internal rearrangement of a parking lot that does not affect the
number of parking spaces or alter access locations or design;
Chapter 8 – Zoning Districts
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15.
Changes required or requested by the Parish and other State or
Federal authorities in order to conform to other laws or
regulations;
16.
On balance, compared to the approved Planned Unit
Development, the change will equally or better meet the purposes
and approval criteria set forth in Section 8.216.A.1 and Section
8.216.C above in the opinion of the Planning Director or the
Planning Director’s designee; and/or
17.
Any adverse impacts caused by the change are mitigated to the
satisfaction of the Planning Director or the Planning Director’s
designee.
18.
The addition of phasing to a previously approved Planned Unit
Development Concept Plan shall be a staff level revision.
e.
Permitted Uses. Any changes to the types of permitted Uses within the
PUD Zoning District must be approved by the Metropolitan Council.
f.
Review Procedures. Requests for changes to an approved Planned Unit
Development are processed as follows:
1.
Major Use Changes.
(a)
Application for Major Use Changes. The owner(s) of record
of the property shall file an application with the Planning
Director, upon a form prescribed therefore, which shall
contain the reason for the classification of the change as a
Major Use Change, as described in Section 8.216.H.5.b,
and the resulting impacts from the Major Use Change on
the development.
(b)
Public Hearing. Upon receipt and verification of the
completion of the application by the Planning Director, the
Planning Director shall forward the application to the
Planning Commission. The Planning Commission shall
issue a notice of public hearing by posting the affected site
in a conspicuous place at least fifteen (15) days prior to
the hearing date. A record of information and materials
presented at the public hearing shall be kept and
maintained by the Planning Commission as part of the
applicant’s permanent record.
(c)
Findings and Recommendations.
The Planning
Commission shall make its findings on the Major Use
Change based on the information set forth in the
application and the approval criteria set forth in Section
8.216.H.5.b, and submit recommendations to the
Metropolitan Council prior to noon on the Wednesday
following the hearing date. The Planning Commission shall
forward a copy of their findings and recommendations to
the applicant.
Chapter 8 – Zoning Districts
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(d)
2.
3.
Adoption of Major Use Change. The Metropolitan Council
shall adopt or reject the proposed Major Use Change at
the next scheduled zoning meeting from receipt of the
recommendations from the Planning Commission. The
Metropolitan Council shall submit reasons for its decision
to the applicant.
Major Site Changes.
(a)
Application for Major Site Changes. The owner(s) of record
of the property shall file an application with the Planning
Director, upon a form prescribed therefore, which shall
contain the reason for the classification of the change as a
Major Site Change, as described in Section 8.216.H.5.c,
and the resulting impacts from the Major Site Change on
the Development.
(b)
Public Hearing. Upon receipt and verification of the
completion of the application by the Planning Director, the
Planning Director shall forward the application to the
Planning Commission. The Planning Commission shall
issue a notice of public hearing by posting the affected site
in a conspicuous place at least fifteen (15) days prior to
the hearing date. A record of information and materials
presented at the public hearing shall be kept and
maintained by the Planning Commission as part of the
applicant’s permanent record.
(c)
Findings
and
Recommendations.
The
Planning
Commission shall make its findings on the Major Site
Change based on the information set forth in the
application and the approval criteria set forth in Section
8.216.H.5.c. The Planning Commission shall forward a
copy of its findings and recommendations to the applicant.
(d)
Appeal. The applicant may appeal the decision by the
Planning Commission pursuant to Section 8.216.Q herein.
Minor Changes.
(a)
Application. The owner(s) of record of the property shall
file an application with the Planning Director, upon a form
prescribed therefore, which shall contain the reason for
the classification of the change as a Minor Change, as
described in Section 8.216.H.5.d, and the resulting
immaterial impacts from the change on the development,
if any.
(b)
Findings and Recommendations.
Upon receipt and
verification of the completion of the application by the
Planning Director, the Planning Director shall make its
findings based on the information set forth in the
application and the approval criteria set forth in Section
8.216.H.5.d, and notify the applicant of its decision. If the
Planning Director or the Planning Director’s designee
Chapter 8 – Zoning Districts
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determines the change to be a Minor Change, and the
decision rendered is a denial, the Planning Director’s
decision may be appealed to the Planning Commission by
the applicant.
4.
g.
6.
Appeal of Classification as Major Use Change or Major Site
Change. If the Planning Director or the Planning Director’s
designee determines the change to be a Major Use Change or a
Major Site Change, the applicant may appeal the decision by the
Planning Director to the Planning Commission.
Subdivision of Land. If the PUD Zoning District involves the Subdivision
of land as defined in the Unified Development Code, the applicant shall
submit all required land division documents in accordance with the
requirements of the Unified Development Code. If there is a conflict
between the design standards of the Unified Development Code and the
design guidelines of this ordinance, the provisions of this ordinance shall
apply. It being understood that the size and configuration of Lots within
a PUD Zoning District may otherwise be disallowed under the Unified
Development Code, but encouraged and permitted within a PUD Zoning
District.
Maintaining a Final Development Plan.
a.
Construction. Construction may take place only within such portion(s)
of a Planned Unit Development for which a current Final Development
Plan is in effect.
b.
Development Schedule. The development schedule shall contain the
following information:
c.
1.
The order of construction of the proposed stages delineated in the
Final Development Plan.
2.
The proposed date for the beginning of construction of each stage.
3.
The proposed date for the completion of construction of each
stage.
4.
The proposed schedule for the construction and improvement of
common area within each stage including any accessory
buildings.
Enforcement of the Development Schedule.
The construction and
provision of all common open spaces and public facilities and
infrastructure which are shown on the Final Development Plan must
proceed at no slower a rate than the construction of dwelling units or
other structures of a commercial nature. The Planning Commission may,
at any time, compare the actual development accomplished with the
approved development schedule. If the Planning Commission finds that
the rate of construction of dwelling units or other commercial Structures
is substantially greater than the rate at which common open spaces and
public facilities and infrastructure have been constructed and provided,
then either or both of the following actions may be taken:
Chapter 8 – Zoning Districts
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1.
The Planning Commission shall cease to approve any additional
Final Development Plans for subsequent phases; and/or
2.
The Building Official shall discontinue issuance of building
permits.
In any instance where the above actions are taken, the Planning
Commission shall gain assurance that the relationship between
the construction of dwellings or other structures of a commercial
nature and the provision of common open spaces and public
facilities and infrastructure are brought into adequate balance
prior to the continuance of construction.
d.
Permits. No building permit for a structure other than a temporary
contractor’s office or temporary storage building shall be issued for a lot
or parcel within an approved Planned Unit Development prior to a
determination by the Fire Marshal or designee that adequate fire
protection and access for construction needs exists. No occupancy
permit for a structure other than a temporary contractor’s office or other
approved temporary building shall be issued for a structure on a lot or
parcel within an approved Planned Unit Development prior to final
inspection and approval of all required improvements which will serve
such lot or parcel to the satisfaction of the Director of the Department of
Public Works and the Building Official.
7.
Expiration and Lapse of Final Development Plans. Final Development Plan
approval shall expire three (3) years from the date of Planning Commission
approval of a Final Development Plan. The applicant may request an extension
from the Planning Commission for not more than one (1) year if the project is
not complete after three (3) years.
8.
The Approved Final Development Plan. Development restrictions and/or
conditions, as required by the Planning Commission and/or Metropolitan
Council, shall be recorded by the applicant with the Clerk of Court of East Baton
Rouge Parish within fifteen (15) days of the date of the final approval of the
Concept Plan and/or the Final Development Plan by the Planning Commission
and/or Metropolitan Council, as the case may be. Certified copies of these
documents shall also be filed with the Office of the Planning Commission. The
applicant shall record development restrictions and other required documents,
which pertain to a subdivision within the approved Final Development Plan, with
the Clerk of Court of East Baton Rouge Parish within fifteen (15) days of the
signing of the final plat, as provided in this Section 8.216.H.8.
9.
Filing and Distribution of Final Development Plan Final Plat. The applicant shall
have the appropriate number of copies of the approved final plat recorded as
listed in Appendix L. The subdivider shall furnish the Director of the Planning
Commission with the appropriate number of copies of the final plat to be
distributed as listed in Appendix L within fifteen (15) days of approval.
10.
Violations. Any person, firm, or corporation violating any provision of this
ordinance, upon conviction, shall be punished for each separate offense
committed after the initial thirty (30) day abatement period by a fine not
exceeding five hundred (500) dollars. Each day during which the violation is
committed, continued, or permitted shall constitute a separate offense. Any
continued failure, refusal or neglect to comply with the requirements of this
Chapter 8 – Zoning Districts
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section shall be prima facie evidence of the fact that a public nuisance has been
committed in connection with the erection, construction, enlargement,
alteration, repair, movement, improvement, or conversion of a lighting structure
erected, constructed, enlarged, altered, repaired, moved, improved, or converted
contrary to the provisions of this ordinance.
I.
11.
Appeal.
Notwithstanding any other provision of this ordinance at the
Metropolitan Council meeting following the decision of the Planning
Commission, any member of the Metropolitan Council may introduce an appeal
of the decision of the Planning Commission; failure to appeal will make the
Planning Commission decision final. If the Metropolitan Council introduces the
appeal of the Final Development Plan, the item shall be heard at the next
regularly scheduled Metropolitan Council Zoning Meeting. Failure to introduce
the Final Development Plan will make the Planning Commission decision final.
The Metropolitan Council shall grant or deny the appeal with a majority vote,
and the Metropolitan Council’s decision shall be final.
12.
If the applicant fails to timely submit a Final Development Plan for a portion of
the property, the PUD Zoning District designation shall remain, but the PUD
Concept Plan must be resubmitted, reviewed, and approved by the Planning
Commission Staff for a three (3) year extension. If the applicant fails to timely
submit a Final Development Plan for a portion of the property three (3) years
from the date of the extension approval, the PUD Zoning District designation
shall remain, but the applicant must resubmit the PUD Concept Plan for full
Planning Commission review and approval. No permits for development shall be
issued unless or until a new PUD Concept Plan is reviewed and approved
pursuant to Section 8.216.H.3.a.
Small Planned Unit Development (SPUD)
1.
Review and Approval Procedures:
SPUD Approval Process. The SPUD approval process shall consist of the
following two (2) components:
a.
Approval of the SPUD Development Plan and SPUD Zoning District
classification, which may include a Preliminary Plat, by the Planning
Commission and Metropolitan Council; and
b.
Approval of a Final Plat, if land is being subdivided, by the Planning
Commission Staff.
2.
SPUD Development Plan:
The SPUD Development Plan shall contain all information required in the
Development Plan Checklist.
3.
Procedures for SPUD Development Plan approval:
The SPUD Development Plan shall follow the procedures for approval of planning
items before the Planning Commission and zoning cases before the Metropolitan
Council.
4.
Approval of SPUD Development Plan:
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If approved by the Metropolitan Council, the SPUD Development Plan and all
other information and material formally submitted with the application shall be
adopted as an amendment to this Unified Development Code and shall become
the standards of development for that SPUD Zoning District.
All future
development shall conform to the standards adopted for that SPUD Zoning
District regardless of changes in ownership.
5.
Establishing SPUD Zoning District:
Status of land. Upon approval of the SPUD Development Plan, the property
shall be designated as a SPUD Zoning District on the official zoning map.
6.
Time Limits/Expiration of the SPUD Development Plan:
SPUD Development Plan approval shall expire three (3) years from the date of
the Metropolitan Council SPUD Zoning District approval, unless, during that
three (3) year period a construction permit is obtained and construction of
infrastructure improvements has commenced. If no infrastructure improvements
are permitted and constructed within three (3) years, the SPUD Zoning District
designation shall remain, but the SPUD Development Plan must be resubmitted,
reviewed, and approved by the Planning Commission Staff for a three (3) year
extension. If no permit is obtained and infrastructure improvement construction
has not commenced for three (3) years from the date of the extension approval,
the SPUD Zoning District designation shall remain, but the applicant must
resubmit the SPUD Development Plan for full Planning Commission review and
approval.
7.
Changes to an Approved SPUD Development Plan.
a.
Types of Changes. There are three (3) types of changes: Major Use
Change, Major Site Change, and Minor Change. A Major Use
Change and a Major Site Change are collectively referred to herein
as a “Major Change”.
b.
Major Use Change. A major Use change (“Major Use Change”) is
one that will have significant impacts on the approved Uses within
the SPUD, or on the site surrounding the SPUD. Major Use
Changes include, but are not limited to:
1.
An increase in the Development site area
ten (10%) percent;
2.
An increase in Density of any permitted land Use,
including the number of housing units, by more than ten
(10%) percent;
3.
In residential areas, a change in the mix of Single-Dwelling
and Multi-Dwelling Structures by more than ten (10%)
percent;
4.
An increase in the amount of land in nonresidential Uses
by more than ten (10%) percent;
5.
Involve any land Use not specified on the approved SPUD
Development Plan or the list of permitted Uses;
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c.
d.
6.
Substantial and material reduction in the
proffered by the applicant; and/or
amenities
7.
Material changes in the permitted land Use authorized in
the SPUD Development Plan which in the opinion of the
Planning Director will have a material adverse change with
the SPUD or on the site surrounding the SPUD.
Major Site Change. A major site change (“Major Site Change”) is a
major change (other than a Major Use Change) that will have
significant impact on the site and layout of the Development in
the SPUD which is not a Major Use Change, or on the site
surrounding. The Major Site Changes include, but are not limited
to:
1.
Changes that vary the individual Lot Area requirement as
submitted in the SPUD Development Plan by more than
ten (10) percent;
2.
Changes in non-residential Floor Areas by more than ten
(10) percent of the total Floor Area within a component of
the SPUD;
3.
Deleting or changing the
Servitudes or Easements;
4.
Changes to Driveways, common parking areas, circulation
patterns, and Access to the SPUD;
5.
Changes in the allocation of prescribed land Uses such
that it would result in an increase in the number of vehicle
trips generated in excess of ten (10) percent;
6.
Material changes in the approved overall
layout of the
site plan and/or matters related to onsite and/or offsite
infrastructure requirements authorized in the SPUD
Development Plan which in the opinion of the Planning
Director will have a material adverse change with the
SPUD or on the site surrounding the SPUD.
purpose
of
Flood
hazard
Minor Change. A minor change (“Minor Change”) is a change
that will not alter the basic design and character of the SPUD,
nor any specified conditions imposed as part of the original
approval. Minor changes include, but are not limited to:
1.
Changes in location of a Mixed Residential Area, a civic
area, green area, Common Open Space, or other
designated areas, if the Planning Director determines
that (a) the basic layout of the SPUD Development Plan
remains the same, and (b) the SPUD Development Plan
functions as well as before the revision;
2.
Changes in size of a Neighborhood Center Area, a Mixed
Residential Area, a Neighborhood Edge Area, a civic area,
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green area, Common Open Space or other designated
areas, if the size is increased or decreased by not more
than ten (10%) percent, and the Planning Director
determines that (a) the basic layout of the SPUD
Development Plan remains the same, and (b) the SPUD
Development Plan functions as well as before the revision;
3.
Changes in the location of a commercial Use in a Mixed
Residential Area, if the Planning Director determines that
the revised location is appropriate;
4.
Change in the location or size of a Common Open Space, if
the overall amount of Common Open Space acreage does
not decrease by more than ten (10%) percent, and the
Planning Director determines that the quality and
functionality of the revised Common Open Space is the
same or better. The Planning Director may not approve a
revision that includes the deletion of a Common Open
Space within 500 feet of an area that is part of a final plat
in a Mixed Residential Area;
5.
Change in the location or description of a major private
open space improvement, if the
Planning
Director
determines that the revised improvement is as beneficial to
the residents as the previous improvement;
6.
Change in the location or type of a Drainage or water
quality control, if the Planning Director determines that (a)
the basic layout of the SPUD Zoning District remains the
same, and (b) the revised location or type of control
functions as well as the previous location or type of
control, provided that there are no objections from the
Department of Public Works;
7.
Change in the location of a 100-year floodplain, if the
Planning Director determines that revision more accurately
describes the location of the floodplain, provided that there
are no objections from the Department of Public Works;
8.
Change in the locations of major utility facilities and
Easements, if the Planning Director determines that the
revised locations are more appropriate or functional,
provided that there are no objections from the Department
of Public Works;
9.
Change in a preliminary architectural standard, if the
Planning Director determines that the revised standard is
consistent with the architectural character of the SPUD
Zoning District;
10.
Reduction of the size of any Building;
11.
Movement of Buildings and/or Signs by no more than ten
(10’) feet, but in no event in required Buffers and/or
setbacks;
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12.
Landscaping approved in the SPUD Development
Plan
that is replaced by similar landscaping to an equal or
greater extent, provided that there are no objections from
the Department of Public Works;
13.
Changes in non-residential floor plans, of up
to
ten
(10%) percent of the total Floor Area, which do not alter
the character of the Use or increase the amount of
required parking;
14.
Internal rearrangement of a parking Lot that does not
affect the number of parking spaces
or
alter
Access
locations or design;
15.
Changes required or requested by the Parish and other
State or Federal authorities in order to conform to other
laws or regulations;
16.
On balance, compared to the approved SPUD Development
Plan, the change will equally or better meet the purposes
and approval criteria set forth in Sections 8.216.A and
8.216.B above in the opinion of the Planning Director;
and/or
17.
Any adverse impacts caused by the change are
to the satisfaction of the Planning Director.
mitigated
e.
Permitted Uses. Any changes to the permitted Uses within the
SPUD Zoning District must be approved by the Council.
f.
Review Procedures. Requests for changes to an approved SPUD
Development Plan are processed as follows:
1.
Major Use Changes.
(a)
Application for Major Use Changes. The Owner(s)
of record of the property shall file an application
with the Planning Director, on a form prescribed
therefore, which shall contain the reason for the
classification of the change as a Major Use Change,
as described in Section 8.216.I.7.b and the
resulting impacts from the Major Use Change on
the Development.
(b)
Public Hearing. Upon receipt and verification of the
completion of the application by the Planning
Director, the Planning Director will forward the
application to the Planning Commission. The
Planning Commission shall issue a notice of public
hearing by posting the notice of public hearing on
the affected site in a conspicuous place at least
fifteen (15) days prior to the hearing. A record of
information and materials presented at the public
hearing shall be kept and maintained by the
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Planning Commission as part of the applicant’s
permanent record.
2.
(c)
Findings and Recommendations. The Planning
Commission shall make their findings on the Major
Use Change based on the information set forth in
the application and the approval criteria set forth
in
Section
8.216.I.7.b
and
submit
recommendations to the Metropolitan Council prior
to Noon on the Wednesday following the hearing
date. The Planning Commission shall forward a
copy of their findings and recommendations to the
applicant.
(d)
Adoption of Major Use Change. The Metropolitan
Council shall adopt or reject the proposed Major
Use Change at the next scheduled zoning meeting
from receipt of the recommendations from the
Planning Commission. The Metropolitan Council
shall submit reasons for its decision to the
applicant.
Major Site Changes.
(a)
Application for Major Site Changes. The Owner(s)
of record of the property shall file an application for
major site change with the Planning Director, on a
form prescribed therefore, which shall contain the
reason for the classification of the change as a
Major Site Change, as described in Section
8.216.I.7.c and the resulting impacts
from
the
Major Site Change on SPUD Development Plan.
(b)
Public Hearing. Upon receipt and verification of the
completion of the application by the Planning
Director, the Planning Director shall forward the
application to the Planning Commission. The
Planning Commission shall issue a notice of public
hearing by posting the notice of the application for
a major site change on the affected site in a
conspicuous place at least fifteen (15) days prior
to the hearing. A record of information and
materials presented at the public hearing shall be
kept and maintained by the Planning Commission
as part of the applicant’s permanent record.
(c)
Findings and Recommendations. The Planning
Commission shall make its findings
on
the
application for Major Site Change based on the
information set forth in the application and the
approval criteria set forth in Section
8.216.I.7.c.
The Planning Commission shall forward a copy of
its findings and recommendations to the applicant.
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3.
4.
g.
8.
Minor Changes.
(a)
Application. The Owner(s) of record of the property
shall file an
application for a minor site change
with the Planning Director, on a form prescribed
therefore, which shall
contain a statement of
the reason for the classification of the change as a
Minor Change, as described in Section 8.216.I.7.d,
and
the
immaterial
(irrelevant)
impacts
contemplated or a result of the change on the
SPUD Development Plan, if any.
(b)
Findings and Recommendations. Upon receipt and
verification of the completion of the application by
the Planning Director, the Planning Director shall
make finding based on the information set forth in
the application and the approval criteria set forth
in Section 8.216.I.7.d, and notify the applicant of
the decision. If the Planning Director determines
the change to be a Minor Change, the Planning
Director’s decision shall be final and no Appeal
shall be available.
Appeal of Classification as Major Use Change or Major Site
Change. If the Planning Director determines the change to
be a Major Use Change or a Major Site Change, the
applicant may appeal the decision by the Planning Director
to the Planning Commission.
Subdivision of Land. If the SPUD Zoning District involves the
Subdivision of land as defined in the Unified Development Code,
the applicant shall submit all required land division documents in
accordance with the requirements of the Unified Development
Code. If there is a conflict between the design standards of the
Unified Development Code and the design guidelines of this
ordinance, the provisions of this ordinance shall apply. It being
understood that the size and configuration of Lots within a SPUD
Zoning District may otherwise be disallowed under the
Unified
Development Code, but encouraged and
permitted within a
SPUD Zoning District.
Recordation of SPUD Development Plan, development restrictions, and other
required documents. The approved Development Plan’s development restrictions
or conditions required by the Planning Commission and/or Metropolitan
Council shall be recorded by the applicant with the Clerk of Court of East Baton
Rouge Parish within fifteen (15) days of the date of approval by the Council and
shall also file certified copies of these documents with the Office of the Planning
Commission.
Filing and distribution of SPUD Development Plan. The subdivider shall provide
the total number of prints as required by Appendix L of the approved SPUD
Development Plan to be distributed as required by the Planning Commission
staff within fifteen (15) day of approval.
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9.
Violations:
Any violation of the Development Plan or any other phase or plan adopted as
part of the amendment to the Unified Development Code shall constitute a
violation of the Unified Development Code.
J.
Infill Small Planned Unit Development (ISPUD)
1.
2.
ISPUD Review and Approval Process. The ISPUD approval process shall consist
of the following two (2) components.
a.
Approval of the Development Plan, which may include a Preliminary Plat,
by the Planning Commission and Metropolitan Council for the entire
ISPUD; and
b.
Approval of a Final Plat, if land is being subdivided, by the Planning
Commission Staff.
Development Plan:
The Development Plan shall contain all information required in the ISPUD
Development Plan Checklist.
3.
Procedures for ISPUD Development Plan approval:
The Development Plan shall follow the procedures for approval of planning items
before the Planning Commission and zoning cases before the Metropolitan
Council.
4.
Approval of ISPUD Development Plan:
If approved by the Metropolitan Council, the Development Plan and all other
information and material formally submitted with the application shall be
adopted as an amendment to this Unified Development Code and shall become
the standards of development for the ISPUD. All future development shall
conform to the standards adopted for the ISPUD regardless of changes in
ownership.
5.
Establishing ISPUD district:
a. Status of land. Upon approval of the Development Plan, the property
shall be designated ISPUD on the official zoning map.
b. Changes to an Approved ISPUD Development Plan.
1.
Types of Changes. Changes to approved ISPUD Development
Plans shall be classified as administrative, minor or major.
2.
Administrative change. Any change that will not alter the basic
design and character of the ISPUD, nor any specified conditions
imposed as part of the original approval shall be considered an
administrative change and may be approved by the Planning
Director. Administrative changes shall be limited to:
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a.
Changes in location of any areas designated on the
approved ISPUD Development Plan, if the Planning Director
determines that: 1) the basic layout of the plan remains the
same, and 2) the ISPUD Development Plan functions as
well as before the revision;
b.
Changes in the locations of major utility facilities and
servitudes, provided that: 1) the Planning Director
determines that the revised locations are more appropriate
or functional, and 2) there are no objections from the
Department of Public Works;
c.
Reduction in the size of any building;
d.
Movement of buildings and/or signs by no more than ten
(10) feet, but in no event into required buffers and/or
setbacks;
e.
Modifications to Landscaping approved in the ISPUD
Development Plan provided that: 1) the revised landscape
materials are similar to the originally approved materials
and will provide a buffering effect equal to or greater than
that originally approved, and 2) there are no objections
from the Department of Public Works;
f.
Internal rearrangement of a parking lot that does not affect
the number of parking spaces or alter access locations by
more than fifty (50) feet or their design on ISPUD
Development Plans over one (1) acre, or that alter access
locations by more than twenty (20) feet or their design on
ISPUD Development Plans one (1) acre or less;
g.
Changes required by the Parish and other State or Federal
authorities in order to conform to other laws or regulations;
Prior to approving any administrative change, the Planning Director
shall document in writing that, on balance, compared to the
approved ISPUD Development Plan, the change will meet or exceed
the purposes and approval criteria set forth in Sections 8.216.A and
8.216.B above in the opinion of the Planning Director and that any
adverse impacts caused by the change have been mitigated.
3. Minor change. A minor change shall be any change not defined as
an administrative change above or as a major change below. All
minor changes shall require a public hearing and action by
Planning Commission.
4. Major change. A major change shall require approval through the
same process as was used in the approval of
the
original
ISPUD, including a public hearing by the Planning Commission
and action by the Metropolitan Council. Major Changes shall
include the following:
a.
Any increase in density of proposed uses;
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6.
b.
Any change in location of approved uses which
does
not meet the criteria listed above for an administrative
change.
c.
Any use not previously shown on an approved ISPUD
Development Plan.
Time Limits/Expiration of the ISPUD Development Plan:
ISPUD Development Plan approval shall expire three (3) years from the date of
the Metropolitan Council approval, unless, during that three (3) year period a
construction permit is obtained. If no construction occurs within three (3) years,
the property shall remain in the ISPUD district, however, no permits for
development will be issued unless or until a new ISPUD Development Plan is
reviewed and approved pursuant to Section 8.216.J.3. The Planning Commission
will consider extending the approval for an additional six (6) months, not to
exceed a maximum period of twelve (12) months, upon receiving a written request
from the developer.
If a construction permit is obtained, ISPUD approval shall remain in force for
three (3) years following the issuance of such construction permit, provided that
construction is not stopped for a period of six (6) months, in which case the
ISPUD shall expire at the end of the original expiration period. In the event that
an ISPUD Development Plan expires, no additional construction permits shall be
issued until a new ISPUD application has been filed and approved in accordance
with the requirements for the ordinance.
7.
Recordation of ISPUD Development Plan, Development Restrictions, and other
required documents. The approved Development Plan's development restrictions
or conditions required by the Planning Commission and/or Metropolitan Council
shall be recorded by the applicant with the Clerk of Court of East Baton Rouge
Parish within fifteen (15) days of the date of approval by the Council and shall
also file certified copies of these documents with the Office of the Planning
Commission.
Filing and distribution of ISPUD Development Plan: The applicant shall make
and distribute copies of the Development Plan within the guidelines stated in
Appendix L.
8.
Violations:
Any violation of the Development Plan or any other phase or plan adopted as
part of the amendment to the Unified Development Code shall constitute a
violation of the Unified Development Code.
Section 8.217
A.
Traditional Neighborhood Development
Purpose. The purpose of a Traditional Neighborhood Development Zoning District
(“TND Zoning District”) is to encourage mixed-Use, compact Development and facilitate
the efficient use of services. A TND Zoning District diversifies and integrates land Uses
within close proximity to each other, and it provides for the daily recreational and
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commercial needs of the residents. A TND Zoning District is a sustainable, long-term
community that provides economic opportunity and environmental and social equity for
the residents. This ordinance’s intent is to encourage its use by providing incentives,
rather than prohibiting conventional Development. A Traditional Neighborhood
Development (TND):
B.
1.
Is designed for the human scale;
2.
Provides a mix of Uses, including residential, commercial, civic, and open space
Uses in close proximity to one another within the neighborhood;
3.
Provides a variety of housing types, and sizes to accommodate households of all
ages, sizes, and incomes;
4.
Coordinates transportation systems with a hierarchy of appropriately designed
improvements for pedestrians, bicycles, and vehicles, which incorporates a
system of relatively narrow, interconnected Streets, Roads, Drives, and other
Thoroughfare Types, and provides for the connections of those Thoroughfare
Types to existing and future Developments;
5.
Includes compatibility of Buildings and other improvements as determined by
their arrangement, massing, form, character and landscaping to establish a
livable, harmonious and diverse environment;
6.
Incorporates environmental features into the design;
7.
Provides a range of Open Space configured by squares, plazas, greens,
landscaped Streets, preserves, greenbelts and parks woven into the pattern of
the neighborhood;
8.
Incorporates architecture, landscape, lighting and signage standards integrated
with the zoning provisions that respond to the unique character of the region;
and
9.
Provides an increased range of options than are allowed by conventional zoning.
Overview
1.
A TND Zoning District consists of an area of not less than 50 contiguous Acres.
In this Article, property is considered contiguous even if separated by a public
roadway.
2.
A TND Zoning District is divided into at least two types of areas, and each type
of area has different land Use and site Development regulations. A TND Zoning
District must have one Neighborhood Center Area (also sometimes referred to as
Town Center or Village Center) and at least one Mixed Residential Area. A TND
Zoning District may also have a Neighborhood Edge Area, Civic Spaces and
Green Spaces.
3.
A “Neighborhood Center Area” serves as the focal point of a TND Zoning District,
containing retail, commercial, civic, and/or public services to meet the daily
needs of community residents. A “Neighborhood Center” is pedestrian-oriented,
and it is designed to encourage pedestrian movement. A square may be located
in a Neighborhood Center Area. Retail and commercial Uses should generally be
located adjacent to a square. The Neighborhood Center Uses include retail
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shops, restaurants, offices, banks, hotels, post office, governmental offices,
churches, community centers, and attached residential Dwellings.
4.
A “Mixed Residential Area” includes a variety of residential land Uses, including
single-family residential, duplex, Townhome, and multi-family. Residential scale
retail and commercial Uses are permitted within a Mixed Residential Area with
strict architectural and land Use controls. Retail and commercial Uses in a
Mixed Residential Area are required to blend into the residential character of the
neighborhood. A Mixed Residential Area includes open spaces including small
squares, pocket parks, community parks, and/or greenbelts. A Mixed
Residential Area promotes pedestrian activity through well-designed and varied
streetscapes that also provide for the safe and efficient movement of both
pedestrian and vehicular traffic. Mixed Residential Area Uses include singlefamily homes, condominiums, Townhomes, apartments, offices, restaurants,
neighborhood scale retail, and civic Uses. Mixed Residential areas often utilize
Alleys either public or private. Varying Lot sizes are encouraged within the
Mixed Residential Area.
5.
“Neighborhood Edge Area” is the least dense portion of a TND Zoning District,
with larger Lots and greater setbacks than the rest of the neighborhood. Alleys
are not required, and direct vehicular Access to Streets is permitted. Only singlefamily residential Dwellings are permitted. A Neighborhood Edge Area is
appropriate along the perimeter of the neighborhood. A portion of a TND Zoning
District that adjoins existing or platted conventional low Density housing must
be designated as a Neighborhood Edge Area.
6.
Large office, low-impact manufacturing Uses and industrial Uses that are not
appropriate for a Neighborhood Center Area or a Mixed Residential Area but
which serve the local residents may be located in a specified district.
7.
Civic Uses that are oriented to the general public are permitted in a
Neighborhood Center Area and a Mixed Residential Area. These Uses are
essential components of the social and physical fabric of a TND Zoning District.
Civic space shall be integrated in residential and commercial areas in the TND.
TND’s shall incorporate civic Common Open Spaces to be maintained by the
municipality and/or private open spaces to be maintained by the community or
landowners within the TND. Special attention should be paid to the location of
government offices, libraries, museums, schools, churches, and other prominent
public Buildings to create focal points and landmarks for the community. The
locations of these major public civic Uses are designated on the Concept Plan at
the time of Planning Commission approval of a particular Development.
8.
Open space is a significant part of a TND Zoning District design. Formal and/or
informal open spaces are required. These serve as areas for community
gatherings, landmarks, and as organizing elements for the neighborhood. Open
space includes squares, plazas, greens, preserves, parks, and greenbelts.
9.
TND Zoning District is designed to be pedestrian oriented. To accomplish this
goal, pattern and design of the various Thoroughfare Types are used to reduce
vehicle travel speeds and encourage pedestrian activity. An interconnected and
diverse network of Streets, and other Thoroughfare Types, is required. Streets
may be smaller than in conventional Development and more varied in size and
form to control traffic and give character to the neighborhood.
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10.
C.
Throughfares and utilities in TND Zoning Districts shall connect to existing
Thoroughfares and utilities, or dead-end as stubs intended for connection to
future Thoroughfares, unless otherwise prohibited by topography, environmental
constraints or other considerations.
TND Zoning District Design Requirements
1.
Association.
a.
Conditions, covenants, and restrictions for all the property within a TND
Zoning District must be filed in the Parish records by the Owner before a
Lot is sold and/or a Building permit is issued.
b.
In addition to other terms and conditions acceptable to the applicant, the
conditions, covenants, and restrictions must create one (1) or more
property owners Association with mandatory membership for each
property Owner, governed by Articles of Incorporation and Bylaws, which
shall:
1.
be organized by the applicant and operated with a financial
subsidy from the applicant before the sale of any Lots within the
TND Zoning District;
2.
provide for the conditions and timing of transferring control of the
Association from the applicant to the property Owners;
3.
be responsible for maintenance of insurance and taxes on all
Common Open Space, enforceable by liens placed on the
Association by the Parish, as provided in the Association Bylaws;
4.
at all times, cause all Owners to have Access to the Common
Open Space within the TND Zoning District;
5.
establish architectural standards that are in conformity with the
requirements of this ordinance which shall be subject to review
and approval by the Board of Directors of the Association or the
Architectural Control Committee, as described below;
6.
create an Architectural Control Committee to review Development
for compliance with the design standards, to issue certificates of
approval, and to review and approve the Development’s architect,
designer, and/or other professionals contributing to the
Development;
7.
provide for the ownership, Development, management, and
maintenance of private open space (except plazas owned by
individual property Owners), community parking facilities,
community meeting hall, and other common areas;
8.
provide for a maintenance program for all property within the
TND, including landscaping and Trees within the streetscape;
9.
require the collection of assessments from members in an amount
sufficient to pay for its functions; and
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10.
be effective for a term of not less than fifty (50) years.
2.
Land Use Allocations. Each Lot within a TND Zoning District must be allocated
particular permitted land Use categories. The identification of permitted land
Uses within all or a portion of a TND Zoning District may be made by reference
to other zoning districts available within the Unified Development Code. Areas
which would permit the sale or consumption of alcohol must be approved for an
alcohol license by the Alcoholic Beverage Control Board; provided, however, in
the event of a conflict between the proximity and/or distance requirements of
the Parish's Wine, Beer & Liquor ordinance for establishments licensed or
seeking a license to sell or serve alcoholic beverages and the establishments and
facilities defined in La. R.S. 26:81(C)(1) and this Ordinance, this Ordinance shall
prevail.
3.
Neighborhood Uses. In order to achieve the proximity necessary to make
neighborhoods walkable, it is important to mix land Uses throughout the TND
Zoning District and not to separate Uses. A TND Zoning District shall consist of
a mix of residential Uses, a mixed Use area, and open space as provided below:
a.
b.
A mix of residential Uses For new construction or infill Development, the
mix of residential Uses may be satisfied by existing residential Uses
adjacent to the TND Zoning District by including some and/or all of the
following:
1.
Single-family detached Dwellings;
2.
Single-family
attached
Townhomes, row houses;
3.
Multi-family Dwellings, including senior housing; (d) Secondary
Dwelling Units;
4.
“Special needs” housing, such as community living arrangements
and assisted living facilities;
5.
Residential units above commercial Uses, which shall be
considered Multi-Family Units.
Dwellings,
including
duplexes,
Mixed Use area, of commercial, residential, civic or institutional, and
open space Uses as identified below. All residents’ residences shall be
within approximately ¼ mile distance from existing or proposed
commercial, civic, and or open space areas.
1.
Commercial Uses may include the following:
(a)
Food services (including without limitation, neighborhood
grocery stores; butcher shops; bakeries; restaurants
(including the sale and consumption of alcohol), not
including
drive-throughs;
cafes;
coffee
shops;
neighborhood taverns, bars or pubs); delis, ice cream
parlors, specialty foods, and/or outside dining patios and
areas;
(b)
Retail Uses (including without limitation, retail sales,
florists or nurseries; gas stations, hardware stores;
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stationery stores; book stores; galleries, studios and shops
of artists and artisans, drug stores, apparel, antiques,
furniture, music, pets, farmers market, and toys);
2.
3.
4.
(c)
Services (including without limitation, child care centers;
music, dance or exercise studios; offices, including
professional and medical offices; financial and banks;
medical clinics, barber; laundromats; educational, hair
salon; dry cleaning, health or fitness, dry cleaners, tailor
shops, repair and service shops, and postal);
(d)
Accommodations (bed and
small hotels or inns); and
(e)
Clubs
and
organizations.
breakfast
organizations,
establishments,
including
fraternal
Residential Uses may include the following, for sale or rent:
(a)
Single-family attached Dwellings, including duplexes,
Townhomes, row houses;
(b)
Multi-family Dwellings, including senior housing;
(c)
Residential units located on upper floors
commercial Uses or to the rear of storefronts;
(d)
Live/Work Units that combine a residence and the
resident’s workplace; and
(e)
“Special needs” housing, such as community living
arrangements and assisted living facilities.
above
Civic or institutional Uses may include the following:
(a)
Municipal offices, fire stations, libraries,
community meeting facilities, and post offices;
(b)
Places of worship;
(c)
Transit shelters;
(d)
Philanthropic institutions; and
(e)
Educational facilities.
museums,
Office which may include the following:
(a)
Art galleries and studios;
(b)
Banks;
(c)
Child care centers;
(d)
Clubs;
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5.
c.
4.
(e)
Offices; and
(f)
Medical clinics.
Open space Uses may include the following:
(a)
Central square;
(b)
Neighborhood parks;
(c)
Recreational facilities; and
(d)
Playgrounds.
Open space. Uses identified below should be incorporated in the TND
Zoning District as appropriate. Large outdoor recreation areas (such as
playgrounds and fields, not large neighborhood centers) should be
located at the periphery of neighborhoods rather than central locations.
Common Open Space is more particularly described in Section
8.217.C.3.c below.
1.
Environmental corridors dedicated for preservation;
2.
Protected natural areas dedicated for preservation;
3.
Community parks;
4.
Streams, ponds, and other water bodies.
Development Units. The number of residential Dwelling units and the amount of
nonresidential Development, excluding open spaces, shall be determined as
follows, provided that single-family detached Dwellings shall account for at least
fifty (50) percent of the total number of residential units in the TND, and twofamily units, Townhomes, and Multi-Family Units shall comprise less than fifty
(50) percent of the units:
a.
b.
In areas devoted to mixed residential Uses:
1.
The number of single-family attached and detached units
permitted shall be 5 – 8+ Dwelling units per Net Acre;
2.
The number of Multi-Family units shall be 8 - 40 Dwelling units
per Net Acre.
3.
Secondary Dwelling Units shall be permissible in addition to the
number of dwelling units authorized under this Section. However,
the total number of Secondary Dwelling Units shall not be more
than twenty (20) percent of the total number of Single-Family
attached and detached units.
In mixed-Use areas:
1.
The number of Single-Family and Multi-Family Dwelling units
permitted shall be calculated the same as above plus an
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additional number of units not to exceed ten (10) percent of the
amount permitted above.
5.
2.
All Dwelling units constructed above commercial Uses shall be
permissible in addition to the number of Dwelling units
authorized under this Section. However, the total number of
Dwelling units shall not be increased by more than 10 Dwelling
units or ten (10) percent, whichever is greater.
3.
The total ground Floor Area of nonresidential Development Uses,
including off-Street parking areas, shall not exceed twenty-five
(25) percent of the TND Zoning District.
Additional Common Open Space Requirements. At least twenty (20) percent of
the gross acreage of the TND Zoning District must be Common Open Space.
Ninety (90) percent of the Lots within the areas devoted to mixed residential uses
shall be within approximately ¼ mile distance from Common Open Space. At
least twenty-five (25) percent of Common Open Space should be dedicated as
parkland.
a.
The following Uses may account for Common Open Space with the stated
limitations:
1.
Parks, open greenbelt areas, and other recreational space which
are readily accessible must account for not less than twenty-five
(25) percent of the Common Open Space.
2.
Trees along Thoroughfare Types located within designated
landscape common areas or landscape Servitude and located
within a Street Right-of-Way may only constitute twenty-five (25)
percent of the Common Open Space. There shall be a minimum
average of one (1) Street Tree on both sides of the Street per forty
(40) feet of frontage. However, Common Open Space within
vehicle Use areas or any noncontiguous green area of less than
five hundred (500) square feet may not be included.
3.
Surface drainage, including surface retention and detention,
should be natural or man-made features which enhance a
particular property and increase its desirability to a community
or its marketability to the public.
(b)
Unpaved lakes, ponds, bayous, streams, or creeks,
including storm water wet detention basins provided that
they are designed so that a minimum of twenty (20)
percent of the Abutting shoreline is made accessible for
the common Use of the Development, but in no event less
than three hundred (300) feet of frontage.
(b)
Storm water dry detention basins of not less than one (1)
Acre; but may not exceed twenty-five (25) percent of the
Common Open Space and must be designed to provide for
acceptable maintenance and upkeep of the detention
basin.
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b.
4.
Golf courses may account for up to fifty (50) percent of the
Common Open Space provided that the course is open to the
public.
5.
Natural Wetlands shall not exceed fifty (50) percent of Common
Open Space plus any Natural Wetlands reasonably visible from
interpretive walkways provided in and through the Wetland.
6.
Hard surface recreation areas such as recreational courts and
pedestrian plazas may account for up to twenty-five (25) of the
Common Open Space.
7.
Servitudes with existing below ground utilities and/or facilities
with a width of not less than thirty (30) feet.
8.
Electrical transmission line Servitudes with a width not to exceed
one-hundred fifty (150) feet in Commercial and Residential areas
only, and must be improved, recreational use areas available to
the public.
9.
School sites, Library sites, outside hard surface Recreational
Area, not to exceed twenty (20) of the Common Open Space,
excluding the area devoted to Buildings.
10.
An existing Building or Buildings that have historical or cultural
significance may be located in a common area space; however,
the enclosed Building area may not be included in the Common
Open Space requirement.
Common Open Space shall not include:
1.
c.
Required
(a)
Yards which are not accessible for the common Use of the
Development;
(b)
Parking areas;
(c)
Drives;
(d)
Utility with above ground
Easements/Servitudes;
(e)
Paved lakes, ponds, bayous, streams, or creeks
improvements
or
Road
2.
Structures (unless a part of the open space such as gazebos);
3.
Required drainage ditches or canals; and
4.
Areas reserved for the exclusive Use and benefit of an individual
tenant or Owner.
No more than twenty (20) percent of the Common Open Space shall be
devoted to paved areas and Structures such as courts or recreation
Buildings.
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6.
7.
d.
Common Open Space shall be permanently set aside for the sole benefit,
Use, and enjoyment of present and future occupants of the Traditional
Neighborhood Development through covenant, deed restriction, open
space Servitude, or similar legal instrument; or, if agreed to by
governmental agency, the open space may be conveyed to a governmental
agency for the Use of the general public.
e.
In the event land shown on a Final Development Plan (as hereinafter
defined) as Common Open Space is dedicated to the Parish, the
Metropolitan Council may, but shall not be required to, accept the open
space provided: (x) such land is accessible to the residents of the Parish;
(y) there is no cost of acquisition other than the costs incidental to the
transfer of ownership; and (z) the Parish agrees to and has Access to
maintain such lands.
f.
Common Open Space shall be protected against Building Development
and environmental damage by conveying to the municipality, parish,
association, or land trust an open space Servitude restricting the area in
perpetuity against any future Building and against the removal of soil,
Trees and other natural features, except as the Planning Commission
determines is consistent with conservation or recreational purposes.
Stormwater Management. The design and Development of the TND Zoning
District should minimize off-site stormwater runoff, promote on-site filtration,
and minimize the discharge of pollutants to ground and surface water. Natural
topography and existing land cover should be maintained/protected to the
maximum extent practicable. New Development and redevelopment shall meet
the following requirements:
a.
Untreated, direct stormwater discharges to wetlands or surface waters
are not allowed.
b.
A Drainage analysis shall be submitted in conformance with the Unified
Development Code regulations.
c.
Erosion and sediment controls must be implemented.
d.
Redevelopment stormwater management systems should improve
existing conditions and meet standards to the extent practicable.
e.
All treatment systems or BMPs must have operation and maintenance
plans to ensure that systems function as designed.
Lot and Block Standards.
a.
Block and Lot size diversity. Thoroughfare layouts should provide for
perimeter Blocks that are generally in the range of two hundred (200) –
four hundred (400) feet deep by four hundred (400) – eight hundred (800)
feet long. Block length shall not exceed two thousand (2,000) feet in
perimeter. The Planning Commission may approve block perimeters of
more than two thousand (2,000) feet if required because of existing
topography. The applicant should consider where and when appropriate,
a block longer than five hundred (500) feet in length may be traversed
near the midpoint by a pedestrian Path. A variety of Lot sizes should be
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provided to facilitate housing diversity and choice and meet the projected
requirements of people with different housing needs.
8.
b.
Lot Widths. Lot Widths should create a relatively symmetrical Street or
Road cross section that reinforces the public space of the Street or Road
as a simple, unified public space.
c.
Building Setback, Front - Mixed Use Area. Structures in the mixed-Use
area have no minimum setback. Commercial and civic or institutional
Buildings should abut the sidewalks in the mixed-Use area.
d.
Building Setback, Front - Areas of Mixed Residential Uses. Single-family
detached residences shall have a Building Setback in the front between
zero (0) and twenty-five (25) feet. Single-family attached residences and
multifamily residences shall have a Building Setback in the front
between zero (0) and fifteen (15) feet.
e.
Side Setbacks. Provision for zero (0) Lot-line single-family Dwellings
should be made, provided that a reciprocal Access Easement is recorded
for both Lots and Townhomes or other attached Dwellings, provided that
all Dwellings have pedestrian Access to the rear yard through means
other than the principal Structure.
Thoroughfare Network.
a.
The circulation system shall allow for different modes of transportation.
b.
The circulation system shall provide functional and visual links within
the residential areas, mixed-Use area, and open space of the TND Zoning
District and shall be connected to existing and proposed external
Development. The circulation system shall provide adequate traffic
capacity, provide connected pedestrian and bicycle routes, especially offStreet bicycle or multi-Use Paths or bicycle lanes on the Streets where
required and ADA-approved crosswalks and sidewalks, control through
traffic, provide adequate Transit Stops, limit Lot Access to Streets of
lower traffic volumes, and promote safe and efficient mobility through the
TND Zoning District.
c.
The general requirements of Appendix J of the Unified Development Code
attached hereto shall apply, which may be modified by the Planning
Commission.
d.
Pedestrian Circulation. Convenient pedestrian circulation systems that
minimize pedestrian-motor vehicle conflicts shall be provided
continuously throughout the TND. Where feasible, any existing
pedestrian routes through the site shall be preserved and enhanced. All
Streets, except for Alleys, shall be bordered by sidewalks on both sides in
accordance with the specifications listed in Appendix J of the Unified
Development Code. The following provisions also apply:
1.
Sidewalks in residential areas. Clear and well-lighted sidewalks
shall be a minimum five (5) feet in width. Sidewalks shall be
provided along both sides of each Street in residential areas. For
pedestrian safety, sidewalks shall be separated at least six (6) feet
from the curb in areas of single-family detached dwelling units. In
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areas of multifamily and attached single-family dwellings,
pavement may extend between the required pedestrian sidewalk
and the street curb, provided a five (5) foot unobstructed
pedestrian sidewalk is provided, and there be a minimum five (5)
foot Street tree buffer between the pedestrian sidewalk and the
curb on both sides of the roadway.
2.
Sidewalks in mixed-Use areas. Clear and well-lighted walkways
shall be a minimum of five (5) feet in width. Sidewalks shall be
provided along both sides of each Thoroughfare Type located
within a mixed-Use area. Within mixed-Use areas, pavement may
extend between the required pedestrian sidewalk and the street
curb provided a five (5) foot unobstructed pedestrian sidewalk is
provided, and the there be a minimum six (6) foot Street tree
buffer between the pedestrian sidewalk and the curb on both
sides of the roadway.
3.
Disabled Accessibility. Sidewalks shall comply with the applicable
requirements of the Americans with Disabilities Act.
4.
Crosswalks. Intersections of sidewalks with Thoroughfares shall
be designed with clearly defined edges. Crosswalks shall be well
lit and clearly marked with contrasting paving materials or
texture at the edges.
e.
Bicycle Circulation. Bicycle circulation shall be accommodated on Streets
and/or on dedicated bicycle Paths. Where feasible, any existing bicycle
routes through the site shall be preserved and enhanced. Facilities for
bicycle travel may include off-Street bicycle Paths (generally shared with
pedestrians and other non-motorized users) and separate, striped, five (5)
foot bicycle lanes on Streets. If a bicycle lane is combined with a lane for
parking, the combined width should be fourteen (14) feet.
f.
Public Transit Access. Where public transit service is available or
planned, convenient Access to Transit Stops shall be provided. Where
transit shelters are provided, they shall be placed in highly visible
locations that promote security through surveillance, and shall be well
lighted.
g.
Motor Vehicle Circulation. Motor vehicle circulation shall be designed to
minimize conflicts with pedestrians and bicycles. Traffic calming features
such as “Queuing Streets”, curb extensions, traffic circles, and medians
shall be used to encourage slow traffic speeds.
h.
The Thoroughfare network of the TND shall be connected to existing
Thoroughfares. TND Streets should be laid out to allow extensions to
future neighborhoods. Dead-end Streets are prohibited.
i.
Design of Thoroughfares.
1.
General.
(a)
Thoroughfares consist of moving lanes, parking lanes,
curbs or swales, planters, Trees, Street lights and
sidewalks.
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2.
3.
9.
(b)
Thoroughfare Types shall be designated in the Final
Development Plan.
(c)
Roads, Streets, and Commercial Streets may be modified
to become avenues, Boulevards and Drives.
(d)
Thoroughfares passing from one (1) Use area to another
shall change appropriately except those designated as a
“connector” in the Final Development Plan.
(e)
The exact locations of Trees and lights along
Thoroughfares may be adjusted for specific conditions,
such as Building entrances.
(f)
Thoroughfares that exist in or near a TND at the time of
rezoning and are consistent with the intent of this
ordinance may become an approved standard for use in
that TND. An example of such a condition is commonly
found in a nearby historic neighborhood.
(g)
If striped, on-street parallel parking spaces shall be
striped collectively, not individually.
(h)
The full width of all Paths, Passages, rural lanes, lanes
and Alleys shall be designated a utility Easement. Only in
the absence of these Thoroughfare Types are utility
Easements permitted elsewhere.
(i)
All Thoroughfares within a TND shall terminate at other
Thoroughfares, forming a network. Cul-de-sacs shall be
granted only when justified by site conditions.
Design of Thoroughfares in Commercial Areas.
(a)
All Lots shall enfront on a Thoroughfare, except that a
maximum of twenty (20) percent of Lots served by a rear
Alley may enfront a Path or Passage.
(b)
Thoroughfares may intersect at non-orthogonal angles as
acute as thirty (30) degrees.
Design of Thoroughfares in Civic Areas. Thoroughfares enfronting
civic Buildings or civic spaces shall follow the standards of the
underlying Use area.
Parking requirements. The requirements for parking spaces shall be as listed in
the Final Development Plan. Parking areas for shared or community Use should
be encouraged. On-street parking shall count toward the parking requirements.
Side and rear parking shall be allowed. In addition:
a.
In the mixed-Use area, any parking Lot shall be located at the rear or
side of a Building. If located at the side, screening shall be provided as
specified in Section 8.217.C.14.
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b.
A parking Lot or Garage may not be adjacent to or opposite a Street, or
other Thoroughfare, intersection.
c.
In the mixed-Use area, a commercial Use must provide one (1) parking
space for every one thousand (1,000) feet of gross Building area.
d.
Parking Lots or Garages must provide not less than one (1) bicycle
parking space for every ten (10) motor vehicle parking spaces.
e.
Adjacent on-street parking may apply toward the minimum parking
requirements.
f.
In the mixed residential areas, parking may be provided on-site. One (1)
off-Street parking space with unrestricted ingress and egress shall be
provided for each Secondary Dwelling Unit.
g.
Multi-family Uses must provide one (1) parking space for every first
bedroom and [0.5] parking space for each additional bedroom.
h.
In residential areas, Garage doors which face the front of a Lot shall be
placed twenty (20) feet beyond the setback of the principal Structure.
However, the Planning Commission may modify this requirement for no
more than twenty (20) percent of the Dwelling units if warranted by
topography or other environmental conditions.
i.
In non-residential areas, parking Lots shall be located to the rear or side
of Buildings. Side parking Lots shall account for no more than twentyfive (25) percent of parking per site, and shall be screened from sidewalks
by a combination of low walls or fences and landscaping.
j.
In the case of commercial or office Uses which have shop or store fronts
adjacent to sidewalks and Thoroughfares, parking along the
Thoroughfare directly in front of the Lot shall count toward fulfilling the
parking requirements.
k.
The required number of spaces for commercial and office Uses may be
further reduced by demonstrating the use of shared parking.
l.
If a Developer desires additional customer parking for nonresidential
Uses, it shall be provided on grassy, pervious surfaces (of reinforced/
plastic grid, reinforced block or similar material) which are adequate to
sustain parked vehicles.
m.
Off-street parking shall be located in mid-block parking Lots located
behind the Buildings.
n.
Parking shall be accessed by Alley or Rear Lane, when available.
However, there shall be no parking in an Alley or lane.
o.
Parking shall be prohibited within thirty (30) feet of intersections to
enable public service and emergency vehicles adequate turning radii, and
in mid-block sections such that emergency vehicles can park and operate
within one hundred twenty-five (125) feet of all Buildings on the block.
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10.
p.
Required parking must be provided within a five (5) minute (one quarter
mile) radius of the site which it serves.
q.
The location of permitted parking along Thoroughfares should be
coordinated to allow access to mail boxes.
r.
Parking Lots greater than two (2) double loaded parking rows shall be
carefully arranged to minimize breaks between pedestrian destinations.
s.
Shared Parking.
1.
If an office Use and a retail Use share parking, the parking
requirement for the retail Use may be reduced by twenty (20)
percent, provided that the reduction shall not exceed the
minimum parking requirement for the office Use.
2.
If a residential Use shares parking with a retail Use other than
lodging Uses, eating and drinking establishments or
entertainment Uses, the parking requirement for the residential
Use may be reduced by thirty (30) percent, provided that the
reduction does not exceed the minimum parking requirement for
the retail and service Use.
3.
If an office and a residential Use share off-Street (or other
Thoroughfare) parking, the parking requirement for the
residential Use may be reduced by fifty (50) percent, provided that
the reduction shall not exceed the minimum parking requirement
for the office Use.
4.
The required number of spaces for commercial, office, civic, and
multi-family Uses may be further reduced by demonstrating the
use of shared parking.
Architectural Standards. A variety of architectural features and Building
materials is encouraged to give each Building or group of Buildings a distinct
character. In order to achieve harmonious design throughout the TND Zoning
District, architectural design guidelines for the residential, commercial, office,
civic and institutional Uses shall be submitted to the Planning Commission and
used in creating the Development by the Developer. The architectural features
and guidelines are illustrative and conceptual and may be altered by the
Developer from time to time, it being understood that market conditions, social
changes, building costs, changes in demographics, other building codes and
regulation and other reasons may require the alteration of the architectural
features and concepts.
a.
Guidelines for Existing Structures
1.
Existing Structures or sites, if determined to be historic or
architecturally significant by the East Baton Rouge Parish
Historic Preservation Commission or the Louisiana State Historic
Preservation Office, or listed on the National Register of Historic
Places, shall be protected from demolition or encroachment by
incompatible Structures or landscape Development.
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2.
b.
The U.S. Secretary of the Interior’s Standards for alterations to
Historic Properties shall be used as the criteria for rehabilitation
and treatment of historic or architecturally significant Structures
or sites.
Guidelines for New Structures
1.
Height. New Structures within a TND Zoning District shall be no
more than three (3) occupied Stories for single-family residential,
or five (5) occupied Stories for commercial, multifamily
residential, or mixed-Use.
2.
Entries, Facades, Windows, Doors and Roofs.
(a)
The architectural features, materials, and the articulation
of a facade of a Building shall be continued on all sides
visible from a public Thoroughfare.
(b)
The front facade of the Principal Building on any Lot in a
TND District shall face onto a public Thoroughfare. Corner
lots are required to face onto one public thoroughfare.
(c)
The front facade shall not be oriented to face directly
toward a parking Lot.
(d)
Porches, pent roofs, roof overhangs, hooded front doors or
other similar architectural elements shall define the front
entrance to all residences.
(e)
For commercial Buildings, a minimum of fifty (50%)
percent of the front facade on the ground floor shall be
glass (transparent), including window or door openings
allowing views into and out of the interior.
(f)
New Structures on opposite sides of the same
Thoroughfare should follow similar design guidelines. This
provision shall not apply to Buildings bordering civic Uses.
(g)
Building and parking placement within the Neighborhood
Center, or Town Center, should be arranged to create
appropriately scaled continuous Building facades with as
few non-pedestrian oriented breaks as possible.
(h)
Walls along Thoroughfares shall be made of brick, or block
and stucco, or other material to match the façade of the
Principal Building.
(i)
Windows shall use clear glass panels.
(j)
All openings including porches, galleries, arcades and
windows, with the exception of storefronts, shall be square
or vertical in proportion.
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c.
(k)
Openings above the first Story shall not exceed fifty (50)
percent of the total Building wall area, with each façade
being calculated independently.
(l)
The facades on retail frontages shall be detailed as
storefronts and glazed no less than fifty (50) percent of the
sidewalk-level Story.
(m)
Doors and windows that operate as sliders are prohibited
along frontages.
(n)
Flat roofs shall be enclosed by parapets a minimum of
forty-two (42) inches high, or as required to conceal
mechanical equipment to the satisfaction of the Developer,
Association Board or Directors and Architectural Control
Committee.
(1)
Dwelling units may be constructed above the
ground floor in commercial and office Buildings.
(2)
Commercial and office Development within the
TND shall have an architectural design compatible
with the design of residential Buildings. As stated
in Section 8.217.C.1.b.5, the Board of Directors of
the Association or the Architectural Control
Committee establishes architectural standards for
the TND.
Utilities. All utilities shall be placed underground.
11.
Guidelines for garages and Secondary Dwelling Units. Garages and Secondary
Dwelling Units may be placed on a single-family detached residential Lot within
the Principal Building or an Accessory Building provided that the Secondary
Dwelling Unit shall not exceed eight hundred (800) square feet. Garage doors
shall have a minimum setback of twenty (20) feet when accessed from the front
property line, and shall have a minimum setback of nine (9) feet from the rear
property line when accessed from a Rear Alley.
l2.
Guidelines for exterior signage. Comprehensive Sign guidelines are required for
the entire TND Zoning District which establishes a uniform Sign theme. Such
guidelines shall be submitted to the Planning Commission. Signs shall share a
common style, as to sizes, shapes, and materials permitted within the TND
Zoning District.
13.
Guidelines for lighting.
a.
Lighting along Thoroughfares, including pedestrian scale lighting, shall
be provided along all Thoroughfares. Generally more, smaller lights, as
opposed to fewer, high-intensity lights, should be used. Lights shall be
installed on both sides of Streets at intervals of no greater than seventyfive (75) feet apart. The lighting design shall meet the minimum
standards developed by the Illumination Engineering Society.
b.
Exterior lighting shall comply with the East Baton Rouge Parish Lighting
Ordinance.
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14.
Landscaping and Screening Standards.
a.
Overall composition and location of landscaping shall complement the
scale of the Development and its surroundings. In general, larger, wellplaced contiguous planting areas shall be preferred to smaller,
disconnected areas. Where screening is required by this ordinance, it
shall be at least three (3) feet in height, unless otherwise specified.
Required screening shall be at least fifty (50) percent opaque throughout
the year. Required screening shall be satisfied by one (1) or some
combination of a decorative fence not less than fifty (50%) percent behind
a continuous landscaped area, a masonry wall, or a hedge.
b.
Trees Along Thoroughfares.
c.
1.
A minimum of one (1) deciduous canopy Tree per forty (40) feet of
frontage, or fraction thereof, shall be required. Trees can be
clustered and do not need to be evenly spaced, subject to further
provisions as set forth herein.
2.
Trees should preferably be located between the sidewalk and the
curb, within the landscaped area of a Boulevard, or in Tree wells
installed in pavement or concrete.
3.
Native shade Trees which grow to a minimum height of forty (40)
feet at maturity shall be planted along all Streets at a maximum
average spacing of thirty (30) feet on center.
4.
Trees shall have a minimum caliper of two and one-half (2 ½)
inches at the time of planting.
Parking area landscaping and screening.
1.
All parking and loading areas fronting public Thoroughfares or
sidewalks, and all parking and loading areas abutting residential
districts or users, shall provide a landscaped area at least five (5)
feet wide along the public Thoroughfare or sidewalk; screening at
least three (3) feet in height and not less than fifty (50) percent
opaque; and one (1) Tree for each twenty-five (25) linear feet of
parking Lot frontage.
2.
The corners of parking Lots, “islands”, and all other areas not
used for parking or vehicular circulation shall be landscaped.
Vegetation may include turf grass, native grasses or other
perennial flowering plants, vines, shrubs or trees. Such spaces
may include architectural features such as benches, kiosks or
bicycle parking.
3.
For all parking Lots with more than six (6) spaces, the landscaped
area shall be comprised of a minimum of twenty (20) percent of
the total parking Lot area.
4.
In large parking Lots containing more than two hundred (200)
parking spaces, an additional landscaped area of at least two
hundred (200) square feet shall be provided for each twenty-five
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(25) parking spaces or fraction thereof, containing one (1) native
shade Tree or canopy Tree. The remainder shall be covered with
turf grass, native grasses or other perennial flowering plants,
vines or shrubs.
5.
d.
15.
A landscaping plan is required for structured parking.
All Landscaping must adhere to the Landscaping Ordinance within the
Unified Development Code.
Environmental Standards. All Uses in the Traditional Neighborhood
Development shall conform to all applicable federal, state and local laws and
regulations regarding the environment such as laws and regulations concerning
noise, air quality, water quality, radiation, and radioactivity.
D.
Fees. The Metropolitan Council may, by resolution, establish fees for the administration
of this ordinance.
E.
Other Code and Ordinances Applicability.
1.
F.
The Unified Development Code and Subdivision Regulations (“Other Codes and
Ordinances”) for the Parish applies to a TND Zoning District unless:
a.
this ordinance expressly provides otherwise; and
b.
only as long as such Other Codes and Ordinances do not impede the
accomplishment of the stated purpose of the TND Zoning District as
described in this ordinance.
2.
The requirements of this Article supersede any inconsistent provision of any
Other Codes and Ordinances.
3.
A TND Zoning District is a separate and distinct zoning district which shall allow
the permitted Uses as provided in the Concept Plan, notwithstanding any other
zoning classification provided in Other Codes and Ordinances.
4.
The Final Development Plan, as approved by the Planning Commission, shall
supersede any inconsistent provision of any Other Codes and Ordinances,
including without limitation any parking, street or landscaping requirements,
dimensional regulations, setbacks or proximity requirements between
establishments located within the TND licensed or seeking a license to sell,
consume or serve alcoholic beverages and the establishments and facilities
defined in La. R.S. 26:81(C)(1), which are also located within the TND, it being
the intent herein to give the Planning Commission the discretionary authority to
deviate from the requirements of Other Codes and Ordinances when deemed
appropriate by the Planning Commission in order to promote compact, mixeduse development within the TND Zoning District.
5.
The provisions of this Article shall be retroactive and shall apply to any
previously approved Final Development Plan.
Ownership and Control. All land proposed to be included in the TND zoning district
shall be owned by or be under the control of the applicant for the purpose of seeking
the TND zoning designation (including without limitation a purchase agreement, option
agreement, and/or development agreement), whether that applicant be an individual,
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partnership, corporation (limited liability company, limited liability partnership, trust),
or groups of individuals, partnerships, or corporations (limited liability company,
limited liability partnerships and/or trusts). The applicant shall agree that if applicant
proceeds with the Traditional Neighborhood Development applicant will do so in
accordance with:
1. The Concept Plan of development officially adopted for the Traditional
Neighborhood Developments;
2. Regulations existing when the amendment granting the Traditional
Neighborhood Development was adopted; and
3. Such other conditions or modifications as may be attached to the rezoning of
the land to the Traditional Neighborhood Developments.
G.
Application Procedure and Approval Process; General. Prior to the issuance of any
permits for Development within a TND Zoning District, the following four (4) shall be
completed according to the procedures outlined in this Section:
1.
Pre-Application Conference;
2.
Approval of a Concept Plan by the Planning Commission and the Metropolitan
Council for the entire Traditional Neighborhood Development; and
3.
Approval of a Final Development Plan by the Planning Commission.
4.
Approval of a Final Plat by the Planning Commission Staff.
If the Development includes the division of property into Lots, the Final
Development Plan shall be approved concurrently with a preliminary plat.
Subdivisions of property within a TND Zoning District after Concept Plan
approval, but prior to Final Development Plan approval, shall meet the zoning
requirements of the most Restrictive zoning district allowed for each designated
Use for that portion of the Concept Plan. These Subdivisions shall require
Planning Commission approval and will not allow Development or Building
permit approval until a Final Development Plan is approved. Where the
Development is to be developed in phases, the Concept Plan that is presented for
review and approval shall be the Concept Plan for the entire Development and
shall identify the proposed phasing. Each phase of a Development shall have an
individual Final Development Plan.
H.
Pre-Application Conference.
1.
The pre-application conference shall be held with the Planning Director for the
purpose of exchanging information, providing guidance to the applicant and
determining the eligibility of the request for consideration as a Traditional
Neighborhood Development.
2.
A request for a pre-application conference shall be made to the Planning
Director. As part of the pre-application conference, the applicant shall submit
the number of copies listed in Appendix L of a conceptual plan, at least ten (10)
days in advance of the pre-application conference, which shows the property
location, boundaries, significant natural features, Thoroughfare network
(vehicular and pedestrian circulation), land Use(s) for the entire site, and a
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statement indicating financial responsibility sufficient to complete the Public
Improvements shown on the conceptual plan.
3.
I.
The Planning Director shall advise the applicant of the conformance of the
Traditional Neighborhood Development concept with the intent and objectives of
a Traditional Neighborhood Development, whether it appears to qualify under
the minimum requirements of Sections 8.217.A, 8.217.B, and 8.217.C, and
whether the general concept appears to be substantially consistent with the
Unified Development Code and the Comprehensive Land Use Plan. No formal
action will be taken at a pre-Application conference, nor will statements made at
the pre-application conference be considered legally binding commitments.
Concept Plan. Following the pre-application conference, the applicant shall submit a
completed application (Concept Plan) to the Planning Director. The Concept Plan shall
contain all information required in the Concept Plan Checklist, including architectural
design guidelines as described in Section 8.217.C.10 herein. The applicant shall
subsequently be responsible for conducting a public workshop for residents of the area
in which the project in proposed to be located. The workshop requirements ensure: the
applicant is fully aware of the process, the workshop is conducted at a place and time
convenient to the residents, and residents are properly notified of its intent. The
applicant is required to conduct the workshop and document the results to the
Planning Director before the application is deemed complete.
1.
2.
Procedures for TND Concept Plan approval. All Applications for Traditional
Neighborhood Developments shall be processed in the following manner:
a.
The Concept Plan shall follow the procedures for approval of planning
and zoning items before the Planning Commission and the Metropolitan
Council which are not in conflict with this Section 8.217.I.
b.
Notice of the time and place of the public hearing shall be mailed by
certified mail to the owner/subdivider and all abutting property owners
fifteen (15) days prior to the Planning Commission Meeting. For the
purpose of the notice requirement to adjoining property owners, the
names and addresses of such owners shall be deemed to be those on the
current tax records in the office of the East Baton Rouge Parish Assessor.
The public hearing shall also be advertised in the official journal. All
abutting property Owners shall be given an opportunity to submit
written comments. The legal ad must run three (3) times in the Parish’s
official journal at least ten (10) days prior to the Planning Commission
Meeting.
c.
Following required public notice, the Planning Commission shall hold a
public hearing on the proposed Traditional Neighborhood Development.
Following the hearing, the Planning Commission shall review Traditional
Neighborhood Development request and Concept Plan and any
comments submitted by any adjoining property Owners and shall make a
recommendation to the Metropolitan Council to approve, approve with
conditions, or deny the Traditional Neighborhood Development rezoning
request. In its recommendation to the Metropolitan Council, the Planning
Commission shall include the reasons for such recommendation.
Approval of a Traditional Neighborhood Development Concept Plan. After
receiving the recommendation of the Planning Commission, the Metropolitan
Council shall review the Application, including the Concept Plan, the record of
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the Planning Commission proceedings and the recommendation, and shall
approve, approve with conditions, or deny the Application in accordance with
the standards and purposes set forth in Sections 8.217.A, 8.217.B, and 8.217.C.
An approval with conditions shall not be considered final (and the rezoning is
not final until such time) until the applicant submits a written acceptance of the
conditions and all necessary revisions to the Concept Plan to the Council.
If approved by the Metropolitan Council, the Concept Plan and all other
information and material formally submitted with the Application shall be
adopted as an amendment to this Development Code and shall become the
standards of Development for the Traditional Neighborhood Development. All
future Development shall conform to the standards adopted for the Traditional
Neighborhood Development regardless of changes in ownership.
Upon approval of the Concept Plan, the property shall be designated “TND
CONCEPT” on the official zoning map.
J.
If the applicant fails to timely submit a Final Development Plan for a portion of the
property, the TND Zoning District designation shall remain, but the TND Concept Plan
must be resubmitted, reviewed, and approved by the Planning Commission Staff for a
three (3) year extension. If the applicant fails to timely submit a Final Development
Plan for a portion of the property three (3) years from the date of the extension approval,
the TND Zoning District designation shall remain, but the applicant must resubmit the
TND Concept Plan for full Planning Commission review and approval. No permits for
development shall be issued unless or until a new TND Concept Plan is reviewed and
approved pursuant to Section 8.217.I.1.
K.
Final Development Plan and Final Plat.
1.
Submittal. Within thirty-six (36) months of the Metropolitan Council’s approval
of the Concept Plan, and except as permitted under Concept Plan approval, the
applicant shall submit a Final Development Plan for all or for a portion of the
property to the Planning Director prior to commencing construction on property
zoned “TND CONCEPT”. The applicant may request an extension of up to twelve
(12) additional months from the Metropolitan Council if the Final Development
Plan has not been approved. If the applicant fails to submit a Final Development
Plan for all or for a portion of the property, then the Concept Plan shall be
determined to be invalid, but the TND Zoning District shall remain. If the
Traditional Neighborhood Development is to be developed in phases, the
applicant must submit a Final Development Plan for the first phase within
thirty-six (36) months of the Council’s approval of the Concept Plan. All
subsequent phases must follow the standards of the Concept Plan and should
be submitted in a timely manner. However, there is no time limit to submit
subsequent phases. If no phasing is shown on the Concept Plan, a Final
Development Plan may be submitted for all or for a portion of the property to
satisfy the requirement of submitting within thirty-six (36) months of the
Metropolitan Council’s approval of the Concept Plan. The Final Development
Plan shall contain all information required in the Final Development Plan
Checklist.
2.
Certification. The following design professionals shall certify direct involvement
in the preparation of the Final Development Plan. A Final Plat shall be certified
by a:
a.
Licensed Architect or Licensed Civil Engineer; and
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b.
3.
Licensed Landscape Architect.
Final Plat. A Final Plat shall be submitted in one (1) or more sheets and contain
the information listed in the application checklist.
The title of the Final Plat shall read “Final Plat of [Name of Traditional
Neighborhood Development], [Section, Township, and Range”].
Where the Traditional Neighborhood Development is of unusual size or shape,
the Planning Commission may permit a variation in the scale or size of the Final
Plat.
4.
Landscape Plan. A Landscape Plan is required for all Traditional Neighborhood
Development Final Development Plans. A Landscape Plan must be stamped and
certified by a registered Landscape Architect.
5.
Substantial Compliance of Final Development Plan. The Final Development Plan
shall be in substantial compliance with the Concept Plan. It is not intended that
the Traditional Neighborhood Development so approved shall be inflexibly
applied, but rather, the Traditional Neighborhood Development shall be in
conformance with the Concept Plan subject to modification due to changed
economic, social, market or demographic conditions. The burden shall be upon
the applicant to show the Planning Commission good cause for Major Change
(as defined below) between the General Implementation Concept Plan and the
Final Development Plan as submitted for final approval. If the Final
Development Plan, as submitted, contains substantial variations from the
Concept Plan, or Major Changes as defined in Section 8.217.M herein, the
Planning Commission may, after a meeting with the applicant, within fourteen
(14) days of such meeting, advise the applicant in writing why said variations
are not in the public interest, and deny the proposed variations. Nothing
contained herein shall prohibit an applicant from requesting a change to an
approved Traditional Neighborhood Development as set forth in Section 8.217.M
herein.
6.
Procedure for approval. The Final Development Plan shall follow the procedure
for planning items going to the Planning Commission with a public hearing.
Procedure for approval of a Final Development Plan for a Traditional
Neighborhood Development shall be processed in the following manner:
a.
The Department of Public Works shall review and approve the
construction plans for any Public Improvements shown on the Final
Development Plan prior to any construction. Improvements may be
completed or bonded for final approval in the same manner as required
under the Unified Development Code.
b.
The Planning Commission shall issue a notice of public hearing by
posting the affected site in a conspicuous place at least fifteen (15) days
prior to the public hearing. A record of information and materials
presented at the public hearing shall be kept and maintained by the
Planning Commission as part of the applicant’s permanent record.
c.
Following required public notice, the Planning Commission shall hold a
public hearing on the proposed Final Development Plan. Following the
hearing, the Planning Commission shall review the Final Development
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Plan request and any comments submitted by any adjoining property
Owners and shall approve, approve with conditions, or deny the request.
d.
Upon such approval and subsequent amendment of the Final
Development Plan, construction may proceed for public and/or approved
private Thoroughfares, utility installations, Common Open Space,
recreational facilities, governmental Structures, and similar Uses
provided that a preliminary Subdivision plat has also been approved for
the Development in accordance with the Unified Development Code.
e.
Any other proposed modifications, including yard Variances and/or
setback waivers, affecting the Traditional Neighborhood Development’s
legal description shall require a review and approval of the Traditional
Neighborhood Development Final Development Plan by the Planning
Commission staff. The burden shall be upon the applicant to
demonstrate to the Planning Commission justification for any variation
from the approved Final Development Plan.
f.
Upon approval of a Final Development Plan, the property shall be redesignated from “TND CONCEPT” to “TND” on the official zoning map.
Once land is rezoned to “TND”, the provisions of this ordinance are
mandatory.
L.
Consolidated Concept Plan and Final Development Plan. The Final Development Plan
and Concept Plan may not be simultaneously heard by the Planning Commission and
the Metropolitan Council.
M.
Additional Regulations for Phased Developments. A Traditional Neighborhood
Development may be developed in phases or stages in accordance with the following
requirements:
N.
1.
Boundaries. The boundaries of all proposed Traditional
Development phases shall be shown on the Concept Plan.
Neighborhood
2.
Data. All data required for the project, as a whole, shall be given for each phase
shown on the Concept Plan.
3.
Improvements. The phasing plan shall be consistent with the traffic circulation,
Drainage, Common Open Space, and utilities plans for the entire Traditional
Neighborhood Development. Traditional Neighborhood Developments that are to
be developed in phases or stages shall be required to provide Public
Improvements, Common Open Space, and other amenities attributed to such
phase at the same time as or before the construction of Principal Buildings and
Structures associated with individual phases. The nature, type, and amount of
Public Improvements, Common Open Space, and other project amenities
provided during an individual phase of the project shall be commensurate with
and proportionate to the overall Development of the phase.
Changes to an Approved Final Development Plan.
1.
Types of Changes. There are three (3) types of changes: Major Use Change,
Major Site Change, and Minor Change. A Major Use Change and a Major Site
Change are collectively referred to herein as a “Major Change”.
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2.
3.
Major Use Change. A major Use change (“Major Use Change”) is one that will
have significant impacts on the approved Uses within the Traditional
Neighborhood Development, or on the site surrounding the Traditional
Neighborhood Development. Major Use Changes include, but are not limited to:
a.
An increase in the Development site area of more than ten (10) percent;
b.
An increase in Density of any permitted land Use, including the number
of housing units, by more than ten (10) percent;
c.
In residential areas, a change in the mix of Single-Dwelling and MultiDwelling Structures by more than ten (10) percent;
d.
An increase in the amount of land in nonresidential Uses by more than
ten (10) percent;
e.
Involve any land Use not specified on the approved Concept Plan or the
list of permitted Uses;
f.
Substantial and material reduction in the amenities proffered by the
applicant; and/or
g.
Material changes in the permitted land Use authorized in the Traditional
Neighborhood Development which in the opinion of the Planning Director
will have a material adverse change with the Traditional Neighborhood
Development or on the site surrounding the Traditional Neighborhood
Development.
Major Site Change. A major site change (“Major Site Change”) is a major change
(other than a Major Use Change) that will have significant impact on the site and
layout of the Development in the Traditional Neighborhood Development which
is not a Major Use Change, or on the site surrounding the Traditional
Neighborhood Development. Major Site Changes include, but are not limited to:
a.
Changes that vary the individual Lot Area requirement as submitted in
the Concept Plan by more than ten (10) percent;
b.
Changes in non-residential Floor Areas by more than ten (10) percent of
the total Floor Area within a component of the Traditional Neighborhood
Development;
c.
Deleting or changing the purpose of Flood hazard Servitudes or
Easements;
d.
Changes to the Thoroughfare network which result in a significant
adverse change in the amount or location of Thoroughfares and shared
Driveways, common parking areas, circulation patterns, and Access to
the Traditional Neighborhood Development;
e.
Changes in the allocation of prescribed land Uses such that it would
result in an increase in the number of vehicle trips generated in excess of
ten (10) percent;
f.
Changes which are material in the typical sections of Thoroughfare
design;
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4.
g.
Changes in the designation of Thoroughfares between private and public;
and/or
h.
Material changes in the approved overall layout of the site plan and/or
matters related to onsite and/or offsite infrastructure requirements
authorized in the Traditional Neighborhood Development which in the
opinion of the Planning Director will have a material adverse change with
the Traditional Neighborhood Development or on the site surrounding
the Traditional Neighborhood Development.
Minor Change. A minor change (“Minor Change”) is a change that will not alter
the basic design and character of the Traditional Neighborhood Development,
nor any specified conditions imposed as part of the original approval. Minor
changes include, but are not limited to:
a.
Changes in location of the Neighborhood Center Area, a Mixed
Residential Area, a Neighborhood Edge Area, a civic area, green area,
Common Open Space or other designated areas, if the Planning Director
determines that (a) the basic layout of the TND Zoning District remains
the same, and (b) the TND Zoning District functions as well as before the
revision;
b.
Changes in size of a Neighborhood Center Area, a Mixed Residential
Area, a Neighborhood Edge Area, a civic area, green area, Common Open
Space or other designated areas, if the size is increased or decreased by
not more than ten (10) percent, and the Planning Director determines
that (a) the basic layout of the TND Zoning District remains the same,
and (b) the district functions as well as before the revision;
c.
Changes in the general location of a major civic Use, if the Planning
Director determines that (a) the revised location is appropriate, and (b)
the Thoroughfare network, the infrastructure, and the overall land Use
mix are not adversely affected. The Planning Commission may not
approve a revision that includes the addition of a major civic Use within
five hundred (500) feet of an area that is part of a final plat in a Mixed
Residential Area or Neighborhood Edge Area;
d.
Changes in the location of a commercial Use in a Mixed Residential Area,
if the Planning Director determines that the revised location is
appropriate;
e.
Change in the layout of a Thoroughfare network, if the Planning Director
determines that (a) the basic layout remains the same, and (b) the
revised layout functions as well as the previous layout;
f.
Change in the location or size of a Common Open Space, if the overall
amount of Common Open Space acreage does not decrease by more than
ten (10) percent, and the Planning Director determines that the quality
and functionality of the revised Common Open Space is the same or
better. The Planning Director may not approve a revision that includes
the deletion of a Common Open Space within five hundred (500) feet of
an area that is part of a final plat in a Mixed Residential Area or
Neighborhood Edge Area;
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g.
Change in the location or description of a major private open space
improvement, if the Planning Director determines that the revised
improvement is as beneficial to the residents as the previous
improvement;
h.
Change in the location or type of a Drainage or water quality control, if
the Planning Director determines that (a) the basic layout of the TND
Zoning District remains the same, and (b) the revised location or type of
control functions as well as the previous location or type of control,
provided that there are no objections from the Department of Public
Works;
i.
Change in a construction phasing plan for major private open space
improvements if the change extends a deadline by not more than twentyfour (24) months;
j.
Change in the location of a one hundred (100) year floodplain, if the
Planning Director determines that revision more accurately describes the
location of the floodplain, provided that there are no objections from the
Department of Public Works;
k.
Change in the locations of major utility facilities and Easements, if the
Planning Director determines that the revised locations are more
appropriate or functional, provided that there are no objections from the
Department of Public Works;
l.
Change in a preliminary architectural standard, if the Planning Director
determines that the revised standard is consistent with the architectural
character of the TND Zoning District;
m.
Reduction of the size of any Building;
n.
Movement of Buildings and/or Signs by no more than ten (10) feet, but
in no event in required Buffers and/or setbacks;
o.
Landscaping approved in the Final Development Plan that is replaced by
similar landscaping to an equal or greater extent, provided that there are
no objections from the Department of Public Works;
p.
Changes in non-residential floor plans, of up to ten (10) percent of the
total Floor Area, which do not alter the character of the Use or increase
the amount of required parking;
q.
Internal rearrangement of a parking Lot that does not affect the number
of parking spaces or alter Access locations or design;
r.
Changes required or requested by the Parish and other State or Federal
authorities in order to conform to other laws or regulations;
s.
On balance, compared to the approved Traditional Neighborhood
Development, the change will equally or better meet the purposes and
approval criteria set forth in Sections 8.217.A, 8.217.B, and 8.217.C,.
above in the opinion of the Planning Director; and/or
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t.
Any adverse impacts caused by the change are mitigated to the
satisfaction of the Planning Director.
u.
The Developer may implement a material change in a preliminary
architectural feature and/or concept unless the Planning Director deems
the change in the architectural feature and/or concept to be of a
substantial nature and inconsistent with the architectural character of
the TND Zoning District.
v.
The addition of phasing to a previously approved Traditional
Neighborhood Development Concept Plan shall be a staff level revision.
5.
Permitted Uses. Any changes to the permitted Uses within the TND Zoning
District must be approved by the Council.
6.
Review Procedures.
Requests for changes to an approved Traditional
Neighborhood Development are processed as follows:
a.
b.
Major Use Changes.
1.
Application for Major Use Changes. The Owner(s) of record of the
property shall file an application with the Planning Director, upon
a form prescribed therefore, which shall contain the reason for
the classification of the change as a Major Use Change, as
described in Section 8.217.M.2, and the resulting impacts from
the Major Use Change on the Development.
2.
Public Hearing. Upon receipt and verification of the completion of
the application by the Planning Director, the Planning Director
will forward the application to the Planning Commission. The
Planning Commission shall issue a notice of public hearing by
posting the affected site in a conspicuous place at least fifteen
(15) days prior to the hearing. A record of information and
materials presented at the public hearing shall be kept and
maintained by the Planning Commission as part of the applicant’s
permanent record.
3.
Findings and Recommendations. The Planning Commission shall
make their findings on the Major Use Change based on the
information set forth in the application and the approval criteria
set forth in Section 8.217.M.2, and submit recommendations to
the Metropolitan Council prior to Noon on the Wednesday
following the hearing date. The Planning Commission shall
forward a copy of their findings and recommendations to the
applicant.
4.
Adoption of Major Use Change. The Metropolitan Council shall
adopt or reject the proposed Major Use Change at the next
scheduled zoning meeting from receipt of the recommendations
from the Planning Commission. The Metropolitan Council shall
submit reasons for its decision to the applicant.
Major Site Changes.
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c.
d.
7.
1.
Application for Major Site Changes. The Owner(s) of record of the
property shall file an application with the Planning Director, upon
a form prescribed therefore, which shall contain the reason for
the classification of the change as a Major Site Change, as
described in Section 8.217.M.3, and the resulting impacts from
the Major Site Change on the Development.
2.
Public Hearing. Upon receipt and verification of the completion of
the application by the Planning Director, the Planning Director
shall forward the application to the Planning Commission. The
Planning Commission shall issue a notice of public hearing by
posting the affected site in a conspicuous place at least fifteen
(15) days prior to the hearing. A record of information and
materials presented at the public hearing shall be kept and
maintained by the Planning Commission as part of the applicant’s
permanent record.
3.
Findings and Recommendations. The Planning Commission shall
make its findings on the Major Site Change based on the
information set forth in the application and the approval criteria
set forth in Section 8.217.M.3. The Planning Commission shall
forward a copy of its findings and recommendations to the
applicant.
4.
Appeal. The applicant may appeal the decision by the Planning
Commission pursuant to Section 8.217.S herein.
Minor Changes.
1.
Application. The Owner(s) of record of the property shall file an
application with the Planning Director, upon a form prescribed
therefore, which shall contain the reason for the classification of
the change as a Minor Change, as described in Section
8.217.M.4, and the resulting immaterial impacts from the change
on the Development, if any.
2.
Findings and Recommendations. Upon receipt and verification of
the completion of the application by the Planning Director, the
Planning Director shall make finding based on the information set
forth in the application and the approval criteria set forth in
Section 8.217.M.4, and notify the applicant of the decision. If the
Planning Director determines the change to be a Minor Change,
the Planning Director’s decision shall be final and no Appeal shall
be available.
Appeal of Classification as Major Use Change or Major Site Change. If
the Planning Director determines the change to be a Major Use Change
or a Major Site Change, the applicant may appeal the decision by the
Planning Director to the Planning Commission. The applicant may appeal
the decision by the Planning Commission pursuant to Section 8.217.S
herein.
Subdivision of Land. If the TND Zoning District involves the Subdivision of land
as defined in the Unified Development Code, the applicant shall submit all
required land division documents in accordance with the requirements of the
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Unified Development Code. If there is a conflict between the design standards of
the Unified Development Code and the design guidelines of this ordinance, the
provisions of this ordinance shall apply. It being understood that the size and
configuration of Lots within a TND Zoning District may otherwise be disallowed
under the Unified Development Code, but encouraged and permitted within a
TND Zoning District.
N.
Maintaining a Final Development Plan.
1.
Ownership and Maintenance of Public Space. Provision shall be made for the
ownership and maintenance of public Thoroughfares, squares, parks, open
space, and other public spaces in a TND Zoning District by dedication to the
Parish and/or Association(s).
2.
Construction. Construction may take place only within such portion(s) of a
Traditional Neighborhood Development for which a current Final Development
Plan is in effect.
3.
Development Schedule. The Development schedule shall contain the following
information:
4.
a.
The order of construction of the proposed stages delineated in the Final
Development Plan.
b.
The proposed date for the beginning of construction of each stage.
c.
The proposed date for the completion of construction of each stage.
d.
The proposed schedule for the construction and improvement of common
area within each stage including any Accessory Buildings.
Enforcement of the Development Schedule. The construction and provision of all
Common Open Spaces and public facilities and infrastructure which are shown
on the Final Development Plan must proceed at no slower a rate than the
construction of Dwelling units or other Structures of a commercial nature. The
Planning Commission may, at any time, compare the actual Development
accomplished with the approved Development schedule. If the Planning
Commission finds that the rate of construction of Dwelling units or other
commercial Structures is substantially greater than the rate at which Common
Open Spaces and public facilities and infrastructure have been constructed and
provided, then either or both of the following actions may be taken:
a.
The Planning Commission shall cease to approve any additional Final
Development Plans for subsequent phases; and/or
b.
The Building Official shall discontinue issuance of Building permits.
In any instance where the above actions are taken, the Planning
Commission shall gain assurance that the relationship between the
construction of Dwellings or other Structures of a commercial nature and
the provision of Common Open Spaces and public facilities and
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infrastructure are brought
continuance of construction.
5.
into
adequate
balance
prior
to
the
Permits. No Building permit for a Structure other than a temporary contractor’s
office or temporary storage Building shall be issued for a Lot or Parcel within an
approved Traditional Neighborhood Development prior to a determination by the
fire marshal or designee that adequate fire protection and Access for
construction needs exists. No occupancy permit for a Structure other than a
temporary contractor’s office or other approved temporary Building shall be
issued for a Structure on a Lot or Parcel within an approved Traditional
Neighborhood Development prior to final inspection and approval of all required
improvements which will serve such Lot or Parcel to the satisfaction of the
Building Official.
O.
Expiration and Lapse of Final Development Plans. Final Development Plan approval
shall expire if work stops for a period of time beyond twenty-four (24) months. In this
event, the applicant will be required to submit an updated Final Development Plan to
the Planning Commission for approval.
P.
The Approved Final Development Plan. Development restrictions and/or conditions, as
required by the Planning Commission and/or the Metropolitan Council, shall be
recorded by the applicant with the Clerk of Court of East Baton Rouge Parish within
fifteen (15) days of the date of the final approval of the Concept Plan and/or the Final
Development Plan by the Planning Commission or Metropolitan Council, as the case
may be. Certified copies of these documents shall also be filed with the Office of the
Planning Commissions. The applicant shall record Development restrictions and other
required documents, which pertain to a Subdivision within the approved Final
Development Plan, with the Clerk of Court of East Baton Rouge Parish within fifteen
(15) days of the signing of the Final Plat, as provided in this Section 8.217.P.
Q.
Filing and Distribution of Final Development Plan Final Plat. The applicant shall have a
total number of copies as required by Appendix L of the approved Final Plat to be
disbursed as required by the Planning Commission staff.
R.
Violations. Any violation of the Concept Plan and/or Final Development Plan or any
other phase or plan adopted as part of the amendment to the Development Code shall
constitute a violation of the Development Code. Any person, firm, or corporation
violating any provision of this Ordinance, upon conviction, shall be punished for each
separate offense committed after the initial thirty (30) day abatement period by a fine
not exceeding five hundred (500) dollars. Each day during which the violation is
committed, continued, or permitted shall constitute a separate offense. Any continued
failure, refusal or neglect to comply with the requirements of this section shall be prima
facie evidence of the fact that a public nuisance has been committed in connection with
the erection, construction, enlargement, alteration, repair, movement, improvement, or
conversion of a lighting structure erected, constructed, enlarged, altered, repaired,
moved, improved, or converted contrary to the provisions of this Ordinance.
S.
Appeal. Notwithstanding any other provision of this ordinance, at the Metropolitan
Council meeting following the decision of the Planning Commission, any member of the
Metropolitan Council may introduce an appeal of the decision of the Planning
Commission; failure to appeal will make the Planning Commission decision final. If the
Metropolitan Council introduces the appeal of the TND, the item shall be heard at the
next regularly scheduled Metropolitan Council Zoning Meeting. Failure to introduce the
TND will make the Planning Commission decision final.
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T.
If the applicant fails to timely submit a Final Development Plan for a portion of the
property, the TND Zoning District designation shall remain, but the TND Concept Plan
must be resubmitted, reviewed, and approved by the Planning Commission Staff for a
three (3) year extension. If the applicant fails to timely submit a Final Development
Plan for a portion of the property three (3) years from the date of the extension approval,
the TND Zoning District designation shall remain, but the applicant must resubmit the
TND Concept Plan for full Planning Commission review and approval. No permits for
development shall be issued unless or until a new TND Concept Plan is reviewed and
approved pursuant to Section 8.217.I.1.
U.
Relation to Zoning Districts. An approved Traditional Neighborhood Development shall
be considered to be a separate zoning district in which the Development plan, as
approved, establishes the restrictions and regulations according to which Development
shall occur, and may depart from the normal procedures, standards, and other
requirements of the other sections of the zoning ordinance and Subdivision regulations
to the extent provided herein. Upon approval, the official zoning map will be changed to
indicate the area as “TND CONCEPT”, or if final approval granted then as “TND”. Every
approval of a Traditional Neighborhood Development shall be considered an amendment
to the zoning ordinance.
V.
TND Street Cross Sections (to be featured in the Unified Development Code, Appendix
J). The applicant may propose additional street cross sections differing from those
contained within Appendix J shall be required to be reviewed and approved by the
Planning Commission and Metropolitan Council.
Minimum Development Standards
Conform to UDC
Requirements
Requirements to be
Determined by Each
Approved Final
Development Plan
PARKING
UDC requirements
Unless shared parking
or a parking waiver is
approved.
Section 8.218
A.
Special
Requirements
UDD1 Urban Design District One – Bluebonnet Boulevard
Purpose
To provide guidelines for development activity in the Bluebonnet Urban Design District
(District) as shown in Appendix G, which includes lots along Bluebonnet Boulevard
from Gail Drive to Claycut Bayou. This District is to strengthen the physical and
economic character of the neighborhood by mitigating or avoiding functional and
architectural incompatibility of buildings or services.
B.
Enforcement and Review
1.
Change of Permitted Use
a.
Any property within this overlay district may not be re-zoned to any
classification other than UDD1. The Planning Commission staff shall
certify compliance prior to issuance of building permits in UDD1.
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2.
Subareas for the District are as below and shown in Appendix G.
a.
Sub Area A1 are Lots 71-B-1, 71-A-1, 70A, 70B, 70C, 69 North, 69
South, 68.
(i)
b.
In Sub Area A1 the designated line is three hundred (300) feet
from the right-of-way line of Bluebonnet Boulevard.
Sub Area A2 are Lots 73-A-1 and 72-A-1.
(i)
In Sub Area A2 the Designated Line is three hundred (300) feet
from the right-of-way line of Bluebonnet Boulevard.
c.
Sub Area B1 are Lots D, E.
d.
Sub Area B2 are Lots C, 168 C and CP DPW (N).
e.
Sub Area B3 are Lots 369, 368.
f.
Sub Area C1 are Lots 315, 314, 320, 316.
(i)
In Sub Area C1 the eastern rear Designated Line of Lot 320 and
Lot 316 shall have an eight (8) foot fence.
g. Sub Area C2 are Lots 308, 307A, 168C.
(i)
In Sub Area C2 (Lots 308, 307A, 168C) - The Designated Line
coincides with the eastern property line of Lots 307A and 168C.
(ii)
In Sub Area C2 the Designated Line coincides with the eastern
property line of Lots 307A and 168C.
h.
Sub Area D are Lots A, B.
i.
Sub Area E are Lots 19-B, 61A, 61B, 60A, 60B, 59D, and 59C.
(i)
C.
D.
In Sub Area E the Designated Line is one hundred eighty-five
(185) feet west of the right-of-way line of Inniswold Road.
Permitted Uses
1.
Financial institutions without drive-thru.
2.
Medical Clinics (no public visitation after 9:00 p.m.).
3.
Offices.
4.
Public open spaces.
5.
Public parks.
Dimensional Regulations
1.
Permitted Height
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2.
a.
One (1) and One and a half (1.5) story buildings are buildings whose roof
rises from a single story plate height, uninterrupted by vertical walls to
its peak, and has a maximum top plate height of twelve (12) feet above
the top edge of the slab. The maximum building height shall not exceed
forty-one (41) feet measured from the ground to the highest level of the
roof ridge. A building’s primary roof area shall have a minimum six (6)
on twelve (12) pitch. Gable walls are permitted if the rafter bearing walls
comply with the twelve (12) foot plate height.
b.
Two (2) story buildings are buildings that have two story exterior walls
with two (2) floors of space enclosed within as long as each floor does not
exceed the twelve (12) foot top plate height. The maximum top plate
height is twenty-six (26) feet from the top edge of the slab to the exterior
wall’s top plate. A building’s primary roof area shall have a minimum six
(6) on twelve (12) pitch. The maximum building height shall not exceed
forty-five (45) feet measured from the ground to the highest level of the
roof ridge. Gable walls are permitted if the rafter bearing walls comply
with the twelve (12) foot plate height.
c.
In Sub Area A1, the maximum building height is two (2) stories.
d.
In Sub Area A2 the maximum building height is thirty (30) feet.
e.
In Sub Area B1 the maximum building height is one and a half (1.5)
stories.
f.
In Sub Area B2 the maximum building height is one and a half (1.5)
stories.
g.
In Sub Area B3 the maximum building height is one and a half (1.5)
stories.
h.
In Sub Area C1 the maximum building height is one and a half (1.5)
stories.
i.
In Sub Area C2 the maximum building height is one and a half (1.5)
stories.
j.
In Sub Area D the maximum building height is one a half (1.5) stories.
k.
In Sub Area E the maximum building height is thirty (30) feet.
Minimum Lot Area and Widths
a.
3.
All lots shall contain a minimum of seven thousand five hundred (7,500)
square feet and a minimum of sixty (60) feet of frontage. All buildings
included in the District along Bluebonnet Boulevard must be set back a
minimum distance of ten (10) feet from the right-of-way line of
Bluebonnet Boulevard. No building or parking lot is allowed within the
ten (10) foot building line setback.
Geometric Standards for Development
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a.
In Sub Area A1 the Building Setback is seventy-five (75) feet from the
Designated Line for a two (2) story.
b.
In Sub Area A1 the Building Setback is forty-five (45) feet from the
Designated Line for a one (1) story building or a one-half (1.5) story
building.
c.
In Sub Area A2 the Building Setback begins at the Designated Line and
extends one hundred (100) feet beyond the Designated Line to a total
distance of four hundred (400) feet from the right-of-way of Bluebonnet
Boulevard.
d.
In Sub Area B1 the Building Setback is fifty (50) feet from the Designated
Line.
e.
In Sub Area B1 the Building Setback is thirty (30) feet from the right-ofway line of Oliphant Road.
f.
In Sub Area B2 the Building Setback is fifty (50) feet from the Designated
Line.
g.
In Sub Area B2 the Building Setback is thirty (30) feet from the right-ofway line of Oliphant Road.
h.
In Sub Area B3 the Building Setback is fifty (50) feet from the Designated
Line along west boundary line.
i.
In Sub Area B3 the Building Setback is twenty-five (25) feet along the
northern Designated Line.
j.
In Sub Area B3 the Building Setback is thirty (30) feet from the right-ofway line of Gail Drive.
k.
In Sub Area C1 the Building Setback is fifty (50) feet along the
Designated Line of the portions of Lot 320 and 316 extending two
hundred (200) feet from Gail Road.
l.
In Sub Area C1 the Building Setback is one-hundred seventy (170) feet
from Cal Road, respectively.
m.
In Sub Area C1 the Building Setback is thirty (30) feet from the right-ofway line from Gail Drive.
n.
In Sub Area C1 the Building Setback is fifteen (15) feet off of the right-ofway line of Gail Drive.
o.
In Sub Area C1 the Building Setback from the right-of-way line of Cal
Road is thirty (30) feet.
p.
In Sub Area C1 the eastern rear Designated Line of Lot 320 and Lot 316
not within the area previously described shall have a twenty (20) foot
Building Setback.
q.
In Sub Area C2 the Building Setback is fifty (50) feet from the Designated
Line.
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4.
r.
In Sub Area C2 the Building Setback is thirty (30) feet from the right-ofway line of Cal Road.
s.
In Sub Area D the Building Setback is fifty (50) feet from the right-of-way
line of Oliphant Road.
t.
In Sub Area D the Building Setback is twenty-five (25) feet from the
Designated Line.
u.
In Sub Area E the Building Setback is seventy-five (75) feet from the
Designated Line along the east boundary for a two (2) story building or
twenty-five (25) feet for a one (1) or one and one-half (1.5) story building.
v.
In Sub Area E the Building Setback from the Designated Line along the
south boundary is twenty-five (25) feet.
Building Siting and Orientation
a.
All buildings are limited to a maximum of six thousand (6,000) square
feet of enclosed area.
b.
All foundations must be built of concrete slab construction on grade.
c.
Storage sheds must be attached to the building and will be constructed
of the same materials as the building. No prefab, freestanding structures
will be permitted.
E. Utilities
1.
Lighting
a.
Lighting mounted on buildings or fences shall be no more than seven (7)
feet above the ground.
b.
Pole lighting is allowed in parking areas. Pole lighting is limited to
eighteen (18) feet in height and must be located no closer than fifty (50)
feet of the Designated Line.
c.
Any external lighting must be oriented inward toward the development or
structures to minimize intrusion into surrounding property.
F. Signage
1.
Calculations
a.
2.
In no event shall the dimensions of the sign exceed the size limitations
based on the zoning classification of a lot set forth generally in the
Unified Development Code.
Prohibited Signs
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a.
3.
Illumination
a.
4.
Only Monument Signs or Wall Signs are allowed.
Other signage,
including, but not limited to window signs, display windows, wall
paintings and graphics are prohibited.
A Monument Sign or Wall Sign may be illuminated but may not flash,
blink or fluctuate and may not be animated. No internal illumination is
allowed.
Permanent On-Premise Signs By Type
a.
Wall Signs
(i)
b.
Detached Signs
(i)
G.
Wall sign or signs shall not exceed a total of eight (8) square feet
per primary building entrance. Wall signs are permitted at
secondary exits or fire exits but shall not exceed three (3) square
feet in size. Wall paintings and graphics, including but not
limited to murals and air-brushed or paint sprayed signs, are not
permitted. Only one (1) Wall Sign is permitted in each building
entrance. A Wall Sign must appear within five (5) feet from the
entrance of the building.
Only one (1) Monument Sign is allowed per curb cut or driveway.
A Monument Sign must not be taller than eight (8) feet and must
not exceed thirty-two (32) square feet of area.
Parking
1.
2.
Off- Street Parking
a.
All parking lots must have a concrete curb and gutter configuration.
“Pin-on” curbs and/or parking blocks are not allowed.
b.
All parking must be placed to the side or rear of buildings.
c.
Shared parking areas and driveways are encouraged.
Design Standards
a.
In Sub Area B1 access is permitted on Oliphant Road but limited to one
driveway.
b.
In Sub Area B2 access is permitted on Oliphant Road but limited to one
driveway.
c.
In Sub Area B3 access is permitted only from Gail Drive.
d.
In Sub Area B3 no access is permitted from Bluebonnet Road or
Bluebonnet Boulevard.
e.
In Sub Area C1 access is permitted on Gail Drive and Cal Road.
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H.
f.
In Sub Area C1 no access is permitted from Bluebonnet Boulevard.
g.
In Sub Area C2 access to the site is permitted from Bluebonnet
Boulevard from a right turn only. (No median cut will be permitted).
h.
In Sub Area C2 access is not permitted from Cal Road.
i.
In Sub Area D no access is permitted from Oliphant Road.
j.
No direct access is allowed to Bluebonnet Road or Inniswold Road.
Landscape and Trees
1.
Landscape Standards
a.
b.
Street Yard Planting Area
(i)
The minimum requirements for the street planting area include
one (1) Class “A” tree or three (3) Class “B” trees for every fifty (50)
linear feet of public street frontage, or fraction thereof, measured
at the property line. Seventy-five (75) percent of the required
trees must be evergreens and may be located anywhere within the
street planting area.
(ii)
The street planting area will also be planted with shrubs and
ground cover plantings to the extent that forty (40) percent of the
street planting area is planted with vegetation other than turf
grass. The street planting are is that area located within the ten
(10) foot front yard on Bluebonnet Boulevard. The ten foot street
planting must be measured from the street right of way.
(iii)
Corner lots with frontage on more than one street must provide a
street planting requirement along the entire street frontage.
Buffer Yard Screening
(i)
When an office is constructed on a newly zoned UDD1 lot, a solid
eight (8) foot wood or masonry fence must be installed on the
designated lot line with a minimum twenty (20) foot landscape
buffer, or a six (6) foot fence may be installed with a twenty-five
(25) foot landscape buffer except as otherwise provided in this
ordinance.
(ii)
In Sub Area A1 a twenty-five (25) foot landscape buffer with a six
(6) foot fence or a twenty (20) foot landscape buffer with an eight
(8) foot fence for a two (2) story building.
(iii)
In Sub Area A1 a twenty-five (25) foot landscape buffer with a six
(6) foot fence or twenty (20) feet with an eight (8) foot fence shall
be located along the Designated Line, for a one-half (1.5) story
building.
(iv)
In Sub Area A2 the landscape buffer encompasses the same one
hundred (100) foot area as the Building Setback.
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(v)
In Sub Area B1 a twenty-five (25) foot landscape buffer with six (6)
foot fence or twenty (20) feet with an eight (8) foot fence shall be
located between the Building Setback and the Designated Line.
(vi)
In Sub Area B1 along Oliphant Road a twenty (20) foot landscape
buffer and a three and one-half (3.5) foot masonry wall shall be
located along the Designated Line.
(vii)
In Sub Area B2 a twenty-five (25) foot landscape buffer with six (6)
foot fence or twenty (20) feet with an eight (8) foot fence shall be
located along the Designated Line.
(viii)
In Sub Area B2 a twenty (20) foot landscape buffer and a three and
one-half (3.5) foot masonry wall shall be located within the
Building Setback along Oliphant Road.
(ix)
In Sub Area B3 including a twenty-five (25) foot landscape buffer
with a six (6) foot fence or twenty (20) feet with an eight (8) foot
fence shall be located along the Designated Line.
(x)
In Sub Area B3 along the northern Designate Line a twenty (20)
foot landscape buffer with an eight (8) foot fence or twenty-five
(25) feet with a six (6) foot fence.
(xi)
In Sub Area B3 along a twenty (20) foot landscape buffer along
Gail Drive.
(xii)
In Sub Area C1 a twenty-five (25) foot landscape buffer with six
(6) foot fence or twenty (20) feet with an eight (8) foot fence shall
be located along Cal Road.
(xiii)
In Sub Area C1 a twenty (20) foot landscape buffer, except Lot
315 shall be located along Gail Drive.
(xiv)
In Sub Area C1 the northern boundary of Lot 314 need have only
a ten (10) foot landscape buffer.
(xv)
In Sub Area C2 a twenty-five (25) foot landscape buffer with a six
(6) foot fence or twenty (20) feet with an eight (8) foot fence shall
be located along the Designated Line.
(xvi)
In Sub Area C2 a twenty (20) foot landscape buffer shall be
constructed along the Designated Line.
(xvii)
In Sub Area D (Lots A, B) a landscape buffer of twenty-five (25)
feet with a six (6) foot fence, or twenty (20) feet with a landscape
buffer of twenty (20) feet with an eight (8) foot fence shall be
located along the Designated Line.
(xviii)
In Sub Area D a twenty (20) foot landscape buffer with a three
and one-half (3.5)-foot masonry wall along Oliphant Road.
(xix)
In Sub Area E a twenty-five (25) foot landscape buffer with a six
(6) foot fence or twenty (20) foot landscape buffer with an eight (8)
foot fence along the Designated Line.
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(xx)
c.
2.
I.
In Sub Area E a twenty-five (25) foot landscape buffer with a six
(6) foot fence or a twenty (20) foot landscape buffer with an eight
(8) foot fence shall be located along the Designated Line.
Vehicular Use Area
(i)
All parking areas must contain a minimum of one (1) Class “A”
tree for each ten (10) parking spaces. No parking places are
allowed to be further than fifty (50) feet from a tree.
(ii)
Service Areas
!
All air-conditioning condensers will be ground mounted and
visually screened.
!
Refuse collection must be kept in a dumpster enclosed by a
six (6) foot opaque, wood, or masonry fence. Dumpsters may
not be located in Building Setback areas or Landscape Buffer
areas.
Tree and Urban Forest Preservation Standards
a.
A Tree Removal Permit is required for trees that measure ten (10) inches
diameter at breast height.
b.
In Sub Area B1 a tree preservation plan must be submitted as part of any
site plan.
c.
In Sub Area D a tree preservation plan must be submitted as part of any
site plan for Lot B.
Design Standards
1.
Building Materials
a.
Exterior Building Materials
(i)
Not Permitted
!
No concrete block or metal wall panels are allowed on the
exterior wall.
!
No vinyl or aluminum siding.
!
No pre-engineered metal or concrete buildings are allowed.
!
Skylights will not be located on the front elevations of the
office. Bubble skylights and solar collectors are not allowed.
!
All exposed portions of chimneys must be brick or stucco.
Chimney caps are required with no exposed spark arrestors.
Chimney materials will be brick, copper, bronze color clad,
slate, or flagstone. Stack vents will be painted to match the
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color of the shingles and must be located at the rear of the
Unit.
b.
Section 8.219
Roof Type
(i)
A building’s primary roof area shall have a minimum six (6) on
twelve (12) pitch. Smaller secondary roof areas may utilize less
than a six (6) on twelve (12) pitch.
(ii)
The main roof type must be of gable or hip design. Dormers or
other architectural features may be included in the main roof
design.
(iii)
Materials are limited to the following:
!
Architectural Asphalt Shingles
!
Standard Seam Copper
!
Slate (or imitation slate)
!
Clay Tile
UDD2 Urban Design District Two – Highland Road between Lee Drive
and Duplantier Boulevard
A. Purpose
To provide guidelines for development activity in the designated area as shown in
Appendix G along the Southwesterly side of Highland Road between Lee Drive and
Duplantier Boulevard to strengthen the physical and economic character of the
neighborhood by mitigating or avoiding functional and architectural incompatibility of
buildings or services. Any property within this overlay district may not be re-zoned to
any classification other than UDD2.
B. Permitted Uses
1.
Uses allowed in Neighborhood Office zoning district with buildings up to seven
thousand five hundred (7500) square feet, not including the following:
a.
Animal hospitals
b.
Child care centers
c.
Schools or preschools
d.
Governmental facilities
e.
Parking lots
f.
Public open spaces
g.
Public parks
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2.
C.
Financial institutions without drive-throughs and without walk-up ATMs that
operate beyond normal business hours may be allowed with a Conditional Use
Permit only.
Definitions
Front Building Setback is the distance between the location of a building and the
centerline or the front right-of-way line of Highland Road.
D.
Lot size, setbacks, maximum heights and access
All lots shall contain a minimum of 1000 square feet and a minimum of 50 feet of
frontage.
Front building line for all building included in the Design District along Highland Road,
shall be a minimum distance of fifty (50) feet from the centerline or twenty (20) feet from
the right-of-way line of Highland Road, whichever is greater. No building or parking lot
shall be allowed within the twenty (20) foot front building line setback.
The maximum building height is 1½ story.
A minimum side yard setback of five (5’) feet will be required.
A tree preservation plan must be submitted as part of any site plan.
B.
Landscaping and Buffers
When an office is constructed on a lot re-zoned to UDD2 after the effective date of this
ordinance, adjacent to an existing residence, a solid eight (8) foot wood or masonry
fence must be installed on the common property line to a point then (10) feet past the
rear of the proposed improvements. Landscape buffers between interior lot lines within
the overlay district will not apply.
A street planting area is required within the twenty (20) foot front yard on Highland
Road. The minimum requirements for the street planting area include one (1) Class “A”
tree or three (3) Class “B” trees for every fifty (50) linear feet of public street frontage, or
fraction thereof, measured at the property line.
Seventy-five percent (75%) of the required trees must be evergreens and may be located
anywhere within the street planting area. The street planting area will also be planted
with shrubs and ground cover plantings to the extent that 40% of the street planting
area is planted with vegetation other than turf grass. All landscaping requirements may
be met by existing vegetation with approval by City Landscape Architect.
A Tree Removal Permit is required for trees that measure ten (10) inches dbh or greater.
E.
Building Size
All commercial buildings are limited to a maximum of 7,500 square feet of climate
controlled space. No more than one primary structure is allowed per lot.
H.
Parking Areas
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All parking areas must contain a minimum of one Class “A” tree for each ten (10)
parking spaces. No parking places are allowed to be further than fifty (50) feet from a
tree.
Rear parking areas, where feasible and shared driveways are encouraged.
I.
Building Materials
Roofing materials are limited to the following:
Architectural Asphalt Shingles
Standard Seam Copper
Slate (or imitation slate)
Clay Tile
No concrete block or metal wall panels are allowed on the exterior wall.
No pre-engineered metal or concrete buildings are allowed.
All exposed portions of chimneys must be constructed of the same materials as the
building. Chimney caps are required, with no exposed spark arrestors. Stack vents will
be painted to match the color of the shingles and must be located at the rear of the
Unit.
Accessory buildings must be constructed of the same materials as the primary
structure.
All air-conditioning compressors will be roof mounted or screened.
Refuse collection for non-residential uses must be kept in a dumpster located at the
rear of the building, enclosed by a six (6) foot opaque, word or masonry fence.
Dumpsters may not be located in Building Setback areas.
Any chain link fencing must be coated with black or green vinyl.
J.
Lighting
Lighting mounted on buildings or fences shall be no more than seven (7) feet above the
ground.
Pole lighting is allowed in parking areas. Pole lighting is limited to eighteen (18) feet in
height and a maximum of 250 watts per fixture.
Any external lighting must be oriented inward, toward the development or structures, to
minimize intrusion into surrounding property. Lighting levels on the ground within five
(5) feet of the property line shall not exceed one (1) foot candle.
K.
Signage
Notwithstanding any other provision to the contrary, only Monument Signs or Wall
Signs are allowed in the Design District.
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Only one Monument Sign is allowed per entrance or driveway.
One Wall Sign is permitted at each building entrance.
A Monument Sign or Wall Sign may be illuminated but may not flash, blink or
fluctuate; and may not be animated. No internal illumination is allowed.”
Section 8.220
A.
UDD 3 Urban Design District Three - Oak Villa Boulevard
Purpose
The provide guidelines for development activity within the Oak Villa Boulevard Urban
Design District (District) as shown in Appendix G. This District is to strengthen the
physical and economic character of the neighborhood by mitigating or avoiding
incompatibility, and to permit commercial and office activity.
B. Enforcement and Review
1.
New Construction
a.
2.
shall
certify
For existing structures, Planning Commission staff
compliance prior to issuance of Certificates of Occupancy.
shall
certify
Change of Permitted Use
a.
4.
staff
Existing Development
a.
3.
For new construction, Planning Commission
compliance prior to issuance of building permits.
Any property within this design district may not be re-zoned to any
classification other than UDD 3.
Subareas for this District are as below and shown in Appendix G.
a.
Subarea A is Lots 3 through 31.
b.
Subarea B is Lots 32 through 71.
C. Permitted Uses
1.
Animal hospitals – all animals are kept inside a building.
2.
Art Galleries
3.
Art studio – No outside production or storage.
4.
Bed and breakfast inns – limited to a maximum of ten (10) guestrooms.
5.
Child care centers
6.
Financial institutions without drive-thrus
7.
Medical clinics
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8.
Nursing homes
9.
Offices
10.
Personal services and retail shops
11.
Restaurant
12.
Restaurants serving alcohol
13.
Retail sales
D. Dimensional Regulations
1.
2.
3.
4.
Permitted Height
a.
Buildings will be limited to a maximum height of one and a half (1.5)
stories.
b.
One and a half (1 ½) story buildings are buildings whose roof rises from
a single story plate height, uninterrupted by vertical walls to its peak,
and has a maximum top plate height of twelve (12) feet above the top
edge of the slab. The maximum building height shall not exceed forty-one
(41) feet measured from the ground to the highest level of the roof ridge.
A building’s primary roof area shall have a minimum six (6) on twelve
(12) pitch. Gable walls are permitted if the rafter bearing walls comply
with the twelve (12) foot plate height.
Minimum Yard Requirements
a.
Front Yard is twenty (20) feet.
b.
Side Yard is five (5) feet.
c.
Rear Yard is twenty (20) feet.
Minimum Lot Area and Widths
a.
In Subarea A a minimum lot size for new construction is twenty-one
thousand (21,000) square feet.
b.
In Subarea B a minimum lot size for new construction is sixty-three
thousand (63,000) square feet.
Geometric Standards for Development
a.
5.
All commercial and office activities must be contained within the building
–– no outside work or storage areas permitted.
Building Siting and Orientation
a.
Buildings are limited to six thousand (6,000) gross square feet of floor
area.
E. Utilities
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1.
Lighting
a.
Lighting mounted on buildings or fences directed toward residential
property shall be no more than seven (7) feet above the ground.
b.
Pole mounted lighting cannot exceed eighteen (18) feet in height.
c.
Any external lighting must be oriented inward toward the development to
minimize intrusion on abutting residential property.
d.
Single lamp outdoor lighting installations cannot exceed an output rating
of ten-thousand (10,000) lumens. The maximum level of light trespass
shall be two (2) foot-candles. All luminaries or light fixtures must be
shielded or cut-off.
F. Signage
1.
Prohibited Signs
a.
2.
Illumination
a.
3.
Wall, canopy, awning, projecting, and monument signs are allowed. Pole
signs, temporary signs, and changeable letter signs are not allowed.
A wall, canopy, awning, projecting, or monument sign may be
illuminated but may not flash, blink or fluctuate and may not be
animated. No internal illumination is allowed.
Permanent On-Premise Signs By Type
a.
Wall Signs
(i)
b.
Canopy and Awning Signs
(i)
c.
Projecting signs are not to exceed twelve (12) feet in length and
thirty-two (32) square feet per face.
Detached Signs
(i)
G.
Canopy and awning are not to exceed twelve (12) feet in length
and thirty-two (32) square feet per face.
Projecting Signs
(i)
d.
Wall signs may not exceed thirty-two (32) square feet in sign area.
One wall sign is allowed per primary business entrance.
One monument sign is allowed per street frontage. Monument
signs may not exceed six (6) feet in height or width. The sign area
may not exceed thirty-six (36) square feet per face.
Parking
1.
Off- Street Parking
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2.
a.
When additional parking areas/spaces are created, parking areas must
have concrete curb and gutter configuration. Parking blocks/logs are
not allowed.
b.
In Subarea A only, stacking shall be allowed.
Alternative Porous Pavement Parking
a.
3.
Schedule of Off-Street Parking Requirements
a.
4.
When additional parking areas/ spaces are created, ten (10) percent of
parking lot pavement must utilize alternative porous pavement.
In Sub Area A twenty-five (25) percent of parking requirement may
account for on-street parking along Crestaire Drive when structures are
rezoned to UDD3 and existing building is converted for office/
commercial use.
Design Standards
a.
Properties on the west side of Crestaire Drive may only have access from
Oak Villa Boulevard and Syble Drive. No access is permitted from
Crestaire Drive.
b.
Cross access servitudes/easements are encouraged in site plan review to
minimize curb cuts.
H. Landscaping
1.
Landscape Standards
a.
b.
Street Yard Planting Area
(i)
A ten (10) foot street planting area is required along Oak Villa
Boulevard. The ten-foot street planting must be measured from
the street right of way. The minimum requirements for the street
planting area include one (1) Class “A” tree or three (3) Class “B”
trees for every fifty (50) linear feet of public street frontage, or
fraction thereof, measured at the property line. Seventy-five (75)
percent of the required trees must be evergreens and may be
located anywhere within the street planting area.
(ii)
The street planting area will also be planted with shrubs and
ground cover plantings to the extent that fifty (50) percent of the
street planting area is planted with vegetation other than turf
grass.
Buffer Yard Screening
(i)
When a new building is constructed in the design district, a solid
eight (8) foot fence with a flat top must be installed between any
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commercial or office and residential properties, or a landscape/
buffer plan must be approved by the Planning Commission staff.
The fence shall be maintained in a structurally sound manor, in
good appearance, replaced when necessary and kept free of refuse
and debris.
c.
I.
(ii)
A solid eight (8) foot fence with a flat top is required on the east
property line of Subarea A when the property is rezoned to UDD3.
(iii)
Fencing made of barbed wire, razor wire, plastic or chain-link is
prohibited.
Vehicular Use Area
(i)
All parking areas must contain a minimum of two (2) Class “A”
trees or four (4) Class “B” trees for every fifteen (15) parking
spaces, or fraction thereof.
(ii)
All vehicular use areas shall be required to have a minimum of
ten (10) percent of the total vehicular use area landscaped with
trees, shrubs and ground cover other than turf grass.
(iii)
No parking space is allowed to be further than forty (40) feet from
a Class “A” tree.
(iv)
Impervious parking areas must include tree plantings designed to
result in forty (40) percent shading of parking lot surface areas
within fifteen (15) years.
(v)
Service Areas
!
Utility areas, mechanical equipment or designated loading
space shall be located at the rear of the building. Service
areas should be designed to be part of the primary building
for new construction.
!
If the service area is separate from the building it serves, it
must be enclosed by a six (6) foot opaque, wood, or masonry
fence. The fence shall be maintained in a structurally sound
manner, in good appearance, replaced when necessary and
kept free of refuse and debris.
!
All exterior trash, exposed storage areas, machinery, service
areas, truck loading areas, utility buildings, air conditioning
units and other similar structures must be screened from
view from neighboring properties and streets with the same
materials, color and/or style as the primary building in order
to be architecturally compatible with the primary building.
!
All roof equipment must be screened from public view so as
not to be visible from the street.
Design Standards
1.
Building Materials
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a.
Exterior Building Materials
(i)
(ii)
b.
Section 8.221
Permitted
!
Unpainted or painted standard grey concrete masonry units.
!
Residential type Vinyl or Aluminum siding (i.e. simulatedlapped board types).
!
Non-Architectural type pre-engineered metal building wall and
roof components (trapezoidal panels with exposed fasteners,
etc.).
!
Exterior Insulation Finish System (i.e. FIFS one-coat soft
systems).
!
Non-architectural type asphalt shingles (i.e. three-tab asphalt
shingles).
!
Non-Exposed Low Pitch Roofing Systems (i.e. Built-up roofing,
modified bitumen, EPDM, sprayed foam, etc.).
Not Permitted
!
Ceramic tile.
!
Stucco (three-coat hard systems with hard or synthetic finish
coat).
!
Architectural type metal wall and roof panels (standing-seam
panels, flush panels, etc. with concealed fasteners).
!
Wood and/or Composite type siding and trim (i.e. beveled
lapped siding, Hardiplank siding/trim and wood trim).
!
Wood, Vinyl and Metal Soffit Panels (i.e. finished wood trim,
perforated Hardiplank panels, vinyl or metal interlocking
panels, aluminum vents, etc.).
!
Decorative type concrete masonry units (i.e. split-faced,
ground face, ribbed, brick, etc.).
Roof Type
(i)
The main roof type must be of gable or hip design. Dormers or
other architectural features may be included in the main roof
design.
(ii)
Exposed High Pitch roofing (architectural-type asphalt shingles,
slate
shingles,
clay
tile
shingles,
wood
shingles,
composite/cementitious simulated slate shingles, and metal
shingles, etc.).
Jefferson Highway Urban Design District Four
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A.
Purpose
To provide guidelines for development activity within the Jefferson Highway Urban
Design District (District) as shown in Appendix G, which include lots fronting the south
side of Jefferson Highway from Ward’s Creek to Bluebonnet Road. This District is to
strengthen the physical and economic character of the neighborhood by mitigating or
avoiding functional and architectural incompatibility of buildings or uses.
B.
Permitted Uses
1.
Single family residential
2.
Town homes and duplex with a maximum of two stories with attached and
enclosed garages within townhouse subdivisions developed in accordance with
Section 4.9 of the UDC and otherwise in compliance with all other requirements
of the UDC and particularly Section 8.221.
3.
Neighborhood Office
Office building with a maximum of six thousand (6,000) gross square footage of
floor area and a maximum height of two and a half (2 ½) stories are also
permitted.
C.
Standards for Development
Any “development” as defined in Section 10.102h zoned UDD 4 must comply with the
requirements imposed based on this zoning classification as well as the additional
requirements set forth therein.
AIRPORT ZONING
Section 8.301
Zones
In order to carry out the provisions of the Unified Development Code, there are hereby created
and established certain zones which include all of the land lying within the precision
instrument approach zones, non precision instrument approach zones, transition zones,
horizontal zone, and conical zone. Such areas and zones are shown on the Ryan Airport
Zoning Map consisting of one sheet, prepared by the East Baton Rouge Parish Department of
Public Works and dated July, 1974, a copy of which is on file and of record in the Office of the
Parish Clerk. The various zones are hereby established and defined as follows:
A.
PRECISION INSTRUMENT APPROACH ZONE—An instrument approach zone is
established at the NW end of the instrument runway 13/31 for precision instrument
landings and takeoffs. The instrument approach zone shall have a width of one
thousand (1,000) feet at a distance of two hundred (200) feet beyond the physical end of
the runway, widening thereafter uniformly to a width of sixteen thousand (16,000) feet
at a distance of fifty thousand two hundred (50,200) feet beyond the physical end of the
runway, its centerline being the continuation of the centerline of the runway.
B
NON PRECISION INSTRUMENT APPROACH ZONE -WITH VISIBILITY MINIMUMS
GREATER THAN THREE FOURTHS (¾) OF A MILE—A non-precision instrument
approach zone is established at each end of runway 4/22 for non-precision instrument
approaches for landings and takeoffs. The non precision instrument approach zone
shall have a width of five hundred (500) feet at a distance of two hundred (200) feet
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beyond the physical end of the runway, widening thereafter uniformly to a width of
three thousand six hundred (3,600) feet at a distance of ten thousand two hundred
(10,200) feet beyond each physical end of the runway, its centerline being the
continuation of the centerline of the runway.
C.
NON PRECISION INSTRUMENT APPROACH ZONE WITH VISIBILITY MINIMUMS AS
LOW AS THREE FOURTHS (¾) OF A MILE—A non precision instrument approach zone
is established at the SE end of Runway 13/31 for non precision instrument approaches
for landing and takeoffs. The non precision instrument approach shall have a width of
one thousand (1,000) feet at a distance of two hundred (200) feet beyond the physical
end of the runway widening thereafter uniformly to a width of four thousand (4,000)
feet at a horizontal distance of ten thousand two hundred (10,200) feet from the
physical end of the runway, its centerline being the continuation of the centerline of the
runway.
D.
TRANSITION ZONES—These zones are hereby established as the area beneath the
transitional surfaces which extend outward and upward at ninety (90) 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. The primary surface is
centered longitudinally on the runway, extends two hundred (200) feet beyond each
physical end of the runway, is one thousand (1,000) feet wide for Runway 13/31, is five
hundred (500) feet wide for Runway 4/22, and the elevation of any point on the primary
surface is the same as the elevation of the nearest point on the runway centerline.
Transitional zones for those portions of the precision approach zone 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 zone and at ninety (90)
degree angles to the extended runway centerline.
E.
HORIZONTAL ZONE—A horizontal zone is hereby established as the area within a figure
constructed 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 lines
tangent to those arcs.
When an adjacent arc or tangent encompasses an arc or tangent it shall be disregarded
in the construction of the perimeter of the horizontal zone. The horizontal zone does
not include the approach and transitional zones.
F.
CONICAL ZONE—A conical zone is hereby established as the area that commences at
the periphery of the horizontal zone and extends outward there from a distance of four
thousand (4,000) feet. The conical zone does not include the instrument approach
zones and transition zones.
Section 8.302
Height Limitations
Except as otherwise provided in the Unified Development Code, no structure or tree shall be
erected, altered, allowed to grow, or maintained in any zone created by the Unified
Development Code to a height limit herein established for such zone. Such height limitations
are hereby established for each of the zones in question as follows:
A.
PRECISION INSTRUMENT APPROACH ZONE—One (1) foot in height for each fifty (50)
feet in horizontal distance beginning at a point two hundred (200) feet from and at the
centerline elevation of the end of the instrument runway and extending to a distance of
ten thousand two hundred (10,200) feet from the end of the runway; thence one (1) foot
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in height for each (40) feet in horizontal distance to a point fifty thousand two hundred
(50,200) feet from the end of the runway.
B.
NON PRECISION INSTRUMENT APPROACH ZONES—One (1) foot in height for each
thirty-four (34) feet in horizontal distance beginning at a point two hundred (200) feet
from and at the centerline elevation of the end of the non precision instrument runway
and extending to a point ten thousand two hundred (10,200) feet from the physical end
of the runway.
C.
TRANSITION ZONES—One (1) foot in height for each seven (7) feet in horizontal
distance beginning at the side of and at the same elevation as the primary surface and
the approach zones and extending to a height of one hundred fifty (150) feet above the
airport elevation, which is seventy (70) feet above mean sea level.
In addition to the foregoing, there are established height limits sloping upward and
outward seven (7) feet horizontally for each foot vertically beginning at the side of and at
the same elevation as the approach zones and extending to where they intersect the
conical surface. Where the precision instrument runway approach zone projects
beyond the conical zone, height limits sloping upward and outward seven (7) feet
horizontally for each foot vertically shall be maintained beginning at the sides of and at
the same elevation as precision instrument runway approach surface, and extending to
a horizontal distance of five thousand (5,000) feet measured at ninety (90) degree angles
to the extended runway centerline.
D.
HORIZONTAL ZONE—One hundred fifty (150) feet above the airport elevation or a
height of two hundred twenty (220) feet above mean sea level.
E.
CONICAL ZONE—One (1) foot in height for each twenty (20) feet of horizontal distance
beginning at the periphery of the horizontal zone extending to a height of four hundred
twenty (420) feet above the airport elevation.
F.
EXCEPTED HEIGHT LIMITATIONS—Nothing in the Unified Development Code shall be
construed as prohibiting the growth, construction, or maintenance of any tree or
structure to a height up to one hundred twenty-five (125) feet above the surface of the
land except in the approach and transition zones.
Where an area is covered by more than one (1) height limitation, the more restrictive
limitation shall prevail.
Section 8.303
Use Regulations
From and after the taking effect of this Part, it shall be unlawful to put any land located within
any zone hereby created to any of the following additional uses:
A.
Any use, which would create unreasonable electrical interference with navigational
signals or radio communication between the airport and aircraft, or unreasonably
interfere with electronic navigational aids established for the airport.
B.
Any use which would make it difficult for pilots to distinguish between airport lights
and others.
C.
Any use which would result in glare in the eyes of the pilots using the airport.
D.
Any use which would impair visibility in vicinity of the airport.
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E.
Any use which would otherwise endanger the landing, taking off, or maneuvering of
aircraft.
F.
Any business, structure, growth, or occupation which by its very nature is inherently
dangerous or hazardous as respects likelihood of causing or resulting in injury or
damage to aircraft or persons using Ryan Airport or flying in the vicinity, thereof, except
as otherwise provided hereinafter.
G.
Any other use or uses, which would be detrimental, hazardous, or injurious to the
safety of aircraft using the Ryan Airport or maneuvering in the vicinity, thereof, or to
the health, safety, or general welfare of airport personnel and other persons using said
airport except as otherwise provided hereinafter.
Section 8.304
Nonconforming Uses
A.
EXISTING NONCONFORMING USE—The regulations prescribed by this Part shall 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, hereof, or to
otherwise interfere with the continuance of any nonconforming use. Nothing, herein,
contained shall require any change in the construction, alteration, or intended use of
any structure for which the necessary permits were issued and the construction or
alteration of which was begun prior to the effective date of this part.
B.
ALTERATION OF NONCONFORMING USES—Before any nonconforming structure or
tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher,
or replanted, a permit must be secured from the Building Official authorizing such
replacement, change, or repair. No permit shall be granted that would allow a structure
or tree, or nonconforming use to be made or become higher or become a greater hazard
to air navigation than it was when this part became effective; and whenever the
Building Official determines that a nonconforming structure or tree has been
abandoned or more than eighty (80) percent torn down, destroyed, deteriorated, or
decayed:
1.
No permit shall be granted that would allow said structure or tree to exceed the
applicable height limit or otherwise deviate from the zoning regulations; and
2.
Whether application is made for a permit under this paragraph or not, the
Building Official may by appropriate action compel the owner of the
nonconforming structure or tree, at his own expense, to lower, remove,
reconstruct, or equip such object as may be necessary to conform to the
regulations, or if the owner of the nonconforming structure or tree shall neglect
or refuse to comply with such order for ten (10) days after notice, thereof, the
said Building Official may proceed to have the object so lowered, removed,
reconstructed, or equipped and assess the cost and expense thereof upon the
object or the land whereon it is or was located. Unless such an assessment is
paid within ninety (90) days from the service of notice thereof on the agent or
owner of such object or land, the sum shall bear interest at the rate of ten (10)
percent per annum until paid and shall be collected in the same manner, as are
general taxes.
Section 8.305
A.
Administrations
The administration and enforcement of this Part shall be the responsibility of the
Building Official of the Parish of East Baton Rouge.
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B.
Applications for permits shall be made to the Building Official upon a form furnished by
him. Applications, which are by this Part to be decided by the Building Official, shall be
promptly considered and granted or denied by him. The Building Official shall
forthwith transmit applications for action by the Board of Adjustment to the Board of
Adjustment for hearing and decision.
Section 8.306
A.
B.
C.
Permits shall be obtained in each of the following instances:
1.
Where it is desired to increase the height of an existing structure to a point,
which is less than ten (10) feet below the height limit within any zone hereby
created.
2.
Where it is desired to increase the height of any structure, which already
projects upward to a point, which is less than ten (10) feet below the height limit
within any zone hereby created.
3.
Where it is desired to erect a new or additional structure, which will project
upward to a point, which is less than ten (10) feet below the height limit within
any zone hereby created.
How obtained:
1.
Application for such permit shall be made to the Building Official of the Parish of
East Baton Rouge.
2.
Each such application shall indicate the purpose for which the permit is desired
with sufficient particularity to permit a determination of whether the structure
will conform to the regulations, herein, prescribed.
3.
If the Building Official determines that the structure will conform to the
regulations, the permit shall be granted.
Variances:
1.
D.
Permits
Any person desiring to erect any structure, increase the height of any structure,
permit the growth of any tree, or otherwise use his property in violation of
airport zoning regulations adopted under this Part may apply to the Board of
Adjustment for a variance from the zoning regulations in question. Such
variance shall be allowed where a literal application or enforcement of the
regulations would result in practical difficulty or unnecessary hardship and the
relief granted would not be contrary to the public interest but do substantial
justice and be in accordance with the spirit of the regulations and this Part
provided that any variance may be allowed subject to any reasonable conditions
that the Board of Adjustment may deem necessary to effectuate the purposes of
this Part.
Hazard Marking and Lighting:
1.
In granting any permit or variance under this Section, the Building Official or
Board of Adjustment may, if it deems such action advisable to the effectuate the
purposes of the Part and reasonable in the circumstances, so condition such
permit or variance as to require the owner of the structure or tree in question to
permit the East Baton Rouge Airport Commission at its own expense to install,
operate, and maintain suitable obstruction markers and obstruction lights
thereon.
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Chapter 17
PARKING
OFF-STREET PARKING & LOADING REQUIREMENTS
Section 17.1
Purpose
The following regulations require off-street parking and loading facilities in proportion to the
need created by each use. The regulations further establish standards for the functional
design of such facilities. These regulations are intended to provide for accommodation of
vehicles in a functionally and aesthetically satisfactory manner to reduce congestion on city
streets to minimize external effects on adjacent land uses and minimize adverse impacts to the
environment.
Section 17.2
General Regulations
Applicability: Off-street parking shall be provided for any new building constructed, new uses,
conversions of existing conforming buildings, or for enlargements of existing structures.
Section 17.3
Off-Street Parking
In all cases where off-street parking is required under the provisions of the Unified
Development Code, the area to be utilized for parking shall be on-site, owned by the applicant,
and accessible to pedestrians for the uses for which it serves.
A.
For new uses, conversions, or enlargements of existing conforming buildings, off-street
parking in compliance with these regulations shall be provided for the entire facility
before issuance of a certificate of occupancy.
B.
For enlargements of existing structures or uses, which do not conform to these
regulations, required parking must equal the sum of those spaces furnished by the use
prior to the enlargement and the number of spaces required by these regulations for
any additional use.
C.
Reduction in Off-Street Parking Facilities: No existing facility used for off-street parking
shall be reduced in capacity to less than the minimum required number of spaces or
altered in design or function to less than the minimum standards prescribed by this
section. A reduction of spaces may be permitted if an additional off-street parking area
compensating for the reduction and conforming to these regulations is substituted.
D.
Shared Use Parking: For sites or structures with more than one (1) use, the parking
requirement shall be the sum of spaces required for each use when the multiple uses
occur simultaneously. For non-simultaneous use the parking requirements for each
use must be determined, and the usage requiring the greater number of parking spaces
will govern. The Planning Director may authorize a waiver not to exceed 50% of the
number of required off-street parking spaces for multiple-use non-simultaneous
contiguous developments that have different peak parking demands or different
operating hours.
1.
Required Study and Analysis: The applicant shall submit a stamped shared
parking analysis prepared by a Licensed Design Professional to the Planning
Director or his/her designee with Parking Waiver application and fees that
clearly demonstrates the feasibility of shared parking. Factors evaluated to
establish shared parking arrangements should include and not be limited to
operating hours, seasonal/daily peaks in parking demand, the site’s orientation,
location of access driveways, transit service, and a pedestrian and bicycle
circulation plan.
2.
E.
Methodology of Calculation of Parking Spaces Required with Shared Parking:
The minimum number of parking spaces for multiple-use non-simultaneous
contiguous developments where shared parking strategies are proposed shall be
determined by following the methodology of the most recent Urban Land
Institute (ULI) or Institute of Transportation Engineers (ITE) Shared Parking
Guidelines.
Maintenance and Use of Off-Street Parking Facilities: All required off-street parking
facilities shall be maintained for the duration of the use requiring such facilities.
Section 17.4
Parking Space Defined
A standard parking space is an area sufficient in size to store one automobile (not less than
nine (9) feet wide and twenty (20) feet long) which is connected to a public street or alley by an
aisle and/or driveway designated in such a manner that (except for single-family dwellings)
adequate maneuvering areas are provided and backing onto or off the street right-of-way will be
prohibited. Dimensions for minimum parking standards can be found in Appendix A –
Parking, Streets, and Roadways.
Section 17.5
Accessible Parking
Regulations and dimensions for Handicapped Parking Spaces have been taken from the ADA Americans with Disabilities Act (Public Law 101-136). This act prohibits discrimination on the
basis of disability in places of public accommodations and commercial facilities.
The required number of accessible spaces is:
Total Parking Spaces in Lot
1 to 25
26 to 50
51 to 75
76 to 100
101 to 150
151 to 200
201 to 300
301 to 400
401 to 500
501 to 1000
1,001 and over
Minimum Number of Accessible Spaces
1
2
3
4
5
6
7
8
9
2 percent of total
20 plus 1 for each 100 over 1,000
A.
Location: Accessible parking spaces serving a particular building shall be located on
the shortest accessible route of travel from adjacent parking to an accessible entrance.
In parking facilities that do not serve a particular building or buildings with multiple
entrances, accessible parking shall be located on the shortest accessible route of travel
to an accessible pedestrian entrance of the parking facility.
B.
Dimensions: Accessible parking spaces shall be at least ninety-six (96) inches wide.
Parking access aisles shall be part of an accessible route to the building or facility
entrance; two accessible parking spaces may share a common access aisle. Parking
spaces and access aisles shall be level with surface slopes not exceeding one to fifty
(1:50) / two (2) percent in all directions. Access aisles adjacent to accessible spaces
shall be sixty (60) inches wide minimum.
One (1) in every eight (8)
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May 2013
17 - 2
handicapped/accessible spaces but not less than one (1) shall be served by an access
aisle ninety-five (95) inches wide minimum and shall be designated “van accessible”. All
such spaces may be grouped on one (1) level of a parking structure. See Appendix A –
Parking, Streets, and Roadways.
C.
Signage: Accessible parking spaces shall be designated as reserved by a sign showing
the symbol of accessibility. Such signs shall be located so a vehicle parked in that
space cannot obscure them. Van accessible spaces shall have an additional sign “Van
Accessible” mounted below the symbol of accessibility. Such signs shall be located so a
vehicle parked in the space cannot obscure them. See Appendix A.
D.
Passenger Loading Zones: Passenger loading zones shall provide an access aisle at
least sixty (60) inches wide and twenty (20) feet long adjacent and parallel to the vehicle
pull-up space with complying curb ramp.
E.
Vertical Clearance: Minimum vertical clearance of one hundred fourteen (114) inches at
accessible passenger loading zones and along at least one vehicle access route to such
areas from site entrance(s) and exit(s) shall be provided. Van parking spaces shall
provide minimum vertical clearance of ninety-eight (98) inches at the parking space and
along at least one (1) vehicle access route to such spaces from site entrance(s) and
exit(s).
Section 17.6
Compact Auto Parking Spaces
Compact auto parking spaces shall be eight (8) feet wide by seventeen (17) feet long. Compact
spaces may be used in commercial parking uses provided that the spaces are clearly marked as
compact parking spaces and not more than thirty (30) percent of the entire area is designated
compact auto parking. In commercial parking lots of fifty (50) spaces or more, up to forty (40)
percent of the spaces may be compact auto parking spaces.
Section 17.7 Schedule of Off-Street Parking Requirements
Parking facilities for each use shall be provided in accord with the minimum requirements set
forth in Table 1. Definitions and descriptions of uses are listed in Chapter 2 of the Unified
Development Code.
A.
When a computation of required parking results in a fraction of five tenths (.5) or
greater, the requirement should be rounded up to the next whole number.
B.
Unless otherwise indicated parking requirements are based on square footage of floor
area.
TABLE 1: OFF-STREET PARKING REQUIREMENTS
USE
RESIDENTIAL
Single family
Two family (duplex)
Multi-family (1 bedroom)
Multi-family (2 bedrooms)
Multi-family (3 bedrooms)
Multi-family (4 bedrooms)
Dormitories & lodging houses (which
includes rooming/boarding houses)
Fraternity & sorority houses
PARKING REQUIREMENT
2 spaces per unit
2 spaces per unit
1 spaces per unit
2 spaces per unit
2.5 spaces per unit
4 spaces per unit + 10% additional spaces
1 space per bedroom
1 space/5 active members
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17 - 3
TABLE 1: OFF-STREET PARKING REQUIREMENTS
USE
PARKING REQUIREMENT
Group homes, halfway homes, & special 1 for each 3 beds
homes
Townhouses
2 spaces/dwelling unit
COMMUNITY SERVICES USES
PARKING REQUIREMENT
Churches
1 space/4 seats fixed seats and/or 1 space/32
sq. ft. of assembly floor area without fixed seats
Hospitals
2 spaces per bed + 1 space/300 sq. ft. of
office/administrative space
Elementary school
1.5 spaces/classroom + 10 visitor spaces and 1
per 2000 sq. ft. of total building area
Middle school
High school
Trade schools, colleges, & universities
1.5 spaces/classroom + 20 visitor spaces and 1
per 10% of bleacher capacity or seating capacity
of auditorium
1.5 spaces/classroom + 20 visitor spaces and 1
per 20% of student capacity or 20% of event
parking, whichever is greater
10 spaces/classroom + 1 space per every 300 sq.
ft. of office/administrative space
COMMUNITY SERVICES USES
Art galleries & museums
Bus/transportation depots
PARKING REQUIREMENT
1 space/300 sq. ft. floor area
1 space/100 sq. ft. of assembly area + 300 sq. ft.
of office/administrative space
Community centers
1 space /32 sq. ft. of assembly floor area + 1
space/300 sq. ft. of office/ administrative space
Libraries
1 space/200 sq. ft. floor area
Nursing homes
1 space/3 beds + 1 space per every 300 sq. ft. of
office/administrative space
Private institutions, clubs, lodges, & 1 space/32 sq. ft. of assembly area + 300 sq. ft.
union halls
of office/administrative space
Retirement homes, assistant living, & 1 space/5 units + 1 space per every 300 sq. ft. of
congregate care
office/administrative space
PARKING REQUIREMENT
PLACES OF ASSEMBLY
Bowling alleys
4 spaces/alley
Health clubs & spa’s
1 space/200 sq. ft. of gross floor area
Miniature golf courses
2 spaces/hole
Movie theaters
1 space/4 seats + 1 space/250 sq. ft. of employee
work area
Recreation Facilities
1 space/250 sq. ft. of floor area
Skating rings
1 space/100 sq. ft. floor area
Stadiums, arenas, auditoriums, theaters, 1 space/4 fixed seats and/or 1 space/32 sq. ft. of
& exhibitions
assembly floor area without fixed seats
Tennis courts
3 spaces/court
RETAIL AND SERVICE USES
Auto maintenance facilities-fast service
Banks (full service)
Barber/beauty shops
PARKING REQUIREMENT
1 space per every 200 sq. ft. of floor area
1 space/300 sq. ft. floor area
1 space/150 sq. ft. floor area
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TABLE 1: OFF-STREET PARKING REQUIREMENTS
USE
Bars, lounges, & nightclubs
PARKING REQUIREMENT
1 space/25 sq. ft. patron area + 1 space per every
100 sq. ft. of employee floor area. patron
area=area where goods are consumed
Car repair garages
3 space per every repair bay + 1 space per every
250 sq. ft. of office/ administrative space
Car Sales, New
1 space /250 sq. ft. floor area
Car Sales, Used
1 space/1500 sq. ft. of lot + 1 space per every
300 sq. ft. of office/administrative space
Car washes
1
space
per
every
100
sq.
ft.
of
office/administrative space
Day care centers (children or adult)
1 space/5 children or adult enrolled + 1 space
per every 300 sq. ft. of office/administrative
space
Drive-in restaurant & drink dispensaries 1 space/100 sq. ft. floor area
Furniture, appliances, & carpet sales
1.2 for each 1000 sq. ft. gross floor area
Lumber & heavy equipment sales
1 space for each 1500 sq. ft. of gross floor area
Hotels & motels
1 space/each guest unit + 1 space per 32 sq. ft.
assembly area + 1 space/250 sq. ft. of office area
Mini warehouse storage, self-service 1 space per dwelling units, + 1 space per 200 sq.
storage facility
ft. of office area with minimum of 5 spaces.
Mortuaries/funeral homes
1 space/50 sq. ft. floor area
Outdoor market
1 space/300 sq. ft. floor area
Restaurants
1 space per every 75 sq. ft. of dining area + 1
space for every 250 sq. ft. of employee space
Restaurant, Specialty
1 space per 100 sq. ft. of dining area + 1 space
per 250 sq. ft. of employee space
Riverboat Gaming
1 space ea./50 sq. ft. floor area + 1 space per
every 100 sq. ft. of employee floor area
Service stations, Full
4 spaces plus 1 space per lubrication rack
Service stations, Self-serve
1 space per 1 gas pump, and 1 space per 200 sq.
ft. sales area
Shopping centers, other retail, & service 1 space/300 sq. ft. floor area
uses (see 17.3.D)
OFFICES AND CLINICS
PARKING REQUIREMENT
Medical clinic
1 space per examining room + 1 space per every
300 sq. ft. of office/administrative space
Other professional & business offices
1/300 sq. ft. floor area
Veterinary services
3 spaces + 1/400 sq. ft. floor area
INDUSTRIAL USES
PARKING REQUIREMENT
Furniture repair, upholstery shops
1 space per each 200 sq. ft. of sales/office area
Manufacturing
1 space per each 400 sq. ft. for establishments
containing up to 10,000 sq. ft. and 25 spaces for
over 10,000 sq. ft.
Storage & distribution centers
1 space per 200 sq. ft. of sales/office area
Warehouse & wholesale establishments
1 space per each 200 sq. ft. of sales/office area
Section 17.8
Parking Surface Type
Regardless of surface type, all parking spaces shall be clearly and permanently marked or
designated. All parking surfaces shall be constructed in accordance with the manufacturer’s
design specifications and certified to be acceptable by the design professional for the project.
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The table below summarizes surface types for four (4) distinct parking lot areas.
Impervious
Surface
Hard Pervious
Surface
Aisles & Drives
X
X
Parking Spaces
Handicapped Parking
Spaces1
Parking Spaces in
excess of UDC required
parking
X
X
X
X
Parking Lot Areas
1
2
3
4
X
Pervious
Aggregate
Surface
Green
Pervious
Surface3
X2
X4
X
X
Must meet ADA standards
For restrictions see UDC 17.8.D below
Must be part of Stormwater Management Plan
For restrictions see UDC 17.8.E below
A.
All parking aisles and connecting driveways shall be surfaced with an Impervious
Surface or Hard Pervious Surface type.
B.
All parking spaces required by UDC 17.7 may be paved with Impervious, Hard Pervious
or Green Pervious Surface types, with the exception of Handicapped Parking Spaces,
which may not be paved with Green Pervious Surface types.
C.
Parking that encroaches upon the critical root zone of a tree to be preserved, defined as
one (1) foot of radius from the trunk for every one (1) inch of trunk diameter at breast
height, shall be constructed of a pervious surface type in a way that does not adversely
impact the root system. These parking areas must be depicted on the site plan.
D.
Pervious Aggregate Surface types may be used only for parking spaces in the critical
root zone of a tree and/or for parking in excess of the UDC requirements when the
following condition is met:
1.
E.
F.
Pervious aggregate surfacing shall be contained by permanent edging.
Permanent edging shall not sever roots that are two (2) inches diameter or
greater. Permanent edging shall not penetrate natural grade greater than three
(3) inches in depth within the critical root zone of a tree.
Green Pervious Surface types may be used when the following conditions are met:
1.
For parking spaces which are utilized seasonally, or to a degree that may
reasonably be expected to preserve the health of vegetative ground cover; or
2.
For parking spaces in any parking area in the critical root zone of an existing or
proposed tree.
For developments providing parking in excess of the number required by UDC 17.7, the
following conditions apply:
1.
Excess parking created that is less than an additional ten (10) percent or fifty
(50) spaces (whichever is less) than the requirements set forth in UDC 17.7 may
use any of the approved surface types listed in this chapter for the additional
spaces;
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2.
For excess parking created that is equal to or greater than an additional ten (10)
percent or fifty (50) spaces (whichever is less) than the requirements set forth in
UDC 17.7, all excess spaces must be either Hard Pervious, Green Pervious or
Pervious Aggregate surface types.
Section 17.9
Other Uses
For all other uses not listed in Table 1 when the Building Official deems it necessary, parking
requirements will be determined by the Department of Public Works based on accepted
Institute of Traffic Engineering (ITE) standards.
Section 17.10
Accessory Storage
For uses in the LC1, LC2, LC3, C1, HC1, HC2, or C2 Zoning Districts where accessory storage
is allowed and exceeds fifty (50) percent of the floor area, the requirement is one (1) space for
each two hundred (200) square feet of sales or office area and one (1) space for each two
thousand (2,000) square feet of storage floor area.
Section 17.11
C-AB Zoning
The definition of and delineation between NC-AB, C-AB-1, and C-AB-2 uses will be made based
on the criteria established by the Alcoholic Beverage Commission (ABC) Board. In the event of
a change of use or C-AB zoning classification, additional parking may be required upon
inspection.
Section 17.12
Design Standards
A.
No permits shall be issued for any parking facility until the plans and specifications
including required landscaping, screening, materials, and stormwater management
have been submitted for review and are in compliance with the ordinance requirements
as determined by the Department of Public Works. These plans and specifications shall
include proper drainage, stormwater best management practices (BMPs), surface
materials, curbing, and screening as required clearly marked and dimensioned with
handicap and other special use spaces designated. All entrances, exits, and aisles shall
be dimensioned with the traffic movements indicated in accordance with the
requirements of the Manual on Uniform Traffic Control Devices.
B.
All parking facilities shall be designed and built in such a way that the facility makes a
minimal impact on the environment through the use of compact layouts, pervious
surfaces and stormwater best management practices.
C.
All parking facilities shall meet the following criteria as established by the Department
of Public Works:
1.
No parking spaces will be permitted on corner lots within the Sight Distance
Triangles defined in Appendix A – Parking, Streets, and Roadways.
2.
No parking spaces may be permitted closer to the roadway edge or curb than ten
(10) feet.
When parking is perpendicular to a public sidewalk or property line, barrier
curbing shall be installed two (2) feet-six (6) inches from the sidewalk or
property line to prevent the vehicle from overhanging the sidewalk or property
line.
3.
4.
On lots having a frontage of fifty (50) feet or less, only one (1) combined
entrance-exit shall be permitted. On lots having a frontage in excess of fifty (50)
feet but less than two hundred (200) feet, there shall be no more than two (2)
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combined entrance-exits.
On property having frontage on City-Parish
maintained streets and roadways in excess of two hundred (200) feet, additional
drives may be permitted but only when traffic generated by the use warrants the
additional drives and the design has been approved by the City-Parish
Department of Public Works.
5.
All entrance-exits (driveways) on City-Parish streets and roadways shall follow
minimum design criteria as found in Appendix A - Design Criteria for Parking,
Streets, and Roadways for excluding driveways for single family residential uses.
6.
Wreckers, buses for hire (excluding school buses used primarily for transporting
school children), trucks, or semi-trailers with more than two (2) axles or with a
payload capacity in excess of two thousand (2,000) pounds are prohibited from
parking on, in, or adjacent to any lot in the A1, A2, A2.5, A3, and A4 Zoning
Districts, on the drive, in the front yard between the front of the residence and
the street, or in front of the residence on the street in recognized subdivisions in
the R Zoning District.
Section 17.13
General Rules and Exceptions to Parking Requirements
A.
No parking spaces need be provided in the C5 Zoning District with the exception of
gaming uses.
B.
In the GU Zoning District all parking areas, lots, and parking garages shall be
adequately lighted, hard surfaced, and properly drained including stormwater BMPs, to
prevent standing surface water and improve water quality. Parking lots and areas shall
be suitably landscaped and designed so as to be aesthetically pleasing and reduce
pedestrian/vehicle conflicts. Parking garages shall be provided and maintained with
proper barriers to adequately and surely prevent vehicles from moving when parked. A
sufficient number of parking spaces shall be provided to adequately accommodate the
needs generated by the intensity of buildings and land uses permitted. Parking areas,
lots, and parking garages shall be subject to the approval of the Planning Commission
and adoption by the City-Parish Council.
C.
In the LC, C, HC, CW, and M Zoning Districts within fifty (50) feet of an A Zoning
District measured from either side line and parallel to the street, no parking lot with a
capacity of more than three (3) cars shall be located in a front yard.
D.
Parking spaces may be provided in any yard in the A1, A2 A3, A4, B, N, GO, C, LC, HC,
CW, and M Zoning Districts except that:
1.
In the N, B, GO, C, LC, HC, CW, and M Zoning District, no parking shall be
provided in the front yard unless there is sufficient width and depth to provide
both parking spaces and maneuvering area with limited access to the street.
2.
In the A1 and A2 Zoning Districts, schools, churches, and country clubs may
provide off-street parking spaces in the front yard provided that no spaces are
located closer to the street than the required front yard of twenty-five (25) feet in
the A1 and the A2 Districts.
3.
In the N and B Zoning Districts where there are adjacent residences or adjacent
residential zoning, a five (5) foot side yard shall be provided with no parking or
paving permitted to extend into that side yard.
4.
No roof may be placed over these spaces unless meeting the yard requirements
of Sections 11.3, 11.4, 11.5, and 9.2.
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5.
In the A, B1, B, NC, NO, GO, LC, HC, C1, C2, C-AB-1, C-AB-2, CG, CW, M1, and
M2 zoning districts no parking shall be allowed within ten (10) feet of the rightof- way line of any street.
E.
All parking areas and driveways located within a servitude except those that provide
access to a site shall be approved by the Department of Public Works and the user
agency having jurisdiction over such servitude.
F.
Transit Incentives: the minimum parking requirement may be reduced up to ten (10)
percent if the use provides a sheltered transit stop at an existing or prior approved bus
stop within the development. The sheltered transit stop must be approved by the
Planning Director and the Director of the Capital Area Transit System and maintained
by the property owner.
G.
In all Zoning Districts parking spaces may be provided on a separate contiguous lot or
lots within 100 feet of the lot if approved by the Building Official. Parking spaces may be
across rights-of-ways that do not consist of more than two (2) travel lanes. Except for
bars and lounges which must provide on-site parking.
Section 17.14
Off-Street Loading Requirements
A.
Freight Loading Space is a space within the main building or on the same property
having a minimum dimension of twelve (12) feet by thirty five (35) feet with a minimum
vertical clearance of nineteen (19) feet.
B.
Freight Maneuvering Space for loading is the unobstructed area needed for a truck to
back in a single movement on site into a loading space, the depth of which is measured
perpendicular to and from the front of the loading space to the right-of-way line of the
access street. Where such space is located in such a manner that a truck must back
directly into the loading space, a maneuvering space of fifty (50) feet shall be provided.
C.
No loading space shall be required for commercial or industrial buildings having floor
area of less than five thousand (5,000) square feet.
D.
Commercial or industrial buildings with a floor area of more than five thousand (5,000)
square feet shall provide one loading space on the lot for each twenty five thousand
(25,000) square feet of floor area or fraction thereof.
E.
School Bus Loading Requirement: When a school is provided school bus transportation;
off-street loading and unloading facilities shall be provided. Backing onto or off public
streets will not be allowed.
F.
A twelve (12) foot by thirty-five (35) foot with a minimum vertical clearance of fourteen
(14) foot school bus loading/unloading space shall be provided for each bus, based on
the maximum number of buses expected to be loading or unloading simultaneously.
G.
Existing buildings not complying with off-street parking or loading requirements may be
remodeled, repaired, and structurally altered but any enlargement must provide the
parking spaces as required by the enlargement. See Section 17.2 of this Unified
Development Code.
Section 17.15
A.
Reviews and Approval of Parking Lot Layout
For any off-street parking facilities as required by this Unified Development Code, a
layout plan drawn to a standard engineer’s scale (one (1) inch equals twenty (20), forty
(40), or fifty (50) feet) showing entrances, exits, servitudes, right-of-ways, curb lines,
Chapter 17 – Parking
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street centerlines, parking stalls, access aisles, maneuvering areas, loading spaces, and
connecting driveways shall be submitted to the Building Official for review.
B.
Before any building permit is issued, the parking lot layout must be found to be in
compliance with all ordinance requirements by the Building Official.
C.
Before an occupancy permit is issued for the building which the required parking facility
is to serve, the parking facility must be constructed and accepted by the Department of
Public Works as being in conformance with all requirements of this Unified Development
Code.
D.
Alterations or reductions of these requirements may be approved by the Planning
Commission where the applicant demonstrates that the specific use of a building would
make unnecessary the full number of parking spaces and/or driveways required by this
chapter. At the Metropolitan Council meeting following the decision of the Planning
Commission regarding requests for all such waivers, any Member of the Metropolitan
Council may introduce an appeal of said decision. Failure to appeal will make the
Planning Commission decision final.
Section 17.16
Bicycle Parking Guidelines
Bicycle parking spaces shall be provided for all proposed uses providing (50) fifty or more
vehicular off-street parking spaces with the exception of single family, two-family residential,
and temporary or seasonal uses (e.g., fireworks and Christmas tree stands).
A.
Developments must provide bicycle parking spaces and/or racks.
The required number of bicycle parking spaces is:
Total vehicular
spaces provided
Minimum number of
bicycle parking
50-75
2
76-100
4
101-200
5
201-300
6
301-400
7
401-500
8
501-600
10
601-700
12
701-800
14
801-900
16
901-1000±
18
Multi-Family Residential ratio is one (1) space per ten (10) units with no maximum. Bicycle
spaces must be distributed evenly throughout development for easy access.
B.
Location and design of Bicycle Parking Facilities.
Chapter 17 – Parking
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1)
Bicycle spaces shall be racks or lockers anchored to pavement or secured so
that they cannot be easily removed.
2)
A bike rack shall provide ability for one wheel and the frame of bicycle to be
secured with only a user-supplied lock without removing a wheel.
3)
Bicycle parking spaces shall be sufficiently separated from damage by motor
vehicles. The separation may be accomplished through grade separation,
distance or physical barrier, such as curbs, wheel stops, poles or other similar
features. The parking spaces shall be easily accessible from the main entrance.
4)
Bicycle spaces shall be two (2) foot wide by six (6) foot long. Racks must not be
placed close enough to a wall or other obstruction so as to make maneuvering
around rack difficult. An aisle or other space shall be provided for bicycles to
enter and leave the facility. There must be a minimum of four (4) feet space
between racks. One (1)U-shaped Rack will count as two (2) spaces.
C.
A bike rack detail and location must be included on the site plan.
D.
Bike rack examples can be found in Appendix A, Parking, Streets, and Roadways.
Chapter 17 – Parking
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Chapter 15
FLOODWAYS, FLOODPLAINS,
DRAINAGE AND WATER QUALITY
The Metropolitan Council may amend this Chapter upon its own motion or upon petition
without Planning Commission approval.
Section 15.1
A.
B.
Statement of purpose
It is the purpose of this chapter to promote the public health, safety, and general
welfare and to minimize public and private losses due to flood conditions in specific
areas by provisions designed to:
1.
Protect human life and health;
2.
Minimize expenditure of public money for costly flood control projects;
3.
Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4.
Minimize prolonged business interruptions;
5.
Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets, and bridges located in floodplains;
6.
Help maintain a stable tax base by providing for the sound use and development
of flood prone areas in such a manner as to minimize future flood blight areas;
and
7.
Insure that potential buyers are notified that property is in a flood area.
Definitions:
5-year storm is a 5-year design frequency
10-year storm is a 10-year design frequency
Appeal is a request for a review of the floodplain administrator’s interpretation of any
provision of this chapter or a request for a variance.
Area of Shallow Flooding is a designated AO, AH, or VO Zone on a community’s rate
map (FIRM) with a one (1) percent chance or greater annual chance of flooding to an
average depth of one (1) to three (3) feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable, and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard is the land in the floodplain within a community subject
to a one (1) percent or greater chance of flooding in any given year. The area may be
designated as Zone A on the flood hazard boundary map (FHBM). After detailed
ratemaking had been completed in preparation for publication of the (FIRM), Zone A
usually is refined into Zones A, AE, AH, AO, A1-99, VO, VI-30, VE, or V.
Agricultural Activities are farming, including plowing, tillage, cropping, seeding,
cultivating, harvesting, for the production of food or fiber products; aquaculture;
silviculture; viticulture; animal and poultry husbandry.
Base Flood is a flood having a one (1) percent chance of being equaled or exceeded in
any given year.
Chainwall is the exterior foundation wall used to elevate a structure above grade and
provide support for the structure’s exterior walls and floor system. The chainwall
extends around the periphery of the structure and shall not be construed to include
such items as driveways, courtyards, and loading docks or transitional grading.
Construction, Existing is for the purposes of determining rates, structures for which the
"start of construction" commenced before the effective date of the FIRM or before January
1, 1975, for FIRM's effective before that date. "Existing construction" may also be referred
to as "existing structures."
Detention basin is a specifically designed and engineered storm water management
facility whose primary purpose is to temporarily store storm water runoff resulting from
a development and slowly release it at a designed rate.
Development is any man-made change in improved and unimproved real estate including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment or materials.
Disturbance is any activity related to movement and removal of soil, addition or import
of soil, or the removal of trees, vegetation or brush from the land, not including the
regular mowing of open grassy areas.
Drainage way is a ditch, levee, watercourse, piping, or other natural or artificial
condition for the removal of surplus or excess surface water collecting or accumulating
on the land.
Elevated building is a non-basement building (i) built in the case of a building in Zones
Al-30, AE, A, A99, AO, AH, B, C, X, and D to have the top of the elevated floor or in the
case of a building in Zones Vl-30, VE, or V, to have the bottom of the lowest horizontal
structure member of the elevated floor elevated above the ground level by means of pilings,
columns (posts and piers), or shear walls parallel to the flow of the water and (ii)
adequately anchored so as not to impair the structural integrity of the building during a
flood of up to the magnitude of the base flood. In the case of Zones Al-30, AE, A, A99, AO,
AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or
solid foundation perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters. In the case of Zones Vl-30, VE, or V, "elevated building" also
includes a building otherwise meeting the definition of "elevated building" even though the
lower area is enclosed by means of breakaway walls if the breakaway walls meet the
standards of section 60.3(e)(5) of the National Flood Insurance Program regulations.
Erosion is the removal of soil through the actions of water or wind.
First Flush is the first sixty (60) minutes of a ten (10) year storm.
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
Flood or flooding is a general and temporary condition of partial or complete inundation
of normally dry land areas from:
A.
The overflow of inland or tidal waters; or
B.
The unusual and rapid accumulation or runoff of surface waters from any source.
Flood insurance rate map (FIRM) is an official map of a community on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard and
the risk premium zones applicable to the community.
Flood insurance study is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles and water surface elevation of the
base flood as well as the flood boundary-floodway map.
Flood proofing is any combination of structural and nonstructural additions, changes, or
adjustments to structures, which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures, and their contents.
Flood protection system is those physical structural works for which funds have been
authorized, appropriated, expended, and have been constructed specifically to modify
flooding in order to reduce the extent of the areas within a community subject to a "special
flood hazard" and the extent of the depths of associated flooding. Such as system typically
includes hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized
flood modifying works are those constructed in conformance with sound engineering
standard.
Floodplain is the area located in the one hundred (100) year flood plain as determined
by the Department of Public Works.
Floodplain or flood-prone area is any land area susceptible to being inundated by water
from any source (see definition of "Flooding").
Floodplain management is the operation of an overall program of corrective and
preventive measures for reducing flood damage including but not limited to emergency
preparedness plans, flood control works, and floodplain management regulations.
Floodplain management regulations are zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance), and other applications of
police power. The term describes such state or local regulations in any combination,
thereof, which provide standards for the purpose of flood damage prevention and
reduction.
Floodway (regulatory floodway) is the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
Footprint is the area enclosed within the external walls or periphery of a structure. For
elevated structures, trailers, and mobile homes, the footprint shall mean the vertical
projection of the external walls to the ground surface.
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
Functionally dependent use is a use, which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or
passengers, and ship building and ship repair facilities but does not include long-term
storage or related manufacturing facilities.
Habitable floor is any floor usable for the following purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage
purposes only is not a "habitable floor."
Highest adjacent grade is the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Landscape Area is a non-built upon area of land in which landscape materials are
placed, planted or maintained.
Levee is a man-made structure, usually; an earthen embankment designed and
constructed in accordance with sound engineering practices to contain, control, or divert
the flow of water so as to provide protection from temporary flooding.
Levee system is a flood protection system, which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and
operated in accordance with sound engineering practices.
Lowest floor is the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood-resistant enclosure usable solely for parking or vehicles, building
access, or storage in an area other than a basement area is not considered a building's
lowest floor provided that such enclosure is not built so as to render the structure in
violation of the applicable non-elevation design requirement of section 60.3 of the National
Flood Insurance Program regulations.
Manufactured home is a structure transportable in one (1) or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities.
For floodplain management
purposes, the term "manufactured home" also includes park trailers, travel trailers, and
other similar vehicles placed on a development for greater than one hundred eighty (180)
consecutive days. For insurance purposes, the term "manufactured home" does not
include park trailers, travel trailers, and other similar vehicles.
Manufactured Home Park or Subdivision, Existing is a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed before the effective date of the floodplain management regulations
adopted by a community.
Manufactured home subdivision is a subdivision which is primarily used by
manufactured homes or which is designated as such.
Mean sea level is for purposes of the National Flood Insurance Program, the North
American Vertical Datum (NAVD) of 1988 or other datum to which base flood elevations
shown on a community's flood insurance rate map are referenced.
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
New construction is for floodplain management purposes structures for which the "start
of construction" commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such
structures.
New Manufactured Home Park or Subdivision is a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed on or after the effective date of floodplain management regulations
adopted by a community.
Record inundation is the highest flood level recorded by the city-parish in an applicable
area.
Retention basin is a wet or dry stormwater holding area, either natural or manmade,
which does not have an outlet to adjoining watercourses or wetlands other than an
emergency spillway.
Right of Way is a strip of ground dedicated by the subdivider for public use, title to
which shall rest in the public for the purpose stated in the dedication.
Servitude is a strip existing or to be reserved by the subdivider, for public utilities,
drainage and other public purposes; the title to which shall remain with the property
owner, subject to the right of use designated in the reservation of the servitude; or a
strip of ground designated or intended to be used for access to building site.
Start of construction (for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub.
L. 97-348)) includes substantial
improvement and means the date the building permit was issued provided the actual start
of construction, repair, reconstruction, placement, or other improvement was within one
hundred eighty (180) days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site such as the pouring of slab
or footings, the installation of piles, the construction of columns, any work beyond the
stage of excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation such as clearing; grading;
filling; the installation of streets and/or walkways; excavation for basement, footings,
piers, or foundations; the erection of temporary forms; or the installation on the property
of accessory buildings such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building
whether or not that alteration affects the external dimensions of the building.
Structure is an object constructed or installed by man including but not limited to
buildings, towers, smokestacks, and overhead transmission lines.
Substantial damage is damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed forty (40)
percent of the market value of the structure before the damage occurred.
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
Substantial improvement is any repair, reconstruction, or improvement of a structure in
which the cost equals or exceeds forty (40) percent of the market value of the structure
either before the improvement or repair is started, or if the structure has been damaged
and is being restored, before the damage occurred. For the purpose of this definition,
"substantial improvement" is considered to occur when the first alteration of any wall,
ceiling, floor, or other structural part of the building commences whether or not that
alteration affects the external dimensions of the structure. The term does not, however,
include either any project for improvement of a structure to comply with existing state or
local health, sanitary or safety code specifications which are solely necessary to assure
safe living.
Treat (or treatment) of stormwater is to filter stormwater through plants, soil, gravel,
and/or other media to remove pollutants.
Variance is a grant of relief to a person from the requirements of this chapter when
specific enforcement would result in unnecessary hardship. A variance, therefore, permits
construction or development in a manner otherwise prohibited by this chapter (see section
60.6 of the National Flood Insurance Program regulations).
Violation is the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of compliance
required in section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood
Insurance Program regulations is presumed to be in violation until such time as that
documentation is provided.
Waiver of Local Freeboard is a grant of relief to a person from the freeboard requirements
of Section 8:852 which are in excess of the minimum requirements established in Section
60.6 of the National Flood Insurance Program Regulations.
Water Surface Elevation is the height in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified) of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
Section 15.2
Lands to which this chapter applies
This chapter shall apply to all areas within the jurisdiction of the City-Parish.
Section 15.3
Basis for establishing the areas of special flood hazard
The areas of special flood hazard identified by the Federal Emergency Management Agency in a
scientific and engineering report entitled, "The Flood Insurance Study for East Baton Rouge
Parish, Baton Rouge, and Vicinity," dated May 17, 1993 with accompanying flood insurance rate
maps and flood boundary-floodway maps (FIRM and FBFM) and declared to be a part of this
chapter.
Section 15.4
Establishment of development permit
A development permit shall be required to ensure conformance with the provisions of this chapter.
Section 15.5
Compliance
No structure or land shall, hereafter, be located, altered, or have its use changed without full
compliance with the terms of this chapter and other applicable regulations.
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June 2012
Section 15.6
Abrogation and greater restrictions
This chapter is not intended to repeal, derogate, or impair any existing easements, covenants, or
deed restrictions. However, where this chapter and another ordinance conflict or overlap
whichever imposes the more stringent restrictions shall prevail.
Part IV.
Provisions for Flood Hazard Reduction
Section 15.7
Basic for establishing the areas of special flood hazard
The areas of special flood hazard identified by the Federal Emergency Management Agency in
the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for East
Baton Rouge Parish and Incorporated Areas," dated June 19, 2012, with accompanying Flood
Insurance Rate Maps for East Baton Rouge Parish and Incorporated Areas dated May 2, 2008
and revisions as made June 19, 2012 and any revisions thereto are hereby adopted by
reference and declared to be a part of this ordinance.
Section 15.8
Warning and disclaimer of liability
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. On rare occasions greater
floods can and will occur, and flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This chapter shall not create
liability on the part of the community or any official or employee thereof for any flood damages
that result from reliance on this chapter or any administrative decision lawfully made there under.
Section 15.9
Designation of the Floodplain Administrator
The Director of Public Works is hereby appointed the Floodplain Administrator to administer and
implement the provisions of this chapter and other appropriate Sections of 44 CFR (National Flood
Insurance Program Regulations) pertaining to floodplain management.
Section 15.10
Duties and responsibilities of the Floodplain Administrator
Duties and responsibilities of the Floodplain Administrator shall include but not be limited to the
following:
A.
Maintain and hold open for public inspection all records pertaining to the provisions of
this chapter.
B.
Review permit application to determine whether proposed building site including the
placement of manufactured homes will be reasonably safe from flooding.
C.
Review, approve, or deny all applications for development permits required by adoption of
this chapter.
D.
Review permits for proposed development to assure that all necessary permits have been
obtained from those federal, state, or local governmental agencies (including Section 404 of
the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which
prior approval is required.
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June 2012
E.
Where interpretation is needed as to the exact location of the boundaries of the areas of
special flood hazards (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions), the Floodplain Administrator shall make the
necessary interpretation.
F.
Notify in riverine situations, adjacent communities and the state coordinating agency,
which is the State Department of Transportation and Development, prior to any alteration
or relocation of a watercourse and submit evidence of such notification to the Federal
Emergency Management Agency.
G.
Assure that the flood-carrying capacity within the altered or relocated portion of any
watercourse is maintained.
H.
When base flood elevation data has not been provided in accordance with Section 15.3, the
Floodplain Administrator shall obtain, review, and reasonably utilize any base flood
elevation data and floodway data available from a federal, state, or other source in order to
administer the provisions of Section 15.18 to Section 15.24 of this chapter.
I.
When a regulatory floodway has not been designated, the Floodplain Administrator must
require that no new construction, substantial improvements, or other development
(including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM,
unless, it is demonstrated that the cumulative effect of the proposed development when
combined with all other existing and anticipated development will not increase the water
surface elevation of the base flood more than one (1) foot at any point within the
community.
J.
Under the provisions of 44 CFR Chapter 1 Section 65.12 of the National Flood Insurance
Program Regulations, a community may approve certain development in Zones A1, A30,
AE, and AH on the community's FIRM which increases the water surface elevation of the
base flood by more than one (1) foot provided that the community first applies for a
conditional FIRM revision through FEMA.
K.
For application of a building or development permit, the Engineering Division of the
Department of Public Works shall provide a flood zone determination for the site. This
determination will provide the flood zone designation, base flood or adjacent base flood
elevation, and record inundation value for the site.
L.
Review, approve, or deny all applications for a waiver of freeboard or variance of NFIP
requirements in accordance with the procedures defined in Section 15.12 of this chapter.
Section 15.11
A.
Permit procedures
Application for a development permit shall be presented to the Floodplain Administrator
on forms furnished by him/her and may include but not be limited to plans in duplicate
drawn to scale showing the location, dimensions, and elevation of proposed landscape
alterations, existing and proposed structures, and the location of the foregoing in relation
to areas of special flood hazard. Additionally, the following information is required:
1.
Elevation (in relation to mean sea level) of the lowest floor (including basement) of
all new and substantially improved structures;
2.
Elevation (in relation to mean sea level) to which any nonresidential structure shall
be flood proofed;
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June 2012
B.
3.
A certificate from a registered professional engineer or architect that the
nonresidential flood proofed structure shall meet the flood proofing criteria of
Section 15.21;
4.
Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development; and
5.
Maintain a record of all such information in accordance with Section 15.10.A.
Approval or denial of a development permit by the Floodplain Administrator shall be based
on all of the provisions of this chapter and the following relevant factors:
1.
The danger to life and property due to flooding or erosion damage;
2.
The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
3.
The danger that materials may be swept onto other lands to the injury of others;
4.
The compatibility of the proposed use with existing and anticipated development;
5.
The safety of access to the property in times of flood for ordinary and emergency
vehicles;
6.
The costs of providing governmental services during and after flood conditions
including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical, and water systems;
7.
The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site;
8.
The necessity to the facility of a waterfront location, where applicable;
9.
The availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use; and
10.
The relationship of the proposed use to the comprehensive plan for that area.
Section 15.12
Variance procedures
A.
The appeal board as established in Section 3.101 shall hear and render judgment on
request for variances from the requirements of this chapter.
B.
The appeal board shall hear and render judgment on an appeal only when it is alleged
there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this chapter. Variances and or
waiver of freeboard request shall be reviewed regularly twice a month with the day and
time established by the Floodplain Administrator. These requests must be filed within
three (3) working days in advance of the scheduled meeting on forms provided by the
Department of Public Works. A variance filing fee of twenty-five (25) dollars will be
charged for each variance request and must accompany the application.
C.
Any person or persons aggrieved by the decision of the appeal board may appeal such
decision in the courts of competent jurisdiction.
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June 2012
D.
The Floodplain Administrator shall maintain a record of all actions involving an appeal
and shall report variances to the Federal Emergency Management Agency upon request.
E.
Variances may be issued for the reconstruction, rehabilitation, or restoration of structures
listed on the National Register of Historic Places or the state inventory of historic places
without regard to the procedures set forth in the remainder of this chapter.
F.
Variances may be issued for new construction and substantial improvements to be erected
on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level providing the relevant factors in
Section 15.11 (B) have been fully considered. As the lot size increases beyond one-half
acre, the technical justification required for issuing the variance increases.
G.
Upon consideration of the factors noted above and the intent of this chapter, the appeal
board may attach such conditions to the granting of variances as it deems necessary to
further the purpose and objectives of this chapter Section 15.1.
H.
Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
I.
Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
J.
Prerequisites for granting variances and waivers:
1.
Variance of NFIP Requirements:
a.
Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
b.
Variances shall only be issued upon:
(1)
Showing a good and sufficient cause;
(2)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant, and
(3)
c.
2.
A determination that the granting of a variance will not result
increased flood heights, additional threats to public safety,
extraordinary public expense; create nuisances; cause fraud on
victimization of the public; or conflict with existing local laws
ordinances.
in
or
or
or
Any application to which a variance is granted shall be given written notice
that the structure will be permitted to be built with the lowest floor
elevation below the base flood elevation and that the cost of flood insurance
will be commensurate with the increased risk resulting from the reduced
lowest floor elevation.
Waiver of Local Freeboard:
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June 2012
3.
a.
Waivers to the local freeboard requirement as identified in Section 15.21.E
shall only be issued for the minimum necessary, considering the flood
hazard to afford relief and maintain the objectives of this chapter.
b.
Waivers may be issued to restrict the elevation of a mobile home to four (4)
feet or less above the identified lowest natural ground where practicable.
c.
Waivers may be issued upon (i) determination that 100 year base flood plus
freeboard results in an elevation in excess of the 500 year flood level; (ii) a
determination that the 1993 amended FIRM increased the base flood
elevation by two (2) feet or more and the proposed construction or
substantial improvement is within an existing recognized development.
d.
Waivers shall not be issued where:
An approval would allow the increase or expansion of an activity
that is not permitted within the zoning requirements of the site;
(2)
An approval is based solely on an economic gain or loss;
(3)
An approval is for a hardship which was self-created; and
(4)
An approval would damage the rights and property values of
adjacent properties.
Waiver of specific water pollutant treatment by BMPs
a.
4.
(1)
Waivers of requirement to treat specific water pollutants using specific
BMPs may be issued upon (i) developer providing documentation that
proves the specific pollutant does not exist on the site and will not be
generated by specific activities proposed to occur on the site post
construction; (ii) DPW concurs and approves documentation’s
determination.
Watershed specific mitigation
a. Stormwater discharge, which is not practicable to fully treat as defined in
this chapter of the UDC and the Stormwater Management Manual, shall
either: be treated in an off-site facility or be given the option of paying a
stormwater off-site management fee. The City-Parish Planning Commission
will employ a methodology for calculating the fee that is based upon post
construction stormwater runoff, first flush quantities and expected
pollutants. The stormwater off-site management fee collected will be placed
in a mitigation account to be used to mitigate the impacts in the same
watershed as the development site that arise from off-site discharge of
stormwater runoff. Information relating to sites that are paying fees will be
evaluated in planning for capital improvement projects.
K.
Variances may be issued by a community for new construction, substantial
improvements, and for other development necessary for the conduct of a functionally
dependent use provided that:
1.
The criteria outlined in Section 15.12 is met; and
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June 2012
2.
The structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
Section 15.13
Stormwater Management Plan
In order to comply with Federal and State regulations for urban storm water, a Stormwater
Management Plan (SMP) will be required for all development and redevelopment projects that
require demolition or complete removal of existing structures or impervious surfaces at a site
and replacement with new development. Maintenance activities such as top-layer grinding and
repavement are not considered redevelopment. Interior remodeling projects are also not
considered to be redevelopment. Utility trenches in streets are not considered redevelopment
unless more than fifty (50) percent of the street width is removed and re-paved.
Stormwater Management Plan (SMP). The developer shall prepare and submit to the
Department of Public Works, a Stormwater Management Plan that recommends specific
drainage and stormwater runoff quality improvements. The SMP shall be consistent with the
issues and recommendations presented in the Drainage Impact Study (DIS) as described in
Section 15.15 and/or the Water Quality Impact Study (WQIS) as described in Section 15.17,
when either or both of these are required. Specific drainage improvements must be addressed
in the SMP, regardless of the need for a Drainage Impact Study. Specific stormwater runoff
quality improvements and drainage impacts must be addressed in the SMP, regardless of the
need for a Water Quality Impact Study and Drainage Impact Study.
A.
Exemptions:
The following development activities shall be exempted from the
requirements of preparing a Stormwater Management Plan, but must comply with the
SMP prepared for the subdivision:
1.
Residential lots of less than one-half (0.5) acres within subdivisions approved on
or before December 5, 2007.
2.
All lots in duly authorized subdivisions created with an SMP.
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June 2012
B.
The SMP shall include:
1.
Location: Map of location of subject property and adjacent developments and
infrastructure.
2.
Existing Conditions: Description and map of existing site conditions, including
land cover, contours, soil types, and estimated pollutant load.
3.
Proposed Development: Description and site plan of the proposed development,
including land cover, contours, empirically expected pollutant load, and
proposed drainage ways and stormwater best management practices.
4.
Plan Implementation: Description of the specific proposed drainage ways and
stormwater best management practices and how they meet the requirements for
drainage and water quality as described in Sections 15.14 and 15.16
respectively.
5.
Maintenance: Description of how the proposed drainage ways and stormwater
best management practices will be maintained.
Section 15.14
Drainage
Adequate provisions shall be made for the management of storm water subject to the approval
of the Department of Public Works.
A.
Stormwater Management Plan (SMP). As stated in Section 15.13 Stormwater
Management Plan, the developer shall prepare and submit to the Department of Public
Works a Stormwater Management Plan that recommends specific on-site drainage
improvements to provide adequate capacity for a ten (10) year storm event. The SMP
shall be consistent with the issues and recommendations presented in the Drainage
Impact Study (DIS), when it is required. All drainage improvements shall be planned in
accordance with the criteria for drainage as specified by the Department of Public
Works.
B.
Changing or altering existing drainage ways. No person shall perform construction
activity or deepen, widen, fill, reroute, or change the location of any existing drainage
way without first obtaining written permission from the Department of Public Works.
Plans for such activity in the drainage way shall comply with the criteria of the
Department of Public Works and all state and federal regulations and shall be
constructed under the supervision of and be approved by the Department of Public
Works. Adequate servitudes or rights-of-way must be dedicated for the construction and
maintenance of any channels.
1.
Drainage ways shall be construed to include any drainage ditch or swale built or
being constructed at any development pursuant to the SMP as approved by the
Department of Public Works for that development.
2.
No person shall install pipe, cover, or otherwise alter any drainage way without
first obtaining written permission from the Department of Public Works. The
Department of Public Works may require, at its sole discretion, that such plans
be submitted to and installed to specifications of the Department of Public
Works.
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
C.
Wherever drainage ways exist or are provided within the development, rights-of-way or
servitudes shall be dedicated on either side of such drainage ways for maintenance and
construction. The width of such dedicated rights-of-way shall be determined based
upon established criteria after review of the drainage requirements of the development
and the Stormwater Management Plan (SMP) for drainage and consultation with the
engineer designing the development, and the design shall be approved by the
Department of Public Works. Lots created along drainage ways shall not encroach on
drainage rights-of-way, and all rights-of-way shall be excluded from lot area. Special
servitudes may be required for outfall purposes.
D.
Contour map.
A contour map shall be prepared for the area comprising the
development and such additional area as may be required by the Department of Public
Works necessary to include all watersheds which drain into the property to be
developed provided that this map of the adjacent area may be prepared from U.S.G.S.
datum and datum filed at the Department of Public Works, where such is available.
E.
Drainage of contributing watersheds. In the design of the drainage for a development,
provisions must be made to adequately convey contributing watersheds. All closed
drainage ways must be sufficient for the drainage of all contributing watersheds based
on complete development of the contributing watersheds in accordance with the
maximum allowed density in the Master Land Use and Development Plan (UDC Section
3.04). Open drainage ways are to be constructed to meet current drainage needs but
shall have adequate servitudes for future needs of contributing watersheds, as
determined by the criteria of the Department of Public Works.
F.
Downstream drainage.
Downstream drainage improvements shall be mutually
coordinated between the developer and the Department of Public Works. Until further
implementation of the policy of providing for downstream drainage, the developer shall
not be required to provide downstream drainage in excess of that required for
development of the particular area for which approval is sought.
G.
Floodplain management.
All proposed developments shall be reviewed by the
Department of Public Works in order to assure that:
1.
All such proposals are consistent with the need to minimize flood damage;
2.
All public utilities and facilities such as sewer, gas electrical, and water systems
are located, elevated, and constructed to minimize or eliminate flood damage;
3.
Adequate drainage is provided so as to reduce exposure to flood hazards; and
4.
All necessary permits required by federal or state laws have been obtained,
including those required by Section 404 of the Federal Water Pollution Control
Act (33 USC 1334).
Section 15.15
Drainage Impact Study
Two (2) copies of the required Drainage Impact Study of the proposed development and
surrounding affected areas must be submitted to the Department of Public Works. The
development will not be approved until the Drainage Impact Study has been reviewed and
approved by the Department of Public Works.
A.
Exemptions:
The following development activities shall be exempted from the
requirements of preparing a Drainage Impact Study:
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June 2012
B.
1.
Development in which the area of impervious surface does not exceed twenty
(20) percent of the development area at the point of discharge from the site. The
total impervious area shall include all buildings, driveways, sidewalks, streets,
parking lots, lakes, ponds, etc. All undeveloped open space, common area, etc.
must be clearly identified.
2.
Additions or modifications to existing developments which result in no more
than a ten (10) percent increase in existing impervious area and which have
existing public storm drainage facilities designed to accommodate runoff from
the existing site.
Waivers: Developers may request that the Planning Commission approve a waiver of
the Drainage Impact Study. If such a request is granted, the Planning Commission
Director will provide written approval. A copy of the waiver authorization shall be
forwarded to the Director of Public Works, and no detailed Drainage Impact Study shall
be required for the development. A waiver must be requested in writing and contain
sufficient information regarding the specific details of the proposed development. A
waiver shall be considered for approval provided:
1.
The proposed development results in no more than a ten (10) percent increase in
the ten (10) year pre-development peak discharge at the point of discharge from
the development site.
2.
The site is located within existing developed areas, which are served by a
network of public storm drainage facilities, which were designed to
accommodate runoff from the development site.
Not withstanding the above, a waiver may be granted provided sufficient information
can be submitted indicating that the runoff from the proposed development is
consistent with and discharges to a previously approved development or is a part of an
approved larger plan of development, both having adequate drainage facilities.
C.
Development Location and Description: The Drainage Impact Study shall comply with
the following minimum requirements:
1.
Location:
Describe location of subject property; locate by Township and Range; identify
adjacent developments, major drainage outfalls, streets, highways, lot and block
page number, and provide a vicinity map.
2.
Description:
Describe the predominant existing land use and future land use in project
watershed (Comprehensive Land Use Plan Land Use Data, aerial photo’s, etc.);
describe the proposed development, soil types, vegetative cover, watershed
slopes; provide an estimate of percent of impervious area for pre and post
development conditions; and provide photos of existing channels, ditches,
natural drains, and drainage structures.
D.
Watershed Map: Delineate drainage boundaries; indicate the acreage; and show slope of
basins, and peak ten (10) year runoff rate at entry and exit points of the development.
The watershed map should indicate the location of existing channels, ditches, natural
drains, proposed major drainage structures, channel realignments, and cross section
locations.
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June 2012
The latest U. S. G. S. seven and one-half (7½) minute quadrangle map or better at a
scale of one inch equals five hundred feet (1:500) or less may be used as the base for
the watershed map.
E.
F.
Hydrologic Design:
1.
The Drainage Impact Study shall indicate existing condition peak ten (10) year
flow rates at the development entry and exit points.
2.
The Drainage Impact Study shall indicate future condition peak ten (10) year
flow rates at the development entry and exit points.
3.
If ponds are used in design for routing of flows, the ten (10) year storm event
shall be used in design. The effects of a 100-year storm on the pond should be
provided.
Hydraulic Capacities:
1.
On site capacity:
Indicate capacity of any existing drainage outfall facility (ditch, canal, culvert,
bridge, etc.) within the proposed development site and required type, size, and
capacity of any proposed outfall facilities as defined above.
2.
Off-site capacity:
Determine capacity of existing downstream outfall facilities (ditches, canals,
culverts, bridges, etc.) that will be utilized to convey flow from the downstream
limits of the proposed development to the first public outfall as identified on the
East Baton Rouge Parish Stream Index Map. An inventory of downstream
structures including size, type, invert elevation, and cover topping elevation
should be made. Channel cross sections at upstream and downstream limits of
the proposed development at structure locations and at intermediate canal
locations shall be required to adequately define existing channel capacities.
Where the proposed development is located an extended distance from an
indexed stream, the study may be terminated at a point where the total area
drained exceeds the project area by five (5) times for single family A1 residential
developments and ten (10) times for all other developments.
G.
Special Site Conditions:
Special conditions, which may exist at the proposed development site, should be clearly
identified including but not limited to such items as:
1.
Special Flood Hazard Areas (Firm Zones A and AE)
2.
Regulatory Floodway
3.
Fill placement location and mitigation requirements
4.
Potential wetland sites
5.
Churches
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June 2012
H.
6.
Schools
7.
Cemeteries
8.
Landfills and Hazardous Waste Sites
9.
Parks
Drainage Impact Study Conclusions and Recommendations:
Drainage Impact Study should clearly identify the results and conclusions of the study
and provide recommendations of any required action(s) so that surrounding properties
experience no adverse impact.
Section 15.16
Water Quality
The purpose of this section is to ensure that water quality is not impaired because of
development and that Stormwater Best Management Practices, as described in Appendix K:
Stormwater Best Management Practices, are implemented according to the Stormwater
Management Plan. Stormwater Best Management Practices, (BMPs) are to be incorporated into
all new developments and redevelopments to preserve water quality
A.
Stormwater Management Plan (SMP). As stated in Section 15.13 Stormwater
Management Plan, the developer shall prepare and submit to the Department of Public
Works a Stormwater Management Plan that documents proposed specific on-site water
quality improvements to treat or retain on site all first flush stormwater pollutants that
originate from the site post-construction, or as otherwise required by Total Maximum
Daily Loads (TMDLs) Stormwater Permit Requirements that are developed by the United
States Environmental Protection Agency (USEPA) and the Louisiana Department of
Environmental Quality (LDEQ). All on-site water quality improvements shall be
planned and maintained in accordance with Appendix K and as approved by the
Department of Public Works.
B.
Construction Phase Site Storm Water Control. For all development activities a
Stormwater Pollution Prevention Plan (SWPPP) must be submitted to the Department of
Public Works Environmental Division for review. The SWPPP must describe the types
and placement of BMPs, as described in Appendix K: that will be utilized to retain
sediment on site, to prevent erosion and sedimentation as a result of construction, and
to control other sources of pollution at the construction site that may cause adverse
impacts on the quality of storm water runoff from the construction site. This plan must
also describe how storm water will be treated during the construction phase of the
project in order to prevent pollution from entering any drainage ways or conveyances.
This Stormwater Pollution Prevention Plan must be consistent with all Federal and
State requirements.
C.
Post-Construction Water Quality Management in New Development and Redevelopment
that requires demolition or complete removal of existing structures or impervious
surfaces at a site and replacement with new development. For all developments or
redevelopments, all first-flush stormwater pollutants that originate from the site postconstruction, shall be treated or retained on the site or as otherwise required by Total
Maximum Daily Loads (TMDLs) or Stormwater Permit Requirements that are developed
by the United States Environmental Protection Agency and the Louisiana Department of
Environmental Quality. All stormwater BMPs constructed onsite must meet EPA
standards and specifications for BMP implementation and maintenance:
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
1.
BMP Implementation (Appendix K): The SMP must describe the types of BMPs
that will be constructed on the site after construction is complete with specific
locations of each and estimated capacity for pollutant load reduction.
2.
BMP Maintenance (Appendix K): The SMP must also ensure long-term operation
and maintenance of the BMPs that have been designed and implemented to
minimize water quality impacts from storm water discharges from the project
site.
Section 15.17
Water Quality Impact Study
Two (2) copies of the required Water Quality Impact Study (WQIS) of the proposed development
and surrounding affected areas must be submitted to the Department of Public Works. The
development will not be approved until the WQIS has been reviewed and approved by the
Department of Public Works.
A.
B.
Exemptions:
The following development activities shall be exempted from the
requirements of preparing a Water Quality Impact Study, but shall comply with
stormwater best management practices described in this chapter and shall document
these in a Stormwater Management Plan:
1.
Sites with a developed area of less then one (1) acre.
2.
Farming or agricultural activities.
Existing Site Conditions and Location
1.
Site location: Describe location of subject property using street address and
latitude/longitude
2.
Watershed and subwatersheds: Describe watersheds and subwatersheds both
on and off site
3.
Total Maximum Daily Loads (TMDLs): List Total Maximum Daily Loads as
established by the USEPA and LDEQ for applicable affected waterbodies. If
Total Maximum Daily Loads have not been established, all first flush stormwater
pollutants that originate from the site post-construction shall be treated or
retained on the site.
www.deq.louisiana.gov/portal/tabid/130/Default.aspx
4.
Soils and Topography:
 Site contours at maximum two-foot contour interval
 General land slopes
 Soil types and characteristics
5.
Land Cover: Show existing land cover on a current aerial photo and in a table
with square footage of land cover area and percent of total site. Types of land
cover to be listed include but are not limited to the following:




Forest
Paving (list by type)
Meadow
Crops
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June 2012
 Buildings
 Water Bodies
 Wetlands
C.
Proposed Development Conditions:
1.
Watershed and subwatersheds: Describe impact of proposed development on
watersheds both on and off site.
2.
Land cover: Show existing land cover on a current aerial photo and in a table
with square footage of land cover area and percent of total site. Types of land
cover to be listed include but are not limited to the following:







3.
Forest
Paving (list by type)
Meadow
Crops
Buildings
Water Bodies
Wetlands
Land cover comparison table:
development land cover
Table of existing land cover and proposed
 Roadways and Parking Lots (oil, grease, Freon, heavy metals, other chemicals)
 Lawn, Plantings, and Golf Course Maintenance (oil, grease, pesticides,
herbicides, nutrients, other chemicals)
 Roofs and Gutters (organic materials, roofing materials, coatings, heavy
metals)
 Automotive (oil, grease, Freon, heavy metals, other chemicals)
 Food Preparation (organic material, grease, other chemicals)
 Commercial Activities (oil, heavy metals, other chemicals)
 Residential Activities (organic materials, pesticides, herbicides, other
chemicals)
 Light Industrial (oil, grease, coatings, heavy metals, other chemicals)
4.
D.
Empirically expected pollutants from land cover, uses, and activities.
Proposed Water Quality Treatment
1.
Stormwater Treatment Train as described in Appendix K: Stormwater Best
Management Practices.
2.
Stormwater Best Management Practices (BMPs)




Sizes
Water Capacity
Function
Percent of empirically expected pollutant reductions. BMPs must reduce the
pollutant load in site stormwater runoff by treating or retaining all first flush
stormwater pollutants that originate from the site post-construction or as
otherwise required by US Environmental Protection Agency and LDEQ Total
Maximum Daily Loads.
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June 2012
 Operation and maintenance.
 Control and containment per special activity
 Housekeeping measures for BMP maintenance
3.
E.
Water flows per subwatershed (cfs)
Study Conclusions and Recommendations
1.
Table of empirically expected percent removal of each pollutant by type per BMP
for expected impact to affected waters as described in Appendix K (Stormwater
Best Management Practices).
Section 15.18
Flood Prevention
A.
The flood hazard areas of the City-Parish are subject to periodic inundation, which
results in loss of life and property, health and safety hazards, disruption of commerce
and governmental services, and extraordinary public expenditures for flood protection
and relief, all of which adversely affect the public health, safety, and general welfare.
B.
These flood losses are created by the cumulative effect of obstructions in floodplains
which cause an increase in flood heights and velocities, and by the occupancy of flood
hazard areas by uses vulnerable to floods and hazardous to other lands because they
are inadequately elevated, flood-proofed, or otherwise protected from flood damage.
Section 15.19
A.
In order to accomplish its purposes, this chapter uses the following methods:
1.
Restrict or prohibit uses that are dangerous to health, safety, or property in
times of flood or cause excessive increases in flood heights or velocities;
2.
Require that uses vulnerable to floods including facilities, which serve such
uses, be protected against flood damage at the time of initial construction;
3.
Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of floodwaters;
4.
Control filling, grading, dredging, and other development which may increase
flood damage; and
5.
Prevent or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
Section 15.20
A.
Methods of reducing flood losses
General Standards
In all areas of special flood hazard, the following provisions are required for all new
construction and substantial improvements:
1.
All new construction or substantial improvements shall be designed (or modified)
and adequately anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads including the effects
of buoyancy;
2.
All new construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage;
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June 2012
3.
All new construction or substantial improvements shall be constructed with
materials resistant to flood damage;
4.
All new construction or substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding;
5.
All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;
6.
New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system and discharge from the systems
into floodwaters; and
7.
On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
Section 15.21
Specific Standards
Except as provided in Section 15.21.F, in all areas of special flood hazard and in Zones B, C, and
X, an applicant must submit a ten (10) dollar fee to the Department of Public Works Inspection
Division for a flood zone determination to be used in the preparation of the FEMA approved
Certificate of Elevation. Where base flood elevation data has been provided as set forth in Section
15.3, Section 15.10.H, or Section 15.22.C, the following provisions are required:
A.
Residential Construction.
New construction and substantial improvement of any
residential structure shall have the lowest floor (including basement) elevated to meet the
requirements of Section 15.21.E. A registered professional engineer, architect, or land
surveyor shall submit a FEMA approved Certificate of Elevation certification to the
Floodplain Administrator that the standard of this subsection as proposed in Section
15.11.A.1 is satisfied.
B.
Nonresidential Construction. New construction and substantial improvements of any
commercial, industrial or other nonresidential structure shall either have the lowest floor
(including basement) elevated to meet the requirements of Section 15.21.E or, together
with attendant utility and sanitary facilities, be designed so that below the level required in
Section 15.21.E the structure is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional
engineer or architect shall develop and/or review structural design, specifications and
plans for the construction and shall certify that the design and methods of construction
are in accordance with accepted standards of practice as outlined in this subsection. A
record of such certification including the specific elevation (in relation to mean sea level or
NAVD) to which such structures are flood proofed shall be maintained by the Floodplain
Administrator.
C.
Enclosures. Solid fences, walls and landscaping features constructed or placed within the
drainage system, as shown on the final plat, and new construction and substantial
improvements, with fully enclosed areas below the lowest floor that are usable solely for
parking of vehicles, building access or storage in an area other than a basement and
which are subject to flooding, shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
D.
1.
A minimum of two (2) openings having a total net area of not less than one (1)
square inch for every square foot of enclosed area subject to flooding shall be
provided;
2.
The bottom of all openings shall be no higher than one (1) foot above grade;
3.
Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters; and
4.
Any variance of the requirements of this subsection must be approved by the
Director of the Department of Public Works.
Manufactured Homes.
1.
Require that all manufactured homes to be placed within Zone A shall be installed
using methods and practices, which minimize flood damage. For the purpose of
this requirement, manufactured homes must be elevated and anchored to resist
flotation, collapse or lateral movement. Methods of anchoring may include, but are
not limited to, use of over the top or frame ties to ground anchors. This
requirement is in addition to applicable state and local anchoring requirements for
resisting wind forces;
2.
Require that manufactured homes that are placed or substantially improved within
Zones A1-30, AH, and AE on the community's FIRM on sites: (i) outside of a
manufactured home park or subdivision, (ii) in a new manufactured home park or
subdivision, (iii) in an expansion to an existing manufactured home park or
subdivision, or (iv) in an existing manufactured home park or subdivision on which
a manufactured home has incurred "substantial damage" as a result of a flood, be
elevated on a permanent foundation such that the lowest floor of the manufactured
home is elevated to be in compliance with Section 15.21.A, and be securely
anchored to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement; and
3.
Require that all manufactured homes to be placed or substantially improved within
Zones B, C, X, Al-30, AH, and AE on the community's FIRM be elevated on a
permanent foundation such that the lowest floor of the manufactured home is
elevated to meet the requirements of Section 15.21.E and be securely anchored to
an adequately anchored foundation system in accordance with the provision of
Section 15.21.D.1.
a.
(1)
All mobile home park owners with parks constructed prior to
August 1, 1990, must submit a completed official certificate of
elevation to the inspection division by November 15, 1990. As a
prerequisite, the applicant must submit a ten (10) dollar fee to the
Department of Public Works inspection division for the flood zone
determination to be used in preparation of the certificate of
elevation.
(2)
In lieu of individual certificates of elevation for each manufactured
home space, the mobile home park owner may submit one (1)
common certificate of elevation for the mobile home park site. The
final plat shall comply with Section 4.7 of this Unified Development
Code and shall also show the elevation of each manufactured home
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
pad and the required lowest floor elevation pursuant to Section
15.21.E.
b.
(3)
All owners of manufactured homes subject to this provision shall
comply with the freeboard requirements of Section 15.21.E by
February 15, 1991. A temporary certificate of occupancy may be
issued to the manufactured home owner pursuant to Section A
103.9.3 of the Standard Building Code. This certificate shall expire
on February 15, 1991 and shall not be renewed unless the
manufactured home owner has complied with all freeboard
requirements of Section 15.21.E.
(1)
All owners of manufactured home subdivision lots and owners of an
individually and privately owned manufactured home site developed
prior to August 1, 1990 must submit a completed official certificate
of elevation to the inspection division by November 15, 1990. As a
prerequisite, the applicant must submit a ten (10) dollar fee to the
Department of Public Works inspection division for the flood zone
determination to be used in preparation of the certificate of
elevation.
(2)
All owners of manufactured homes subject to this provision shall
comply with the freeboard requirements of Section 15.21.E by
February 15, 1991. A temporary certificate of occupancy may be
issued to the manufactured home owner pursuant to a Section A
103.9.3 of the Standard Building Code. This certificate shall expire
on February 15, 1991, and shall not be renewed unless the
manufactured home owner has complied with all freeboard
requirements of Section 15.21.E.
c.
All mobile home park owners submitting construction documents for a
mobile home park after August 1, 1990 shall, prior to approval by the
inspection division, submit a common certificate of elevation for the mobile
home park and a final plat of the mobile home park site. The final plat
shall comply with Section 4.6 of this Unified Development Code and shall
also show the elevation of each manufactured home pad and the required
lowest floor elevation pursuant to Section 15.21.E. As a prerequisite, the
applicant must submit a ten (10) dollar fee to the Department of Public
Works inspection division for the flood zone determination to be used in
preparation of the certificate of elevation.
d.
All owners of a manufactured home subdivision lot owners of an
individually and privately owned manufactured home site developed after
August 1, 1990 must submit, prior to approval by the inspection division, a
completed official certificate of elevation pursuant to Section 15.21.E. As a
prerequisite, the applicant must submit a ten (10) dollar fee to the
Department of Public Works inspection division for the flood zone
determination to be used in preparation of the certificate of elevation.
e.
Recreational vehicles require that recreational vehicles placed on sites
within Zones A1-30, AH, and AE on the community's FIRM either:
(1)
Be on the site for fewer than one hundred eighty (180) consecutive
days,
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
E.
(2)
Be fully licensed and ready for highway use, or
(3)
Meet the permit requirements of Section 15.11.A and the elevation
and anchoring requirements for "manufactured homes" of this
subsection. A recreational vehicle is ready for highway use if it is
on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no
permanently attached additions.
Minimum Slab Elevation. All new residential, nonresidential, manufactured homes, and
substantial improvements shall meet the following requirements:
1.
For those located in the special flood hazard area (Zone A, AE, and Al-A30) the
minimum lowest floor elevation shall meet or exceed each of the following levels:
one (1) foot above the FIRM base flood elevation, one (1) foot above the record
inundation, one (1) foot above the center line of the street, and one (1) foot above
the top of the nearest upstream or downstream sanitary sewer manholes;
2.
For those located in Zones B and X, the minimum lowest floor elevation shall meet
or exceed each of the following levels: one (1) foot above the nearest adjacent FIRM
Base Flood Elevation, one (1) foot above the record inundation, one (1) foot above
the center line of the street, and one (1) foot above the top of the nearest upstream
or downstream sanitary sewer manhole;
3.
For those located in Zones C and X, the minimum lowest floor elevation shall meet
or exceed each of the following levels: one (1) foot above the nearest adjacent FIRM
base flood elevation, one (1) foot above the record inundation, one (1) foot above the
center line of the street, and one (1) foot above the top of the nearest upstream or
downstream sanitary sewer manhole;
4.
The requirements set forth in Sections 15.21.E.1, 15.21.E.2, and 15.21.E.3 require
that the minimum slab elevation be one (1) foot above the center line of the street
shall not apply when the approved drainage schematic contemplates that: (1) the
street pavement will not serve as the drainage collector system; or (2) drainage will
not be conveyed toward the street;
5.
In lieu of the requirements regarding sanitary sewer manholes set forth in Sections
15.21.E.1, 15.21.E.2, and 15.21.E.3, the lowest floor elevation may be lower than
one (1) foot but not lower than six (6) inches above the top of the nearest upstream
or downstream sanitary sewer manhole providing that the following requirements
are met:
a.
A sanitary sewer backwater check valve and a sewer clean out:
(1)
Shall be installed in the building sanitary sewer line and located on
the applicant's property but outside of the street rights-of-way and
utility servitudes; and
(2)
Shall meet the requirements of Section 8:110 of the Plumbing Code.
b.
The property owner shall be responsible for perpetually maintaining the
sanitary sewer backwater check valve in proper operating condition.
c.
The property owner shall sign a waiver of local freeboard which shall serve
to place on notice all future owners and shall make public record of such
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
waiver and the property owners' assumption of all liability pursuant to the
granting of a waiver for the requirements regarding sanitary sewer
manholes set forth in Sections 15.21.E.1, 15.21.E.2, and 15.21.E.3. This
agreement shall be recorded by the Clerk of Court in the conveyance
records; and a certified copy, with recording data and filing date, shall be
furnished to the inspection division before a building permit will be issued;
and
6.
F.
The lowest floor elevation may be lower than six (6) inches above the top of the
nearest upstream or downstream sanitary sewer manhole provided that the
provisions of Sections 15.21.E.1, 15.21.E.2, and 15.21.E.3 are met and approval is
granted by the chief engineer and the Floodplain Administrator.
Use of Landfill Material Restricted.
1.
Except as provided, hereinafter, in areas of special flood hazard (Zones A, A1, A30,
AH, and AE,), no off-site landfill material shall be allowed except for:
a.
Backfill required for chainwall construction. This exemption shall apply to
structures of five thousand (5000) square feet or less contained within the
footprint of the structure.
b.
Building pads for mobile homes, trailers, and pier/column construction.
This exemption shall allow for the building pad to be filled to a maximum of
eighteen (18) inches above natural grade under the elevated structure to
facilitate drainage. The building pad must be transitioned back to natural
grade within five (5) feet of the outside limits of the footprint of the elevated
structure.
c.
Transition of driveways into carports or garages. The transition distance
shall extend only through the limits of the structure. The driveway from
the street connection to the start of transition shall be constructed in such
a manner that the finished driveway grade is at or below the natural grade
prior to construction. Appropriate drainage facilities must be provided to
prevent the redirection of runoff water onto adjacent properties or the
blockage of surface sheet runoff.
This subsection shall not apply to improvement and reasonable transition
grading on existing tracts or lots of five (5) acres or less located within
existing recognized subdivisions (residential, commercial, industrial and
mobile home park) which have not experienced any reported inundation of
structures constructed after July 2, 1979.
2.
Unless otherwise provided, no fill shall be permitted in areas of special flood
hazard, unless, the fill is mitigated by excavation and meets the following
requirements:
a.
For developments with proposed onsite fill and excavation construction (no
imported or offsite fill), a before and after development construction grading
plan shall be provided to show no decrease in the existing flood volume
storage capacity below the base flood elevation established for the site.
(1)
Fill shall not be used to restrict the existing channel cross-sectional
area.
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
b.
c.
(2)
For channels with intermittent flow, the excavation site shall drain
to the existing adjacent channel.
(3)
For channels with continuous flow, the excavation sites shall drain
to the existing channel.
(4)
For mitigation purposes, no credit shall be given for that portion of
the excavation, which is lower than the existing channel.
For developments requiring imported or off-site fill in addition to the
excavation, grading, and fill requirements outlined above, approved
engineering methodologies such as the methods shown in the Louisiana
Department of Transportation and Development Hydraulics Manual shall
be used to make a before and after development analysis of the proposed
site, including its off-site drainage areas, to show the increased runoff for a
one hundred (100) year storm event. The existing one hundred (100) year
storm channel flow, the calculated base flood elevation and the hydraulic
grade line for the channel at the downstream end of the proposed site will
be provided by the engineering division of the Department of Public Works.
One (1) or more of the following methods may be used, unless otherwise
approved by the engineering division:
(1)
A rating curve analysis shall be made of the channel to show that
the water surface for a one hundred (100) year storm event
resulting from the proposed development or landfill does not
increase the calculated base flood elevation.
(2)
If the imported or off-site fill is taken from the channel (within the
proximity of or within one-half mile upstream of the proposed
development or landfill site), an inflow-outflow flood routing
analysis of the proposed borrow site on the channel shall be made
to show that the adverse effect of increased runoff from the
100-year storm event due to the proposed development or landfill
site is balanced by the beneficial effects of the increased storage
provided by the proposed borrow site.
(3)
If the imported or off-site fill is taken from elsewhere, approved
engineering methodologies shall be used to show that the water
surface elevation resulting from the proposed development or
landfill does not increase the base flood elevation.
If downstream channel improvements are included as part of the proposed
development or landfill, engineering calculations shall be made to show
that the adverse effects of increased runoff from a one hundred (100) year
storm event due to the proposed development is offset by the beneficial
effects of the proposed channel improvements.
G.
Any permissible use of off-site landfill material as provided in Section 15.21.F shall be
subject to the provisions of Section 8:3 of the City Code.
H.
No building shall be constructed over an existing identified natural drain as determined by
the Department of Public Works.
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
I.
The surface of parking lots and private streets in subdivisions of more than five (5) lots,
shall not be constructed lower than two (2) feet below the FIRM base flood elevation or
record inundation, whichever is greater.
J.
When the subsurface storm water systems are available and designed to accommodate the
flow of storm water runoff:
1.
Except in single-family residential use, all paved parking areas shall be graded and
sloped so that the storm water runoff is conducted to trench drains or catch
basins, which are connected to the storm water system.
2.
No sheet flow from paved parking areas on lots greater than one-third acre but less
than five (5) acres shall be allowed to drain directly into the street or street catch
basins.
3.
Sheet flow from paved parking areas on lots greater than five (5) acres, in addition
to the foregoing requirements, must be directed into a storm drain and catch basin
system designed for this area which would be connected to the existing storm
water system, or if the aforesaid system is inadequate, it must be designed to
include on-site detention/retention basin for storm water runoff. The design of
storm water facilities must be submitted to the Department of Public Works for
approval.
The Department of Public Works shall grant a waiver of the provisions of this
subsection when it is demonstrated that the applicable existing streets have been
designed to accommodate the storm water runoff from paved parking areas and
adequate catch basins and inlets are available.
Section 15.22
Standards for subdivision proposals
A.
All subdivision proposals including manufactured home parks and subdivisions shall be
consistent with Section 15.1, Section 15.18, and Section 15.19.
B.
All proposals for the development of subdivisions including manufactured home parks and
subdivisions shall meet development permit requirements of Section 15.4, Section 15.18
to Section 15.24.
C.
Base flood elevation data shall be generated for subdivision proposals and other proposed
development including manufactured home parks and subdivisions which is greater than
fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to
Section 15.20 or Section 15.10.H.
D.
All subdivision proposals including manufactured home parks and subdivisions shall have
adequate drainage provided to reduce exposure to flood hazards.
E.
All subdivision proposals including manufactured home parks and subdivisions shall have
public utilities and facilities such as sewer, gas, electrical, and water systems located and
constructed to minimize or eliminate flood damage.
Section 15.23
Standards for areas of shallow flooding (AO/AH Zones)
Located within the areas of special flood hazard established in Section 15.3 are areas designated
as shallow flooding. These areas have special flood hazards associated with base flood depths of
one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
unpredictable, and where velocity flow may be evident. Such flooding is characterized by-ponding
or sheet flow; therefore, the following provisions apply:
A.
All new construction and substantial improvements of residential structures have the
lowest floor (including basement) elevated above the highest adjacent grade at least as
high as the depth number specified in feet on the community's FIRM (at least two (2) feet if
no depth number is specified).
B.
All new construction and substantial improvements of nonresidential structures:
1.
Have the lowest floor (including basement) elevated above the highest adjacent
grade at least as high as the depth number specified in feet on the community's
FIRM (at least two (2) feet if no depth number is specified); or
2.
Together with attendant utility and sanitary facilities, be designed so that below
the base flood level the structure is water tight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
C.
A registered professional engineer or architect shall submit a certification to the Floodplain
Administrator that the standards of this Section as proposed in Section 15.11.A.1 are
satisfied.
D.
Require within Zones AH or AO adequate drainage paths around structures on slopes to
guide floodwaters around and away from proposed structures.
Section 15.24
Floodways
Floodways located within areas of special flood hazard established in Section 15.3, are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of
floodwaters, which carry debris, potential projectiles, and erosion potential, the following
provisions shall apply:
A.
Encroachments are prohibited including fill, new construction, substantial improvements,
and other development within the adopted regulatory floodway, unless, it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the proposed encroachment would not result in any
increase in flood levels within the community during the occurrence of the base flood
discharge.
B.
If Section 15.24 above is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of Section 15.18 to
Section 15.24.
C.
Under the provisions of 44 CFR Chapter 1, Section 65.12 of the National Flood Insurance
Regulations, a community may permit encroachments within the adopted regulatory
floodway that would result in an increase in base flood elevations provided that the
community first applies for a conditional FIRM and floodway revision through FEMA.
D.
Permitted Uses. The following open space uses are allowed within the limits of the
regulatory floodway provided that they are not prohibited by any other ordinance or zoning
restriction:
1.
Agricultural uses such as general farming, pasturing, outdoor plant nurseries,
horticulture, forestry, and sod farming;
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
2.
Nonstructural industrial and commercial uses such as loading areas, parking
areas, and landing strips;
3.
Nonstructural public and private recreational uses such as golf courses, tennis
courts, driving ranges, ball fields, archery ranges, picnic grounds, parks and
gardens, biking and hiking trails, and horseback riding;
4.
Uses or structures accessory to open space uses are essential for historic
preservation providing they comply with the provisions of Sections 15.24.A and
15.24.B;
5.
Extraction of sand, gravel, or other natural resources;
6.
Functionally water-dependent uses such as docks, piers, dams, utility, and
pipeline crossings; and
7.
Public utilities, streets, and bridges provided that any associated fill complies with
the provisions of Sections 15.21.F and 15.24.A, and the fill does not encroach into
the channel area within the limits of mean annual high-water.
Chapter 15 – Floodways, Floodplains, Drainage and Water Quality
June 2012
Chapter 10
SUPPLEMENTARY USES
Section 10.101
Natural Resource Overlay District One
To provide guidelines for development activity within the Natural Resource Overlay
District (District) as shown in Appendix G throughout East Baton Rouge Parish. Uses
permitted pursuant to the underlying zoning district; and in addition, on parcels of land
containing at least five (5) contiguous acres, those uses involving the removal of soil,
sand or gravel by excavating, stripping, dredging, mining, or otherwise taking (including
on-site operations appurtenant to taking such as washing, grading, sorting, storage,
and grinding operations). No natural resources extracted outside the limits of an
approved Natural Resource Overlay District shall be brought in for washing, grading, or
further processing. The district boundaries as set forth in this Ordinance may be
altered only with the affirmative vote of two-thirds (2/3) of the members of the
Metropolitan Council voting at a meeting in which a quorum is present.
A.
The following minimum site design standards shall be required:
1.
A minimum site of five (5) acres is required, with a minimum frontage of two
hundred (200) feet on a publicly maintained street or road.
2.
No excavation for extraction of dirt, sand, or gravel within a Natural Resource
Overlay District may be within one thousand (1000) feet of any residential
dwelling; five hundred (500) feet of any residentially zoned property or
recognized residential subdivision; or two hundred (200) feet of adjoining
property lines. These distances may be varied when written permission has
been granted by the adjoining property owner(s) and approved by the City Parish
Planning Commission and Metropolitan Council.
3.
All private access roads shall be of a dust-free surface for a distance of one
hundred (100) feet from any public street right-of-way. To reduce the effects of
airborne dust, dirt, and noise, all equipment for sorting, crushing, loading, and
other equipment pertaining to pit excavation shall not operate closer than three
hundred (300) feet from any public street or road right-of-way, residential
dwelling, recognized residential subdivision, or residentially zoned property.
Scales and related structures shall be set back a minimum of one hundred (100)
feet from rights-of-way of public roads and streets and a minimum of one
hundred (100) feet from side property lines.
4.
Roadside Landscape: Existing trees and ground cover adjoining public streets
and roads shall be preserved where possible so as to aid in the screening from
public view of mining activities. Additional vegetative landscape or other
acceptable landscaping techniques shall be required to accomplish screening
from public view.
The preceding minimum site design requirements may be increased, extended or
enlarged when deemed necessary to protect the health, safety, and general
welfare of the public. The Planning Commission may recommend, and the
Metropolitan Council may adopt additional site design requirements as
necessary including limiting the hours of operation.
B.
In addition to the above requirements, the following procedures shall be followed for
creation of a Natural Resource Overlay District:
Application:
1.
Applicationshall be completed and filed with the Office of the Planning
Commission.
2.
In addition to what is required on the application, the following information shall
be attached:
a.
b.
c.
A vertical aerial photograph, showing current geographical and
topographical conditions, enlarged to a scale equal to one (1) inch equals
four hundred (400) feet. Area covered by the vertical aerial photograph
shall include:
(1)
All land requested in the petition.
(2)
All contiguous land, which is or has been used by the owner or
leasehold applicant for any extraction, treatment, or storage.
(3)
All public or private roads, which provide access to the proposed
use. (Access by way of residential streets is prohibited.)
(4)
All recognized residential subdivisions, residentially zoned
properties, and existing residential dwellings within one thousand
(1,000) feet of the proposed use.
(5)
The boundaries of the above listed items shall be clearly
delineated and labeled on the aerial photograph.
A survey map of the property, prepared by a land surveyor licensed by
the State of Louisiana and drawn to a scale of one (1) inch equals two
hundred (200) feet, shall be submitted in five (5) copies. This survey map
shall include:
(1)
Boundary of entire tract showing bearings and dimensions.
(2)
Boundary of area showing bearings and dimensions.
(3)
Existing zoning boundaries.
(4)
Existing geographic features of the site, including boundaries of
proposed excavation pits, overburden storage areas, wooded
areas, natural drainage flow over the site, shading of flood hazard
areas as shown on current Federal Insurance Rate Maps, FIRM,
and any other significant features.
(5)
Existing land use of the site including buildings, structures, and
boundaries of any previously mined areas.
A completed copy of the Development Permit application, as required by
Title 7, Chapter 15.15 Permit Procedures of the Code of Ordinances of
the City of Baton Rouge and Parish of East Baton Rouge.
Chapter 10 – Supplementary Uses
10 -2
April 2015
d.
A statement or report by a professional engineer, soil scientist, or
geologist regarding the effect the proposed operation will have upon the
watershed of the area with particular attention being devoted to erosion
control and control of run off of sediments associated with the proposed
operations as well as the impact on any public or private water wells in
the area.
e.
A statement or letter of no objection from the Office of Cultural
Development, Division of Archeology of the State of Louisiana, that the
proposed site is not a site of historical or archaeological significance.
f.
A detailed plan for extraction of the natural resource deposits. This plan
shall include:
(1)
The proposed dates for the initiation and termination of such
operation;
(2)
The maximum anticipated depth of the pit area(s) and proposed
slope(s) of the sides of the pits;
(3)
A detailed list of the type and quantity of equipment proposed to
be used in connection with the use including bulldozers, cranes,
washers, crushing equipment, trucks, dredges, and other
mechanical equipment;
(4)
An estimate of the average number of trucks proposed to enter
and leave the property per day;
(5)
The proposed hours of operation each day, number of employees,
and the proposed days of operation during the week;
(6)
A proposed plan of land reclamation and a statement or
supportive documents, furnished by the applicant, indicating how
the proposed site will be re-used in a manner compatible with the
Master Plan for Future Land Use;
(7)
Proposed grading and sloping plan of disturbed areas so as to
prevent soil erosion, stagnant water, and to render the area safe
and hazard free to the general public. The U. S. D. A. Soil
Conservation Service shall review this grading and sloping plan,
and a letter of no objection to the proposed grading and sloping
plan from that agency is to be attached and made part of the
application;
(8)
In order to minimize flood losses and flood damage a letter of no
objection from the City Parish Department of Public Works,
stating, in part, that the proposed plans of operation are
reasonably consistent with the purpose and intent of City Parish
Code of Ordinances, Title 8, Chapter 8 Flood Damage Prevention;
and
(9)
A letter of jurisdictional determination from the U. S. Army Corps
of Engineers indicating permits to be obtained before operations
may be commenced on the proposed site. (Section 10 of the Rivers
& Harbors Act and/or Section 404 of the Clean Water Act)
Additionally, a letter of no objection or, if applicable, a water
Chapter 10 – Supplementary Uses
10 -3
April 2015
quality certification from Louisiana Department of Environmental
Quality, Water Resources Section.
C.
Enforcement and Review
1.
Development Permit to be Issued: After Site Plan approval and establishment of
Natural Resource Overlay District, the City-Parish Department of Public Works
shall issue a Development Permit for a specified length of time including
documentation of all conditions or agreements made part of and pursuant to
Site Plan review and approval, and to be periodically inspected (monthly,
quarterly, or as deemed necessary) by DPW to ensure the approved site plan is
being followed.
This permit may be revoked at any time in which the
Department of Public Works determines that the approved site plan, or other
agreements or conditions made pursuant to site plan approval by the developer
is not being followed. Before such permit revocation, the Department of Public
Works shall give written notification to the operator by a certified letter
describing the specific violations or unauthorized variances from the approved
site plan. The operator shall have thirty (30) days from date of notification to
correct such violations or may appeal such permit revocation in writing to the
Planning Commission and request a public hearing to be held showing reasons
why such variances are necessary and reasonable. The Planning Commission
shall recommend to the Metropolitan Council approval or denial of any such
variances or amendments to the approved site plan and provide written reasons
why such changes, variances, or amendments are necessary. The Metropolitan
Council shall hold a public hearing to consider such site plan changes,
variances, or amendments and may amend previously approved site plans as
deemed necessary. All required state and federal permits shall be secured prior
to site development.
2.
Sand, gravel, and dirt pit operations existing at the time of the adoption of these
requirements shall be inspected by the City-Parish Department of Public Works
within a reasonable time period; a determination made as to the non-conforming
nature of such operations; and if applicable, issued a temporary certificate of
occupancy (or other such non-conforming use permit as deemed appropriate by
the Department of Public Works) indicating the non-conforming nature of the
activity being performed and the legal description of the property(s) where such
activity is being carried out. Non-conforming Sand, Gravel, and Dirt Pit
Operations shall operate pursuant to Chapter 7 “Non-Conforming Situations” of
this Unified Development Code and in compliance with all applicable State and
Federal laws and regulations.
3.
Violations:
Inaddition to Development Permit revocation as established in Section
10.101a.C.1, any violation of the provisions of the Natural Resource Overlay
District shall constitute a violation of the Unified Development Code and shall be
subject to penalty as specified in Section 6.7.
Section 10.102
A.
Urban Design Overlay Districts
Enforcement and Review
1.
New Construction
Chapter 10 – Supplementary Uses
10 -4
April 2015
a.
2.
staff
shall
certify
For existing structures, Planning Commission staff
compliance prior to issuance of Certificates of Occupancy.
shall
certify
Existing Development
a.
Section 10.102a
A.
For new construction, Planning Commission
compliance prior to issuance of building permits.
Urban Design Overlay District One – Oak Villa Boulevard
Purpose
To provide guidelines for development activity within the Oak Villa Boulevard Urban
Design Overlay District (District) as shown in Appendix G, which includes lots along
Oak Villa Boulevard from Florida Boulevard to Greenwell Springs Road. This district is
to strengthen the physical and economic character of the neighborhood by mitigating or
avoiding incompatibility.
B.
Utilities
1.
C.
Lighting
a.
Lighting mounted on buildings or fences directed toward residential
property shall be no more than seven (7) feet above the ground.
b.
Pole mounted lighting cannot exceed eighteen (18) feet in height.
c.
Any external lighting must be oriented inward toward the development to
minimize intrusion on abutting residential property.
d.
Single lamp outdoor lighting installations cannot exceed an output rating
of ten (10,000) lumens. The maximum level of light trespass shall be two
(2) footcandles. All luminaries or light fixtures must be shielded or cutoff.
Signage
1.
Prohibited Signs
a.
2.
3.
Pole signs, temporary signs, and changeable letter signs are not allowed.
Illumination
a.
A wall, canopy, awning, projecting or monument sign may be illuminated
but may not flash, blink or fluctuate and may not be animated.
b.
No internal illumination is allowed.
Permanent On-Premise Signs By Type
a.
Wall Signs
(1)
Wall signs may not exceed thirty-two (32) square feet in sign area.
One wall sign is allowed per primary business entrance.
Chapter 10 – Supplementary Uses
10 -5
April 2015
b.
Canopy and Awning Signs
(1)
c.
Detached Signs
(1)
D.
One monument sign is allowed per street frontage. Monument
signs may not exceed six (6) feet in height or width. The sign area
may not exceed thirty-six (36) square feet per face.
Parking
1.
Off Street Parking
a.
2.
All parking lots fronting on Oak Villa Boulevard must have concrete curb
and gutter configuration. Parking blocks/ logs are not allowed.
Alternative Porous Pavement Parking
a.
E.
Canopy, awning and projecting signs are not to exceed twelve (12)
feet in length and thirty-two (32) square feet per face.
Ten (10) percent of parking lot pavement must utilize alternative porous
pavement.
Landscape and Trees
1.
Landscape Standards
a.
a.
Street Yard Planting Area
(1)
A ten (10) foot street yard planting area is required along Oak
Villa Boulevard. The ten foot street yard planting area must be
measured from the street right of way.
The minimum
requirements for the street yard planting area include one (1)
Class “A” tree or three (3) Class “B” trees for every fifty (50) linear
feet of public street frontage, or fraction thereof, measured at the
property line. Seventy-five (75) percent of the required trees must
be evergreens and may be located anywhere within the street
planting area.
(2)
The street planting area will also be planted with shrubs and
ground cover plantings to the extent that fifty (50) percent of the
street planting area is planted with vegetation other than turf
grass.
Buffer Yard Screening
(1)
When a new building is constructed in the design district, a solid
eight (8) foot fence with a flat top must be installed between any
commercial or office and residential properties, or a landscape/
buffer plan must be approved by the Planning Commission staff.
The fence shall be maintained in a structurally sound manor, in
good appearance, replaced when necessary and kept free of refuse
and debris.
Chapter 10 – Supplementary Uses
10 -6
April 2015
(2)
b.
F.
Fencing made of barbed wire, razor wire, plastic or chain-link is
prohibited.
Vehicular Use Area
(1)
All parking areas must contain a minimum of two (2) Class “A”
trees or four (4) Class “B” trees for every fifteen (15) parking
spaces, or fraction thereof.
(2)
All vehicular use areas shall be required to have a minimum of
ten (10) percent of the total vehicular use area landscaped with
trees, shrubs, and ground cover other than turf grass.
(3)
No parking space is allowed to be further than forty (40) feet from
a Class “A” tree.
(4)
Impervious parking areas must include tree plantings designed to
result in forty (40) percent shading of parking lot surface areas
within fifteen (15) years.
(5)
Service Areas

Utility areas, mechanical equipment or designated loading
space shall be located at the rear of the building. Service
areas should be designed to be part of the primary building.

If the service area is separate from the building it serves, it
must be enclosed by a six (6) foot opaque, wood, or masonry
fence. The fence shall be maintained in a structurally sound
manner, in good appearance, replaced when necessary and
kept free of refuse and debris.

All exterior trash, exposed storage areas, machinery, service
areas, truck loading areas, utility buildings, air conditioning
units and other similar structures must be screened from
view from neighboring properties and streets with the same
materials, color and/or style as the primary building in order
to be architecturally compatible with the primary building.

All roof equipment must be screened from public view so as
not to be visible from the street.
Design Standards
1.
Building Materials
a.
ExteriorBuilding Materials
(1)
Unpainted or painted standard grey concrete masonry units.
(2)
Residential type Vinyl or Aluminum siding (i.e. simulated-lapped
board types).
(3)
Non-Architectural type pre-engineered metal building wall and
roof components (trapezoidal panels with exposed fasteners, etc.).
Chapter 10 – Supplementary Uses
10 -7
April 2015
b.
Section 10.102b
A.
(4)
Exterior Insulation Finish System (i.e. EIFS one-coat soft
systems).
(5)
Non-architectural type asphalt shingles (i.e. three-tab asphalt
shingles.
ExteriorBuilding Material Required for Use on Exposed to View Facades
(1)
Ceramic tile.
(2)
Stucco (three-coat hard systems with hard or synthetic finish
coat).
(3)
Architectural type metal wall and roof panels (standing-seam
panels, flush panels, etc. with concealed fasteners).
(4)
Wood and/or Composite type siding and trim (i.e. beveled lapped
siding, Hardiplank siding/trim and wood trim).
(5)
Wood, Vinyl and Metal Soffit Panels (i.e. finished wood trim,
perforated Hardiplank panels, vinyl or metal interlocking panels,
aluminum vents, etc.).
(6)
Decorative type concrete masonry units (i.e. split-faced, ground
face, ribbed, brick, etc.).
(7)
Exposed High Pitch roofing (architectural-type asphalt shingles,
slate
shingles,
clay
tile
shingles,
wood
shingles,
composite/cementitious simulated slate shingles, and metal
shingles, etc.).
(8)
Non-Exposed Low Pitch Roofing Systems (i.e. Built-up roofing,
modified bitumen, EPDM, sprayed foam, etc.).
Urban Design Overlay District Two – Bluebonnet Boulevard
Purpose
To provide guidelines for development activity within the Bluebonnet Boulevard Urban
Design Overlay District (District) as shown in Appendix G along Bluebonnet Boulevard
from Claycut Bayou to Airline Highway. This District is to strengthen the physical and
economic character of the neighborhood by mitigating or avoiding incompatibility of
buildings or services.
B.
Waivers, Variances, and Exceptions
1.
C.
Permitted Uses
1.
D.
The Designated Line as set forth in this Ordinance may be altered only with the
affirmative vote of two-thirds (2/3) of the members of the Metropolitan Council.
On the publicly owned lots marked on Appendix G, the use shall be limited to
green space or access to a publicly dedicated right of way.
Utilities
Chapter 10 – Supplementary Uses
10 -8
April 2015
1.
E.
Lighting
a.
Lighting mounted on buildings or fences shall be no more than seven (7)
feet above the ground.
b.
Pole lighting is allowed in parking areas. Pole lighting is limited to
eighteen (18) feet in height and may not be located in the Bufferyard.
c.
Any external pole mounted lighting must be oriented inward, toward the
development or structures, to minimize intrusion into surrounding
property. All external lighting must be shielded, bulb recessed and
directional.
Signage
1.
2.
Prohibited Signs
a.
Except as provided below, and subject to the general requirements of the
Unified Development Code only Monument Signs and Wall Signs are
allowed in the Urban Design Overlay District, provided however, in no
event shall the dimensions of the sign exceed the size limitations based
on the zoning classification of a lot set forth generally in the Unified
Development Code and provided, further, however that Pylon Signs shall
be allowed along Jefferson Highway if otherwise permitted under the
Unified Development Code.
b.
No off-premises signs are allowed.
Illumination
a.
F.
An allowed Monument Sign may not flash, blink or fluctuate; and may
not be animated.
Parking
1.
Off-Street Parking
a.
G.
All parking lots must have a concrete curb and gutter configuration.
"Pin-on" parking bumper and/or parking blocks may be installed, but
must be permanently affixed.
Landscape and Trees
1.
2.
Applicability of Landscape Requirements
a.
A building constructed or re-constructed within Urban Design Overlay
District 2, shall, in addition to complying with the Unified Development
Code requirements imposed based on the zoning classification of the lot
upon which the building is constructed or reconstructed, shall comply
with the following additional landscaping requirements.
b.
In the event the UDC requires additional affirmative landscaping
obligations, the more burdensome provision shall apply.
Landscape Standards
Chapter 10 – Supplementary Uses
10 -9
April 2015
a.
Street Planting Area
(1)
b.
Section 10.102c
A Street Planting Area is required within the ten (10) foot front
yard on Bluebonnet Boulevard and Jefferson Highway. The
minimum requirements for the street planting area include one
(1) Class "A" tree or three (3) Class "B” trees for every fifty (50)
linear feet of public street frontage, or fraction thereof, measured
at the property line. Seventy-five (75) percent of the required
trees must be evergreens and maybe located anywhere within the
street planting area will also be planted with shrubs and ground
cover plantings to the extent that forty (40) percent of the street
planting area is planted with vegetation other than turf grass.
Corner lots with frontage on more than one street must provide a
street planting requirement along the entire street frontage.
Buffer Yard Screening
(1)
The Bufferyard shall include a fence with a minimum height of
eight (8) feet.
(2)
All air-conditioning compressors will be roof mounted or screened
and refuse collection must be kept in a dumpster, enclosed by a
six (6) foot opaque, wood or masonry fence. Dumpsters may not
be located in Bufferyards.
Urban Design Overlay District Three – Government Street
Purpose
To provide guidelines for development activity in the Government Street Urban Design
Overlay District (District) as shown in Appendix G which include lots fronting Government
Street from Interstate 110 to Jefferson Highway and along Jefferson Highway from Government
Street to Claycut Road. This District is to strengthen the physical and economic character of
the corridor by promoting and encouraging consistency in the quality of design.
Enforcement and Review
Development is as any new construction, expansion, reconstruction, or exterior
renovation which requires the issuance of a building permit and involves forty
(40) percent or more of an existing building or structure. An exterior renovation,
expansion or reconstruction shall be calculated based upon the gross square
footage under the roof.
a.
Any Development within the District, shall comply with the Unified
Development Code requirements imposed based on the zoning
classification of the lot upon which the building or other improvement or
signage is constructed or reconstructed and in addition shall comply
with the additional requirements set forth in this section. In addition,
any Development within this district, with the exception of Small Planned
Unit Developments (SPUDs), Planned Unit Developments (PUDs), and
Traditional Neighborhood Developments (TNDs) shall comply with the
additional requirements set forth in this Ordinance.
Government Street UDOD Standards Committee
Chapter 10 – Supplementary Uses
10 -10
April 2015
a.
A committee shall be established to oversee the implementation of this
section. The committee shall include the City-Parish Planning Director,
the Zoning Enforcement Chief, the District 61 State Representative,
District 7 Councilmember, District 10 Councilmember, District 11
Councilmember, a representative from Mid City Redevelopment Alliance
and two (2) representatives from Mid City Merchants Association.
Waivers, Variances, and Exceptions
Waivers of SPUD, PUD and TND Common/Open Space requirements may be
granted by the Planning Commission and Metropolitan Council.
The Designated Line as set forth in this section may be altered only with the
affirmative vote of two-thirds (2/3) of the members of the Metropolitan Council
voting at a meeting in which a quorum is present. The Planning Commission
staff shall certify compliance with the District prior to the issuance of a building
permit.
Dimensional Regulations
Permitted Height
a.
The maximum Top Plate Height of any new building in the Designated
Line shall be forty (40) feet.
Geometric Standards for Development
a.
Building Lines
(1)
For all new buildings, parking areas must be located at the rear
or side of the primary building or structure unless physical
constraints of lot size make this request impossible as determined
by the Planning Director. The main entrance must be visually and
physically accessible from the public sidewalk and street. On
corner lots, no parking areas may be located between the building
or the two (2) front property lines.
Building Siting and Orientation
a.
New buildings shall be set back not less than ten (10) normore than
fifteen (15) feet from the front lot line. Building may be set back foot for
foot up to thirty (30) feet to accommodate a courtyard.
Utilities
Lighting
a.
All lighting for Developments in the District must comply with the
Chapter 14 Utilities within one (1) year of September 1, 2007.
Streets and Sidewalks
Sidewalks
Chapter 10 – Supplementary Uses
10 -11
April 2015
a.
Adequate and safe sidewalks and areas of pedestrian circulation from
street and parking areas shall be provided for Developments. The
sidewalks and circulation areas must be a minimum of five (5) feet in
width and distinguished from vehicle use areas by using colored
pavement, brick, alternative pavements and/or landscaping.
Transit
a.
Parking
Developments with more than four hundred (400) feet of Frontage at
designated CATS bus stops may construct a bus shelter which is
architecturally compatible with the primary building and may be eligible
for a credit against traffic impact fees as determined by the Department
of Public Works.
Off-Street Parking
a.
Rooftop parking is encouraged and should be utilized if possible.
b.
Cross access easements between parking lots are encouraged in site plan
review.
c.
Subdivided properties shall utilize shared parking and shared street
entrances, which shall be shown on the final plat.
Alternative Porous Pavement Parking
a.
Alternative Porous Pavement must be utilized for parking spaces over the
required number of parking spaces for that Development. Alternative
Porous Pavement must also be utilized for parking on lots that abut
Wards Creek or Dawson Creek.
The use of porous pavement is
encouraged throughout the parking areas. Use of vegetated swales and
small constructed wetlands to slow and cleanse stormwater runoff are
strongly encouraged.
Schedule of Off-Street Parking Requirements
a.
One bicycle parking space for every twenty (20) motor vehicle parking
spaces or a rack(s) that will hold ten (10) bicycles (permanently
anchored) shall be provided for Developments. The bicycle rack(s) must
be visually and physically accessible from the public sidewalk and street.
b.
The Planning Director may grant a parking reduction up to twenty-five
(25) percent of the required number of spaces, whenever development are
for a high density use such as multi-family projects of less than seventyfive (75) units, commercial recreation facilities with land area containing
more than one-half acre, offices, shops, stores, or other commercial uses
with a building or buildings containing less than thirty thousand
(30,000) square feet, or an addition to an existing structure(s) in which
the increase in aggregate floor area less than thirty thousand (30,000)
square feet and is less than twenty (20) percent.
c.
Parking reductions for multi-family developments greater than seventyfive (75) units or commercial or office uses with a building or buildings
containing more than thirty thousand (30,000) square feet, or an
Chapter 10 – Supplementary Uses
10 -12
April 2015
addition to an existing structure(s) in which the increase in aggregate
floor area greater than thirty thousand (30,000) square feet is greater
than twenty (20) percent must be granted by the Planning Commission.
Design Standards
a.
Shared drive-ways and parking areas are encouraged to minimize the
number of curb cuts along Government Street.
Landscaping and Trees
Landscape Standards
a.
b.
Street Yard Planting Area
(1)
Any Development within this overlay District with an existing
Building Setback of twenty feet (20) or more shall include a ten
foot (10) Street Yard Planting Area within the Front yard. The
minimum requirements for the Street Yard Planting Area shall
include one (1) Class “A” tree or three (3) Class “B” trees for every
forty (40) linear feet of public street frontage, or fraction thereof,
measured at the property line.
(2)
The Street Yard Planting Area for any Development shall also
include:
!
Shrubs and ground cover plantings to the extent that forty
percent (40) of the street planting area is planted with
vegetation other than turf grass.
!
Hardscape elements such as courtyards, plazas, planters,
beaches, fountains and tables, in addition to the required
trees may be included.
!
A combination of both landscape and hardscape elements is
encouraged.
!
Corner lots with frontage on more than one street must
provide a Street Yard Planting Area along the entire frontage
of both streets.
!
Any Development containing twenty-five (25) or more parking
spaces shall contain a minimum of two (2) Class “A” trees or
four (4) Class “B” trees for every 15 parking spaces, or fraction
thereof.
!
All parking areas shall be required to have a minimum of ten
percent (10) of the total Vehicular Use Area landscaped with
trees, shrubs and ground cover other than turf grass.
Buffer Yard Screening
(1)
Any commercial Development that abuts a lot with residential
zoning or residential existing land use must contain a minimum
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twelve (12) foot wide Bufferyard and the minimum planting as
required for a twenty foot (20) Bufferyard Type B. Seventy-five
percent (75) of the required trees in the Bufferyard must be
evergreen.
(2)
c.
d.
Unless otherwise provided, allowable materials for fences and
walls include: natural and man-made stone, brick, aluminum,
architectural concrete, or wood. Fencing made of barbed wire,
razor wire, plastic, chain link, or vinyl clad chain link is
prohibited.
Vehicular Use Area
(1)
Any Development containing twenty-five (25) or more parking
spaces shall include sunken parking islands with curb cuts or
drains that would allow channelization of stormwater to
vegetation planted within the island.
(2)
Parking areas that abut a residential lot must include a solid
eight-foot (8) fence, constructed with allowable materials, for
screening. A fence permit that is in compliance with UDC
Chapter 9.3 must be obtained from the Department of Public
Works Inspection Division.
(3)
Where gas fueling bays or any portion of a Vehicular Use Area
front directly on Government Street, a screen of evergreen
plantings shall be provided. The screen shall be a minimum
height of two feet (2), a maximum height of three feet (3) and shall
be placed within the Street Yard Planting Area (minimum width of
ten feet (10).
Maintenance
(1)
Signs
Landscaping must be maintained according to the plan that was
approved as part of the Building Permit process.
Abandoned
a.
All abandoned signs within the District must be removed or comply with
the sign regulations in this section and Chapter 16 Signs within three (3)
years of September 1, 2007.
Non-conforming (Grandfather Clause)
a.
All existing signs in use in an active trade or business as of September 1,
2007 are allowed, and such signs are exempt from the limitations of the
District.
b.
Except as provided below, if there are any modifications to the nonconforming sign in any way except for routine maintenance such as
replacing bulbs, ballists and the replacing of existing faces or panels, or
any change in use of the building or property, the non-conforming sign
must be brought into compliance with the new sign regulations
contained in the District.
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April 2015
c.
All existing signs not in use as part of an active trade or business as of
September 1, 2007 must comply with the new sign regulations.
d.
If renovations are made to the building or property as the result of a
casualty, or if the nonconforming sign is damaged as the result of a
casualty, and repairs or reconstructions are commenced within one
hundred twenty (120) days, then the nonconforming sign may be
replaced in accordance with signage requirements of the Unified
Development Code in lieu of Section 10.102c.I.2.a above.
Calculations
a.
Developments with fifty (50) feet or less of Frontage may only utilize wall,
canopy, awning or projecting signs. All signs must be attached to the
building.
b.
Developments with fifty (50) or less of Frontage with a building setback of
at least thirty (30) feet may utilize a monument sign not to exceed six (6)
feet in height.
c.
Developments with more than fifty (50) feet and less than two hundred
(200) feet of Frontage may utilize a monument sign not to exceed six (6)
feet in height and thirty-six (36) square feet per face.
d.
Developments with more than two hundred (200) feet of Frontage may
utilize a monument sign not exceed ten (10) feet in height and one
hundred (100) square feet per face.
Prohibited Signs
a.
Except as provided below, and subject to the general requirements of the
Unified Development Code only Monument Signs, Wall Signs, Canopy
signs, Awning Signs and Projecting Signs are allowed in the District.
b.
No off-premises signs are allowed.
c.
Pole signs not specifically allowed in this section, off-premise signs,
changeable letter signs (except as part of an identification sign), and
flagging are prohibited.
Illumination
a.
Signs may not flash, blink or fluctuate; and may not be animated.
Temporary Signs
a.
Temporary signs are allowed in accordance with Section 16.12of the
Unified Development Code.
Permanent On-Premise Signs by Type
a.
Wall Signs
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April 2015
(1)
b.
Canopy and Awning Signs
(1)
c.
Wall signs for any Development cannot exceed thirty-six (36)
square feet in sign area.
Canopy, awning and projecting signs are not to exceed twelve (12)
feet in length.
Detached Signs
(1)
One monument sign is allowed per Frontage.
Design Standards
Scale and Façade
a.
For new buildings or additions to existing buildings, facades shall
incorporate recesses and projections along at least thirty (30) percent of
the length of the façade facing a public street.
b.
In order to promote pedestrian traffic, windows, awnings and arcades
shall total at least sixty (60) percent of the façade length facing a public
street.
Building Materials
a.
Section 10.102d
Pre-engineered metal panels shall not exceed twenty (20) percent of the
exterior of any new building.
Urban Design Overlay District Four – Nicholson Drive, Old South
Baton Rouge
A. Purpose
To provide guidelines for development activity in Urban Design Overlay District Four
(District) as shown in Appendix G along Nicholson Drive from Chimes Street (to the
south) to Interstate I-10 (to the north) and to strengthen the physical and economic
character of the corridor by promoting and encouraging consistency in the quality of
design and compatibility with the existing character of the area and the neighborhood
residents’ vision as emerged through the Old South Baton Rouge Revitalization
Planning process.
The district boundaries as set forth in this Ordinance may be altered only with the
affirmative vote of two-thirds (2/3) of the members of the Metropolitan Council voting at
a meeting in which a quorum is present. The Planning Commission staff shall certify
compliance with the District prior to the issuance of a building permit.
B. Enforcement and Review
1. New Construction
a. All developments within this district, with the exception of single family detached
units, Infill/Mixed-Use Small Planned Unit Developments (ISPUDs), Small Planned
Unit Developments (SPUDs), Planned Unit Developments (PUDs), and Traditional
Neighborhood Developments (TNDs), shall also comply with the additional
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April 2015
requirements set forth in this UDOD Ordinance. Planning Commission staff shall
certify compliance prior to issuance of building permits.
2. Existing Development
a. All lighting in Urban Design Overlay District 4 must comply with the current
Lighting Ordinance (13384) within one (1) year from the date of approval of this
Ordinance by the Metropolitan Council.
b. All on premise signs in Urban Design Overlay District 4 must comply with the sign
regulations imposed by this Ordinance and the Unified Development Code Sign
Ordinance within five (5) years from the date of approval of this Ordinance by the
Metropolitan Council.
3. Renovations and Additions
a. Any renovation, expansion or reconstruction of forty (40) percent or more of an
existing building or structure. A renovation, expansion or reconstruction shall be
calculated based upon the gross square footage under the roof.
Planning
Commission staff shall certify compliance prior to issuance of Certificates of
Occupancy.
b. All developments within this district with the exception of single family detached
units shall also comply with the additional requirements set forth in this Ordinance.
C. Waivers, Variances, and Exceptions
1. The district boundaries as set forth in this Ordinance may be altered only with the
affirmative vote of two-thirds (2/3) of the members of the Metropolitan Council voting at
a meeting in which a quorum is present.
2. Refer to Old South Baton Rouge supplementary materials located in the
PlanningCommissionResourceCenter for requirements for attaining sign permits in the
District.
D. Dimensional Regulations
1. Building Siting and Orientation
a. This section describes the architectural guidelines that aid in enhancing the spatial
legibility and the overall aesthetics of the District.
b. As highlighted in the Old South Baton Rouge Neighborhood and Economic
Revitalization Strategy, Nicholson Drive has been divided into three distinct zones
that will manifest unique development patterns: The North Zone will develop as a
southern extension of the Catfishtown attractions and entertainment district
flanked by other uses such as residential, office, commercial, hospitality and
tourism. The South Zone will continue to evolve as a higher quality, LSU student
living and commercial district with mixed-use, apartments, lofts, and
condominiums, which will also influence the Central Zone to transition from a
single-family neighborhood to a slightly higher density townhome environment with
a possibility of low-rise mixed-use apartment flats at the north end.
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c. Separate “Orientation, Siting, and Setback”, “Scale and Height”, “Parking and
Access Accommodations”, and “Park and Open Space Accommodations” subsections
apply specifically to each of the aforementioned Zones.
d. North Zone
(i)
Orientation, Siting, and Setback
!
The general intent of the orientation, siting and setback standards for
the North Zone is to encourage development that reinforces the urban
grid of the neighborhood street and sidewalk system by maintaining a
consistent building edge behind the right-of-way/parcel lines with
parking and servicing to the side and rear out of view. Outlined
below are the relative setback standards by use and location:
a. Pedestrian entrances and storefronts should be designed to orient
to the block’s street frontage. While side or rear entries may be
needed, the predominant major building entry should be oriented
toward the major street.
b. The front building facade should be oriented parallel to the street
or toward a major plaza or park.
c. Buildings on corners along Nicholson Drive and on public open
spaces should include storefront design features for at least fifty
(50) percent of the ground floor wall area on the side street
elevation.
d. Commercial and mixed-use buildings along Nicholson Drive shall
have a minimum front yard setback of ten (10) feet and a
maximum of fifteen (15) feet from the public right-of-way and
intersecting side street right-of-way.
e. Commercial and mixed-use buildings along existing or new
address streets shall have a minimum front yard setback of five
(5) feet and a maximum of ten (10) feet from the public right-ofway and intersecting side street right-of-way.
f. Commercial and mixed-use buildings having a publicly accessible
arcade or porch structure, measuring between ten (10) feet and
fifteen (15) feet in width, on the ground floor of the front façade,
may be built directly behind the public right-of–way line on
Nicholson Drive and its related side street corners.
g. Commercial and mixed-use buildings having a publicly accessible
arcade or porch structure, measuring between eight (8) feet and
ten (10) feet in width, on the ground floor of the front façade, may
be built directly behind the public right-of–way line on existing or
new address streets.
h. Buildings exceeding four stories in height must step the upper
floor facades (on the street side) an addition fifteen (15) feet for a
total setback of twenty-five (25) feet minimum to thirty (30) feet
maximum, depending on the initial ground level building setback
below.
i. Multifamily residential buildings along Nicholson Drive shall have
a minimum front yard setback of ten (10) feet and a maximum of
fifteen (15) feet from the public right-of-way and intersecting side
street right-of-way.
j. Multifamily residential buildings along existing or new address
streets shall have a minimum front yard setback of ten (10) feet
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April 2015
and a maximum of fifteen (15) feet from the public right-of-way
and intersecting side street right-of-way.
k. On-site surface parking bays running parallel with Nicholson
Drive or proposed address streets shall be setback a minimum of
six (6) feet and maximum of eight (8) feet from the public right-ofway to accommodate adequate screening for the parking lot.
l. On-site, mid-block parking bays running perpendicular to
Nicholson Drive or a proposed address street shall be setback a
minimum of ten (10) feet and maximum of fifteen (15) feet to
accommodate entry parking islands.
m. All structures shall be setback in accordance with the sections
illustrated in Old South Baton Rouge supplementary materials
located in the PlanningCommissionResourceCenter.
n. There shall be a thirty (30) feet minimum separation between
multifamily residential buildings.
(ii)
Scale and Height
!
The general intent of the height and scale standards for the North
Zone is to encourage development that is a minimum of two stories
and a maximum of eight-stories, with accompanying roof structures
that are no more than one additional story in height allowing for
rooftop utilities and potential dormered loft spaces. Outlined below
are the relative height standards by use and location:
a. North Nicholson Zone – North of Oklahoma Avenue
i.
ii.
iii.
iv.
v.
vi.
vii.
Multi-family residential buildings on Nicholson Dr. or an
“Address Street” must be four stories or forty-five (45) feet
minimum and are permitted to be eight stories or ninety (90)
feet maximum to the top plate height.
Mixed-use buildings with retail on the ground level and
residential above must be four stories or fifty (50) feet
minimum and are permitted to be eight stories or ninety-five
(95) feet maximum to the top plate height.
Commercial/office buildings must be four stories or fifty (50)
feet minimum and are permitted to be eight stories or ninetyfive (95) feet maximum to the top plate height.
Ancillary structures must be two stories or twenty-five (25)
feet minimum height provided that two- story structures shall
be employed only as supporting elements that are integral to
larger building masses on site.
Parking Structures are permitted to a maximum height of fifty
(50) feet to the top of screen wall parapet.
In lower elevation, flood prone areas homes and businesses
must be elevated one (1) foot above the minimum Base Flood
Elevation and constructed in a manner that flood water is not
displaced on another property owner by excessive filling. The
structure should be elevated with open pier or wall and flood
louver construction to allow the substructure to flood during
storm events without impact or damage to the principal
structure or neighboring structures.
The height limit for each building and parking structure shall
be in conformance with the approved Unified Development
Code and District guidelines.
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April 2015
b. North Nicholson Zone – South of Oklahoma Avenue
The general intent of the height and scale standards for the North
Zone is to encourage development that is a minimum of four
stories and a maximum of eight stories, with accompanying roof
structures that are no more than one additional story in height
allowing for rooftop utilities and potential dormered loft spaces.
Outlined below are the relative height standards by use and
location:
i.
Multi-family residential buildings on Nicholson Drive or an
“Address Street” must be three stories or thirty-five (35) feet
minimum and are permitted to be four stories or forty-five (45)
feet maximum to the top plate height.
ii. Townhome buildings on Nicholson Drive or an “Address
Street” must be three stories or thirty-five (35) feet minimum
and are permitted to be four stories or forty-five (45) feet
maximum to the top plate height.
iii. Mixed-use buildings with retail on the ground level and
residential above must be three stories or forty (40) feet
minimum and are permitted to be four stories or fifty (50) feet
maximum to the top plate height.
iv. Commercial office buildings must be three stories or forty (40)
feet minimum and are permitted to be four stories or fifty (50)
feet maximum to the top plate height.
v. Ancillary structures must be two stories or twenty-five (25)
feet minimum height provided that two- story structures shall
be employed only as supporting elements that are integral to
larger building masses on site.
vi. Parking structures must be two to three levels with a
maximum height of thirty-five (35) feet to the top of screen
wall parapet.
vii. In lower elevation, flood prone areas homes and businesses
must be elevated one (1) foot above the minimum Base Flood
Elevation and constructed in a manner that flood water is not
displaced on another property owner by excessive filling. The
structure should be elevated with open pier or wall and flood
louver construction to allow the substructure to flood during
storm events without impact or damage to the principal
structure or neighboring structures.
viii. The height limit for each building and parking structure shall
be in conformance with the approved Unified Development
Code and this ordinance’s guidelines.
(iii)
Parking and Access Accommodations
!
The general intent of the parking and access siting standards for the
North Zone is to encourage both surface and structured parking
design and layout that minimizes the visual impact on surrounding
developments and the public realm. Outlined below are the relevant
parking and access standards by location:
a. All surface parking shall be located at the rear of the buildings
they serve.
Chapter 10 – Supplementary Uses
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April 2015
b. Mid-block and corner parking oriented to the side of the building
it serves is permitted with the approval of Planning Commission
staff.
c. One surface parking access point per block face per development
shall be permitted along Nicholson Drive and all adjoining side
streets.
d. Required parking may be accommodated under the rear of
residential structures if it is screened from the public right-ofway.
e. Surface parking must be configured to allow adequate service
truck access to trash, recycling and utility services areas of a
building.
f. Free standing parking lots shall be setback a minimum of fifteen
(15) feet and a maximum of twenty (20) feet from the rear façade
of retail, commercial or mixed-use structures (unless the parking
is incorporated into the ground floor of the structure).
g. Free standing parking lots shall be setback a minimum of ten
(10) feet and a maximum of fifteen (15) feet from the rear façade
of multi-family residential structures (unless the parking is
incorporated into the ground floor of the structure).
h. One parking structure access point per block face shall be
permitted along Nicholson Drive.
i. Parking structures may include a green roof deck for density
bonus consideration by the Planning Commission. (See Appendix
K – Stormwater BMP Manual)
j. Underground parking structures are optional.
(iv)
Park and Open Space Accommodations
!
The general intent of the park and open space standards for the
North Zone is; first, to encourage the preservation of mature
vegetation in the area and reestablish the “Civic Boulevard” character
that has been lost along the Nicholson Corridor; second, to establish
a greenway along the northern portion of the Corporation Canal as
parcels are redeveloped; and third, to establish a designated portion
of the North Zone as a large public gathering and event space for the
citizens of Old South Baton Rouge. Outlined below are the relevant
park and open space standards by location:
!
A twenty-five (25) feet minimum building and parking setback,
measured from the centerline, on the west side of the Corporation
Canal from Interstate 10 to Van Buren Street must be respected and
all existing mature, healthy vegetation must be preserved and
documented within this zone.
e. Central Zone
(i)
Orientation, Siting, and Setback
!
The general intent of the orientation, siting and setback standards for
the Central Zone is to encourage development that reinforces the
pastoral qualities of the Nicholson Drive tree lined boulevard and the
Magnolia Mound Plantation. This can be achieved by maintaining
the large green setback along both sides of Nicholson Drive as a park
like setting for low scale residences framing small scale interior
Chapter 10 – Supplementary Uses
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April 2015
streets and parking spaces, with convenient on-street visitor parking
and resident parking to the rear of the homes out of view. Outlined
below are the relative setback standards by use and location:
a. Attached Townhome Buildings along interior streets and mews
shall have a minimum setback of five (5) feet and a maximum of
fifteen (15) feet from the public right-of-way or from the back of
sidewalk on a private street or internal green space.
b. There shall be a twenty (20) feet minimum separation between
attached residential townhome buildings.
c. Mixed-use buildings along Nicholson Drive shall have a minimum
front yard setback of fifty (50) feet and a maximum of ten (10) feet
from the public right-of-way and intersecting side street right-ofway.
d. Buildings on corners along Nicholson Drive and on public open
spaces should include storefront design features for at least fifty
(50) percent of the ground floor wall area on the side street
elevation.
e. Pedestrian entrances and storefronts should be designed to orient
to the block’s street frontage. While side or rear entries may be
needed, the predominant major building entry should be oriented
toward the major street.
f. The front building facade should be oriented parallel to the street
or toward a major interior plaza or park.
g. Multifamily residential buildings along Nicholson Drive shall have
a minimum front yard setback of fifty (50) feet and a maximum of
fifty-five (55) feet from the public right-of-way and a minimum
side street setback of ten (10) feet from the right-of-way.
h. There shall be a thirty (30) feet minimum separation between
multi-family residential or mixed-use buildings.
i. All structures shall face onto either a roadway or internal open
space.
Structures are not permitted to side or back onto
Nicholson Drive.
j. All structures shall be setback in accordance with the sections
illustrated in Exhibits 14 through 18 in the Old South Baton
Rouge
supplementary
materials
located
in
the
PlanningCommissionResourceCenter.
(ii)
Scale and Height
!
The general intent of the height and scale standards for the Central
Zone is to encourage development that is a minimum of two stories
and a maximum of three (3) stories, with accompanying roof
structures that are no more than one additional story in height
allowing for rooftop utilities and potential dormered loft spaces.
Outlined below are the relative height standards by use and location:
a. Multi-family residential buildings along Nicholson Drive and
internal to the site, as illustrated in Old South Baton Rouge
supplementary materials located in the Planning Commission
Resource Center, are permitted to be three stories or thirty-five
(35) feet maximum to the top plate height.
b. Multi-family residential buildings on Nicholson Dr. or an “Address
Street” must be two stories or twenty-five (25) feet minimum and
Chapter 10 – Supplementary Uses
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April 2015
c.
d.
e.
f.
g.
h.
(iii)
are permitted to be three stories or thirty-five (35) feet maximum
to the top plate height.
Townhome buildings along Nicholson drive and interior to the site
are permitted to be three stories or thirty-five (35) feet maximum
to the top plate height.
Townhome buildings on side streets are permitted to be three
stories or thirty-five (35) feet maximum to the top plate height.
Mixed-use buildings with retail on the ground level and
residential above must be three storiesor forty (40) feet maximum
to the top plate height.
Ancillary structures must be a one story or fifteen (15) feet
minimum height provided that single story structures shall be
employed only as supporting elements that are integral to larger
building masses on site.
The height limit for each building and parking structure shall also
be in conformance with the approved Unified Development Code
and these District guidelines.
In lower elevation, flood prone areas businesses must be elevated
above the minimum Base Flood Elevation and constructed in a
manner that flood water is not displaced on anther property
owner by excessive filling. The structure should be elevated with
open pier or wall and flood louver construction to allow the
substructure to flood during storm events without impact or
damage to the principal structure or neighboring structures.
Parking and Access Accommodation.
!
The general intent of the parking and access siting standards for the
Central Zone is to encourage both surface parking that minimizes the
visual impact on surrounding developments and site access that
minimizes the vehicular conflicts along Nicholson Drive and
neighboring, intersecting streets. Outlined below are the relevant
parking and access standards by location:
a. Private resident parking shall be located and accessed with an
alley to the rear of multifamily or commercial buildings and
consist of a garage integral to the residence, a freestanding garage
or a parking pad.
b. Freestanding garages shall be placed a minimum of five (5) feet
and maximum of ten (10) feet from the alley right-of-way to allow
for proper turning movements from the alley cartway.
c. All surface parking for multi-family or Mixed-use buildings shall
be located at the rear of the buildings they serve.
d. One shared parking access point per block face shall be permitted
along all adjoining side streets; however, no direct parking lot
access is permitted off of Nicholson Drive.
e. Alleys and parking driveways at the rear of mixed-use or
residential buildings with parking below shall be set back a
minimum of five (5) feet and a maximum of ten (10) feet from the
rear façade to allow for proper turning movements from the alley
cartway.
f. On-street parallel parking within public rights of way or private
street easements.
g. Visitor parking shall be provided within the on-street parking
spaces.
Chapter 10 – Supplementary Uses
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April 2015
h. Required parking may be accommodated under the rear of
residential structures if it is screened from the public right-of-way
(Old South Baton Rouge supplementary materials located in the
PlanningCommissionResourceCenter).
i. Free standing parking lots shall be setback a minimum of fifteen
(15) feet and a maximum of twenty (20) feet from the rear façade
of multi-family residential structures (unless the parking is
incorporated into the ground floor of the structure).
j. No parking structures are permitted within the Central Zone area.
k. Streets and alleys must be configured to allow adequate service
truck access to trash, recycling and utility services areas of a
building.
l. Semi-transparent fences are allowed, but are limited to three (3)
feet in height (e.g., wood picket and decorative metal fences).
m. Six (6) foot high privacy fences may be allowed in rear and side
yards. Privacy fencing is not permitted to extend forward from the
back of the structure toward the front of the house and/or street.
(iv)
Park and Open Space Accommodations
!
The general intent of the park and open space standards for the
Central Zone is to encourage the preservation of mature vegetation
and the pastoral character along the Nicholson Corridor and its
surrounding large lot sites. The large open spaces, mature trees and
heritage of the area is what makes this portion of Nicholson unique
and thus development in this area must be held to a higher standard
than revitalization areas to the north an south. Outlined below are
the relevant park and open space standards by location:
a. A fifty (50) feet building setback on the west and east sides of
Nicholson Drive must be respected and all existing mature,
healthy vegetation must be preserved and documented within this
zone.
b. All proposed development sites along Nicholson Drive between
Garner Avenue and Johnson Street must have a detailed tree
surveyed prepared for the site indicating the species and health of
any mature tree over six (6) inches in diameter at breast height
(DBH).
c. Twenty (20) percent of any development site must be kept in
dedicated open space, preferably located around exiting mature
trees and directly across Nicholson drive from the Magnolia
Plantation House as illustrated in Old South Baton Rouge
supplementary
materials
located
in
the
PlanningCommissionResourceCenter.
f.
South Zone
(i)
Orientation, Siting, and Setbacks
!
The general intent of the orientation, siting and setback standards for
the South Zone is to encourage development that reinforces the
urban grid of the neighborhood street and sidewalk system by
maintaining a consistent building edge behind the right-ofway/parcel lines with parking and servicing to the side and rear out
Chapter 10 – Supplementary Uses
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April 2015
of view. Outlined below are the relative setback standards by use
and location:
a. Pedestrian entrances and storefronts should be designed to orient
to the block’s street frontage. While side or rear entries may be
needed, the predominant major building entry should be oriented
toward the major street.
b. The front building façade should be oriented parallel to the street
or toward a major plaza or park.
c. Buildings on corners along Nicholson Drive and on public open
spaces should include storefront design features for at least fifty
(50) percent of the ground floor wall area on the side street
elevation.
d. Commercial buildings along Nicholson Drive shall have a
minimum front yard setback of fifty (50) feet and a maximum of
ten (10) feet from the public right-of-way and intersecting side
street right-of-way.
e. Mixed-use buildings along Nicholson Drive shall have a minimum
front yard setback of five (5) feet and a maximum of ten (10) feet
from the public right-of-way and intersecting side street right-ofway.
f. Commercial and mixed-use buildings having a publicly accessible
arcade or porch structure, measuring between eight (8) feet and
ten (10) feet in width, on the ground floor of the front façade, may
be built directly behind the public right-of–way line on Nicholson
Drive and its related side street corners (Old South Baton Rouge
supplementary materials located in the Planning Commission
Resource Center).
g. Multifamily residential buildings along Nicholson Drive shall have
a minimum front yard setback of ten (10) feet and a maximum of
fifteen (15) feet from the public right-of-way and intersecting side
street right-of-way.
h. On-site surface parking bays running parallel with Nicholson
Drive shall be setback a minimum of six (6) feet and maximum of
eight (8) feet from the public right-of-way to accommodate
adequate screening for the parking lot. (Old South Baton Rouge
supplementary
materials
located
in
the
PlanningCommissionResourceCenter).
i. On-site, mid-block parking bays running perpendicular to
Nicholson Drive shall be setback a minimum of ten (10) feet and
maximum of fifteen (15) feet to accommodate a parking island
(Old South Baton Rouge supplementary materials located in the
PlanningCommissionResourceCenter).
j. All structures shall be setback in accordance with the sections
illustrated in Exhibits 20 through 25 located in the Planning
Commission office.
k. There shall be thirty (30) feet minimum separation between
multifamily residential buildings.
(ii)
Scale and Height
!
The general intent of the height and scale standards for the South
Zone is to encourage development that is a minimum of two stories
and a maximum of four-stories, with accompanying roof structures
that are no more than one additional story in height allowing for
Chapter 10 – Supplementary Uses
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April 2015
rooftop utilities and potential dormered loft spaces. Outlined below
are the relative height standards by use and location:
a. Multi-family residential buildings on side streets are permitted to
be three stories or thirty-five (35) feet maximum to the top plate
height.
b. Multi-family residential buildings on Nicholson Dr. or an “Address
Street” are permitted to be four stories or forty-five (45) feet
maximum to the top plate height.
c. Townhome buildings on side streets are permitted to be three
stories or thirty-five (35) feet maximum to the top plate height.
d. Mixed-use buildings with retail on the ground level and
residential above are permitted to be four stories or fifty (50) feet
maximum to the top plate height.
e. Commercial buildings are permitted to be three stories or twentyfive (25) feet maximum to the top plate height.
f. Ancillary structures must be a one story or fifteen (15) feet
minimum height provided that single story structures shall be
employed only as supporting elements that are integral to larger
building masses on site.
g. Parking structures must be two to three levels with a maximum
height of thirty-five (35) feet to the top of screen wall parapet.
h. In lower elevation, flood prone areas businesses must be elevated
one (1) foot above the minimum Base Flood Elevation and
constructed in a manner that flood water is not displaced on
another property owner by excessive filling. The structure should
be elevated with open pier or wall and flood louver construction to
allow the substructure to flood during storm events without
impact or damage to the principal structure or neighboring
structures.
(iii)
Parking and Access Accommodations
!
The general intent of the parking and access siting standards for the
South Zone is to encourage both surface and structured parking
design and layout that minimizes the visual impact on surrounding
developments and the public realm. Outlined below are the relevant
parking and access standards by location:
a. All surface parking shall be located at the rear of the buildings
they serve.
b. Mid-block and corner parking oriented to the side of the building
it serves is permitted with the approval of Planning Commission
staff and if designed and implemented per the parking templates
illustrated in Old South Baton Rouge supplementary materials
located in the PlanningCommissionResourceCenter.
c. One shared parking access point per block face shall be permitted
along Nicholson Drive and all adjoining side streets.
d. Required parking may be accommodated under the rear of
multifamily structures if it is screened from the public right-ofway.
e. Surface parking must be configured to allow adequate service
truck access to trash, recycling and utility services areas of a
building.
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f.
Free standing parking lots shall be setback a minimum of seven
(7) feet and a maximum of ten (10) feet from the rear façade of
retail, commercial or mixed-use structures (unless the parking is
incorporated into the ground floor of the structure).
g. Free standing parking lots shall be setback a minimum of fifteen
(15) feet and a maximum of twenty (20) feet from the rear façade
of multi-family structures (unless the parking is incorporated into
the ground floor of the structure).
h. One parking structure access point per block face shall be
permitted along Nicholson Drive.
i. Where possible, parking structures must be centrally located
within a development block and shall not be visible from
surrounding streets.
j. Parking structures may include a green roof deck for density
bonus consideration by the Planning Commission. (See Appendix
K)
E. Utilities
1. Lighting
a. Adequate lighting is essential to both the business community and residents,
because it increases visibility and security. The following are general requirements
and recommendations which should be met when designing for lighting in the
public realm and private development projects.
b. Light Fixture Design Standards
(i)
A coordinated hierarchy and diversity of lighting and intensities is required to
maximize the quality of the nighttime environment with within the District area
to guide pedestrians and motorists through the Nicholson Drive area and
accent special features. Special features may include but are not limited to,
the Magnolia Mount Plantation, parks, courtyards, building entrances,
pathways, and open spaces. This hierarchy and diversity shall respond to the
relative enclosures, spaces, plant and building materials along with building
heights and architectural features.
c. Lighting design criteria shall apply to:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Nicholson Drive
Private Streets, Alleys, and Access Drives
Pedestrian and Landscaped Areas
Natural Open Spaces and Trails
Motor/Pedestrian Courts and Plazas
Surface Parking Areas
d. Public streets within the District shall be illuminated using pedestrian-scale lighting
of twelve (12) feet to fourteen (14) feet pole height with a controlled light distribution
pattern.
e. Private streets, alleys, and access drives shall use pole-mounted lighting to be
compatible with the adjacent architecture. Landscape up-light and down-light
accents shall be provided, where appropriate. In a fashion similar to public streets,
those streets and alleys which are intended to serve a dual use for occasional
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“festival” activities and “outdoor markets” shall include supplemental lighting and
appropriate electrical conduit and service connections to fulfill this purpose.
f.
A lighting plan shall be prepared for all proposed developments of thirty thousand
(30,000) square feet or larger. The plan shall provide both vertical and horizontal
illumination levels.
g. A white-colored light source shall be used to give a truer rendition of the existing
surfaces that are being illuminated. Lighting in pedestrian plazas, pedestrian
connections and sitting areas shall provide reasonable levels of nighttime visibility.
Accent lighting shall be used at special locations such as stairs, entry signage, and
sculpture.
h. Light fixture illumination at motor courts shall be provided from indirect sources
such as landscape, bollard lights, accent uplighting and downlighting. Where used,
pole-mounted sources shall have a controlled cutoff reflector and shall match public
street lighting fixtures. Light sources shall produce a white light. Colored lenses
are prohibited. Lighting shall be positioned and/or screened to minimize light
spillover to adjacent sites and communities.
i.
Except for any hotels and restaurants, flood lighting of building exteriors shall be
prohibited without the approval of Planning Commission staff. An illumination
impact plan may be required by Planning Commission staff prior to building
approval.
j.
The proposed Central Zone park and neighborhood park areas shall be illuminated
similar to private pedestrian landscape areas. Illumination intensities shall be
greater than minimal standards to ensure nighttime “vibrancy” in and around the
area.
Motor courts will receive some illumination from adjacent buildings.
Additional lighting within courtyards shall be provided by hidden source landscape
up-light and down-light accents. Those areas that are intended to serve “festivals”
and “outdoor markets” shall include supplemental lighting and appropriate
electrical conduit and service connections.
F. Streets and Sidewalks
1. Motor Courts and Pedestrian Courts
a. Materials shall indicate to motorists that they have entered a pedestrian area. One
or more materials may be used as the dominant material for motor court paving
including:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Integrally colored concrete with special accent bands.
Pre-cast concrete unit pavers.
Rustic terrazzo (integral exposed aggregate concrete).
Clear or stress finished concrete, with special jointing patterns and accent
bands of another material.
Stone and/or brick pavers.
Imprinted paving patterns, such as stamped concrete.
b. Header curbs are required at the edge of all motor court vehicular driving surfaces
to separate vehicular travelways from pedestrians. They shall be constructed of
concrete or stone. Bituminous curbs are not permitted.
2. Curb Cuts
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April 2015
a. Curb cuts shall be kept to a minimum of one per block face per development. The
Planning Director may grant one additional curb cut per block face not fronting on
Nicholson Drive for developments that utilize structured parking.
3. Sidewalks
a. Site and Building Integration
(i)
Adequate and safe sidewalks and areas of pedestrian circulation from street
and parking areas shall be provided. The sidewalks and circulation areas
must be a minimum of five (5) feet in width and distinguished from vehicle use
areas by using colored pavement, brick, alternative pavements and/or
landscaping.
Pervious hardscape materials should be preferred over
impervious where feasible to help reduce stormwater runoff speed and
quantities.
b. Circulation
(i)
The previous section describes the goals for ground level pedestrian and
vehicular circulation.
Planning Commission staff shall ensure that an
integrated system of through building passages, garage connections,
pedestrian concourses, and covered walkways completes the overall circulation
system.
c. Private sidewalks
(i)
Private walkways shall be provided by individual developers and property
owners and connect to both existing and proposed sidewalks, motor courts,
buildings, and public spaces within neighboring developments.
(ii)
Covered walkways shall be provided by individual developers and/or property
owners at building entries and portecocheres. Sidewalk connections shall also
be provided to buildings and their parking lots. These widths may vary
depending on site constraints.
(iii)
Consistent graphics and lighting programs shall be used to identify all private
walkways. Bituminous paving shall not be used in sidewalk areas as this does
not complete the existing concrete walks and the proposed streetscape
improvements.
d. Public Sidewalks and Associated Streetscapes
(i)
Consistent graphics and lighting programs shall be used to identify public
sidewalks. Bituminous paving shall not be used in sidewalk areas. Where
appropriate pervious pavement materials should be preferred over impervious
materials for any private sidewalk to help reduce stormwater runoff speed and
quantities.
e. Crosswalks
(ii)
Pedestrian crosswalks in the District should be consistent in layout and
design; however, the materials used for implementation may differ between
crossings. The surface treatment of crosswalks will vary depending on the
types of streets of which it is comprised. In areas where a more elaborate
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streetscape crosses one that is less so, the crosswalk treatment should
respond to the more elaborate of the two. Thus, where a brick streetscape
crosses a concrete streetscape, the crosswalks should match the brick.
f.
(iii)
The dimensions for crosswalks may also vary from street to street. It is
generally desirable to align the outer limits of crosswalks with the building
facades or rights-of-way of the two intersecting streets. The inner limits of the
crosswalks are then defined by adopting standard dimensions for crossing
widths (ranging from ten (10) feet to fifteen (15) feet or equal to the
sidewalk/right-of-way width. This approach allows the streetscape to continue
visually across the street. However, this approach does not always work due to
misaligned building facades, curvilinear streets or misaligned streets. In such
cases it is best to run crosswalks parallel to a line projected from face of curb
to face of curb from the misaligned roadways.
(iv)
Street crosswalks are desirable across all public streets, private vehicular
access ways, motor courts and service drives located between parking areas
and building entrances. To enhance public safety, minimize crossing conflicts
and provide visual cues to both pedestrians and motorists, all pedestrian street
crossing shall be well defined. Articulating crosswalks through contrasting
unit paving materials and painted striping will provide a designated path for
pedestrians.
Paving Materials
(i)
Sidewalk paving materials should be reviewed and approved by Planning
Commission staff and where appropriate pervious materials should be used
instead of impervious.
4. Streetscape Amenities
a. Benches, tables and chairs are encouraged within all future pubic enhancement
and private development projects in the District. Color and style should complement
and be coordinated with the building and paving materials. Construction should be
of contoured, recycled wood, plastic or metal with the frame and/or end members
constructed of heavy metal for quality and durability.
b. Trash receptacles are required in public plaza areas, open green spaces, parks, bus
stops, highly trafficked street corners and other sections of the Nicholson Avenue
UDOD where people will congregate. Trash receptacles should also be located
outside of food service facilities and convenience stores. They should not be placed
where they would interfere with pedestrian or ADA movement.
c. Approved materials are stone, pre-cast concrete, and metal. To the extent feasible,
trash receptacle colors and materials shall complement and be coordinated with
adjacent buildings and other site furnishings.
d. Planning Commission staff reserves the right to review and approve all street and
hardscape furnishings. Additional recommendations are presented for each of the
specific streetscape and site furnishing items above in Old South Baton Rouge
supplementary materials located in the PlanningCommissionResourceCenter.
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5. Bikeways
a. Roadway surfaces must be
designed
to
accommodate
bicyclists and should connect to
the surrounding existing and
planned bicycle systems and link
LSU, downtown, the riverfront,
parks, open spaces, schools,
libraries, civic buildings and
neighborhoods within the area.
Bike lanes shall meet all local
transportation
and
state
regulations. Bikeway lanes shall
be
properly
located
along
Nicholson Drive and Address
Streets.
Accommodations
for
bicyclists should be primarily for
the recreational or leisure cyclist.
Traveling at
relatively
slow
speeds, the cyclists will likely
make
frequent
stops
along
roadways within the District.
Therefore, bike racks should be
located at various locations
throughout downtown to provide
safe and convenient temporary
storage.
Areas
that
are
designated for bicyclists should
use paving materials that are
smooth and free of obstruction.
There
must
be
a
clearly
designated separation between
bicycle zones and vehicular
areas.
This separation can
visually be established by using varying colors or materials, where possible.
6. Transit
a. Bus stops are already located along Nicholson Drive. At full development of the
Nicholson Drive Area and in light of the growing student population a higher use of
the public transit should be expected. The bus stop shelters shall be specified and
coordinated with the character of the adjacent architecture and streetscape
furnishings. The design and location of all bus facilities, including bus parking, on
private property shall be approved by Planning Commission staff.
b. Developments with more than four hundred (400) feet of Frontage at designated
CATS bus stops may construct a bus shelter which is architecturally compatible
with the primary building and may be eligible for a credit against traffic impact fees
as determined by the Department of Public Works.
G. Signs
1. Abandoned
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April 2015
a. Whenever a sign becomes structurally unsafe, as determined by the East Baton
Rouge Parish building official and/or the Planning Commission, or endangers the
safety of a structure, premises or the public, or is erected or maintained in violation
of these design guidelines and the City’s zoning ordinance, or is abandoned or the
use with which it is associated is abandoned or discontinued, the Planning Director
and/or the Planning Commission may, by the issuance of a violation notice and
correction order, order such sign to be made safe and comply with these guidelines
and the City’s ordinance, or be removed.
b. If the cost of repairing a sign exceeds fifty (50) percent of the signs value, it shall be
removed and the replacement sign shall conform to these design guidelines and the
City’s zoning ordinance. The more restrictive requirements between the two
documents shall apply.
c. Failure to comply with the notice shall constitute grounds for the Planning Director
and/or the Planning Commission to have the sign removed, and the cost thereof
shall be borne by the person so notified as an addition to any fine imposed by a
court of law for a violation of this chapter. If the cost is not paid as an addition to a
fine, the Parish may seek to recover such cost by any means allowed at law or
equity.
2. Calculations
a. Developments with one-hundred (100) feet or less of frontage may only utilize wall,
canopy, awning or projecting signs. All signs must be attached to the building.
b. Developments with more than one-hundred (100) feet of frontage with a building
setback of at least fifteen (15) feet may utilize a monument sign not to exceed six (6)
feet in height and thirty-six (36) square feet per face.
c. Developments with more than one hundred (100) feet and less than two hundred
(200) feet of frontage, with a building setback of at least fifteen (15) feet, may utilize
a monument sign not to exceed six (6) feet in height and thirty-six (36) square feet
per face.
d. Developments with more than two hundred (200) feet of frontage may utilize a
monument sign not exceeding ten (10) feet in height and seventy-five (75) square
feet per face.
e. Signs to be located within proposed public right-of-way must receive approval from
Planning Commission staff.
3. Prohibited Signs
a. Pole signs, changeable letter signs (except as part of an identification sign), and
flagging are prohibited.
4. Illumination
a. An allowed sign may not flash, blink or fluctuate, nor be animated.
b. Refer to Old South Baton Rouge supplementary materials located in the
PlanningCommissionResourceCenter for requirements concerning non-illuminated
signs in the District.
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April 2015
5. Non-Illumination Signs
a. Refer to Old South Baton Rouge supplementary materials located in the
PlanningCommissionResourceCenter for requirements concerning illuminated signs
in the District.
6. Temporary Signs
a. Refer to Old South Baton Rouge supplementary materials located in the
PlanningCommissionResourceCenter for requirements concerning temporary signs
in the District.
7. Permanent On-Premise Signs By Type
a. Monument Signs
(i)
One monument sign is allowed per frontage.
b. Changeable Letter Signs
(i)
One restaurant preview and menu board per site shall be permitted, and will
be no greater than three (3) feet in height and four (4) feet in length.
c. Wall Signs
(i)
Wall signs cannot exceed thirty-six (36) square feet in sign area.
(ii)
Refer to Old South Baton Rouge supplementary materials located in the
PlanningCommissionResourceCenter for requirements concerning BuildingMounted Signs in the District.
d. Canopy, Awning Signs, and Projecting Signs
(i)
Canopy, awning and projecting signs are not to exceed twelve (12) feet in
length.
e. Public Signs
(i)
f.
Refer to Old South Baton Rouge supplementary materials located in the
PlanningCommissionResourceCenter for requirements and recommendations
concerning public signs in the District.
Small Regulatory Signs
(i)
Refer to Old South Baton Rouge supplementary materials located in the
PlanningCommissionResourceCenter for requirements concerning small
regulatory signs in the District.
g. Tenet Directory Signs
(i)
Refer to Old South Baton Rouge supplementary materials located in the
PlanningCommissionResourceCenter for requirements concerning tenant
directory signs in the District.
h. Public Flags
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April 2015
(i)
Patriotic flags such as the flag of Baton Rouge, the State of Louisiana, United
States Armed Forces, the United States of America, and corporate and
nonprofit organization flags used in conjunction with patriotic flags shall be
permitted. Corporate flags, nonprofit organization flags, and patriotic flags
shall be limited to one each per lot and shall not be larger than six (6) feet by
ten (10) feet. Oversized flags shall not be permitted. Flags shall be sized in
accordance with pole height as follows:
Pole height in feet
15
20-25
30-35
40
Flag dimension in feet
3 by 5
4 by 6
5 by 8
6 by 10
Note: Pole heights over 40 feet are not permitted.
8. Off Premise Signs
a. The following guidelines shall be applied to all off-premise signs in the District:
(i)
In the South Zone (West Chimes Street to West McKinley Street), new offpremise signs can only be erected if an existing sign, including structure, is
removed. New off-premise signs cannot exceed three hundred (300) square feet
per face and must meet current Unified Development Code requirements.
(ii)
In the Central Zone (West McKinley Street to Garner Street), off-premise signs
are prohibited.
(iii)
In the North Zone (Garner Street to Interstate 10), off-premise signs cannot
exceed three hundred (300) square feet per face and must meet current Unified
Development Code requirements.
b. Motor vehicles (including but not limited to trucks, buses, vans, automobiles and
tractors) containing any type of sign (other than painted name, logo, and business
information on a commercial vehicle) shall not be parked or placed in any zoning
district within sight distance of a public street, easement or private road. This
prohibition shall not apply to overnight parking of vehicles.
c. Except for public signs or locational advertising signs, all signs shall be located
within respective property lines of the parcel on which the use or activity being
advertised is located, and shall not project into any public right-of-way, existing or
proposed to be dedicated by the landowner, unless approved as provided by
subsection (a) hereafter when located on right-of-way immediately abutting the
advertiser's premises. Such signs and their locations shall not obstruct or interfere
with traffic, sighting distance, signals and public signs.
9. Design Intent
a. The complex needs and functions of a mixed-use corridor require an integral sign
system to direct, orient, identify, and inform. It also facilitates pedestrian and
vehicular movement through and around the community.
(i)
All site signs shall be coordinated with a consistent style throughout the
development project. Site signs shall be high quality and maintain a uniform
Chapter 10 – Supplementary Uses
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April 2015
color scheme, material, and design. A unifying logo shall relate the signs to
one another.
(ii)
Primary entrance signs identifying the overall development can occur at key
locations where internal roadways intersect main roads. These sites will be
determined by the Developer and reviewed and approved by the Planning
Commission staff. These signs shall be architecturally compatible and be
consistent with the buildings in the development.
(iii)
Secondary entrance signs identifying specific buildings or tenants shall occur
at key parking facility entryways. These signs shall be of small monument
style and consistent with the primary entrance signs.
(iv)
Directional signs indicate locations of tenants, facilities, amenities, and other
important locations. They shall be designed in scale to accommodate vehicles
and pedestrians.
(v)
Regulatory signs will indicate handicapped parking, loading zones, fire lanes,
and other service-related components.
These signs shall be kept to a
minimum and be consistent with the overall sign system whenever possible
and shall conform to the height, information and color standards of East Baton
Rouge Parish and the State of Louisiana. Sign faces shall be of approved
materials, but sign backs and posts shall be painted in a color consistent with
the theme of the overall project. Post shall be round or rectangular tube steel;
“Channel” posts are not allowed.
H. Parking
1. Off- Street Parking
a. Surface parking lots, if properly designed and screened, can contribute to the urban
character of a district and provide an attractive pedestrian environment. A low
evergreen hedge and fence or masonry wall will screen wheels, bumpers and paving,
thereby eliminating the harshest visual aspects of the parking lot, while also
providing for surveillance and security.
b. All parking areas must be located at the rear or to one side of the primary building
or structure. The main entrance must be visually and physically accessible from the
public sidewalk and street.
c. On corner lots, no parking areas may be located between the building or the two (2)
front property lines.
d. The landscape bed for the parking lots screening must be a minimum of six (6) feet
wide and contain a continuous evergreen hedge or masonry wall with a maximum
height of thirty (30) inches.
e. Any parking area containing twenty-five (25) or more spaces shall include sunken
parking islands with curb cuts or drains that would allow channelization of
stormwater to vegetation planted within the island. (See Appendix K)
f.
Rooftop parking is encouraged and should be utilized if possible.
g. Shared drive-ways and parking areas are encouraged to minimize the number of
curb cuts along Nicholson Avenue.
Chapter 10 – Supplementary Uses
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April 2015
h. Cross access easements between parking lots are encouraged in site plan review.
i.
Existing properties that are further subdivided must utilize shared parking and
shared street entrances, which shall be shown on the final plat.
j.
At-grade parking areas, as well as medians, will be graded to ensure the
preservation of existing vegetation as close as possible to the edge of the parking lot.
k. A maximum side slope of two to one (2:1) will be allowed provided that such slopes
are planted in groundcover.
l.
The maximum slope for lawn areas shall be three to one (3:1). A maximum slope
and cross slope of five (5) percent is allowed within the surface parking areas, and a
minimum ten (10) foot buffer will be allowed between buildings and surface parking
lots.
m. Landscaped medians will also be provided between parking areas and service drives.
n. There shall be a ten (10) foot minimum buffer between the rear of buildings and the
surface parking. Within this buffer there shall be a minimum five (5) foot landscape
planting buffer adjacent to the building with a sidewalk of five (5) foot minimum
width adjacent to the parking area.
o. Interior parking shall provide adequate turnaround areas for emergency and
delivery vehicles.
p. Individual off-site parking spaces within commercial areas shall not have direct
individual access to any public street other than for parallel parking.
q. All parking lot entrances shall be marked with painted pedestrian crossings.
r.
Access locations from the street to the surface parking lot, landscaping and
sidewalk locations must be approved by Planning Commission staff. Section
10.102d.I.1.e highlights additional landscaping requirements.
s. A waiver of the minimum parking requirement as set forth in Section 17.7 may be
granted for all other circumstances by application to the Planning Commission if
compliance with other provisions of this Ordinance is not feasible due to parking
requirement. Applicant must specify reason for waiver request.
t.
Parking Structures
(i)
Parking Structures shall appear as inconspicuous as possible and be visually
screened from adjacent property and open space by the use of gradually
sloping earth berms, new plantings, and/or the preservation of existing trees,
where possible. Any parking structure that is located adjacent to a street shall
have retail/commercial uses on the first level fronting the street and set back
ten feet from the public Right-of-way. If this is not feasible, the parking
structure shall be setback from the Right-of-way the required distance
established by the Planning Director. The setback shall be planted with trees,
shrubs, and ground cover to soften the view of the structure and establish an
appropriate sense of scale. Refer to Old South Baton Rouge supplementary
materials located in the PlanningCommissionResourceCenter for additional
requirements.
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April 2015
2. Alternative Porous Pavement Parking
a. Alternative Porous Pavement Parking (Appendix K – Stormwater BMP Manual) must
be utilized for parking spaces over the required number of parking spaces for that
Development. Alternative Porous Pavement Parking must also be utilized for
parking on lots that abut the CorporationCanal. The use of porous pavement is
encouraged throughout the parking areas. (See Appendix K – Stormwater BMP
Manual)
3. Schedule of Off-Street Parking Requirements
a. One bicycle parking space for every twenty (20) motor vehicle parking spaces or a
rack(s) that will hold ten (10) bicycles (permanently anchored) is encouraged. The
bicycle rack(s) should be visually and physically accessible from the public sidewalk
and street.
I.
Landscape and Trees
1. Landscape Standards
a. Developed Site Area
(i)
The following Guidelines establish typical plant quantities. Because parcels
will vary in size, physical character and restrictions, more or less plant
material than specified below may be required as determined by the DPW
Urban Forestry & Landscape Manager.
(ii)
Commercial, Office, and Retail Properties
!
Shade Trees:
a.
One (1) Class “A” tree per forty (40) linear foot of frontage along
public roadways and major private streets planted thirty-five (35)
to forty-five (45) feet on-center.
b. One (1) per ten (10) surface parking spaces with a minimum of
two (2) Class “A” trees per landscape median within a parking lot.
Landscape islands shall be a minimum of three hundred (300)
square feet.
c. Surface parking lots shall not have more than two bays of parking
without a continuous planted median separating them. The
median shall have a minimum width of ten (10) feet, unless
otherwise determined by the DPW Urban Forestry & Landscape
Manager.
d. Where feasible, spacing of street trees shall be coordinated with
the striped on-street parking spaces, when such striping exists.
This spacing allows vehicle passengers to open doors without
hitting a tree and thus minimizes the damage inflicted upon trees
from car doors.
!
Evergreen and Ornamental Trees:
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April 2015
a. Two Class “B” trees may be substituted for each required Class
“A” tree up to thirty (30) percent of the required number, if
approved by the DPW Urban Forestry & Landscape Manager.
!
Ground Plane Planting:
a. A minimum of fifteen (15) percent of a developed site shall consist
of planting beds with shrubs, flowers, or groundcover.
(iii)
Plant Materials
!
Refer to “Policy for Roadside Vegetation Management,” pages 37-41
located in the Planning Commission office.
b. Street Planting Area
(i)
Shrubs and ground cover plantings to the extent that forty (40) percent of the
street planting area is planted with vegetation other than turf grass.
(ii)
Constructed elements such as courtyards, plazas, planters, benches, fountains
and tables, in addition to the required landscaping may be included.
(iii)
A combination of both natural and constructed elements is encouraged.
(iv)
Corner lots with frontage on more than one street must provide a Street Yard
Planting Area along the entire frontage of both streets.
(v)
Any Development with a Building Setback of twenty (20) feetor more shall
include a ten (10) footStreet Planting Area within the Front Yard Setback. The
minimum requirements for the Street Planting Area shall include one (1) Class
“A” tree or two (2) Class “B” trees for every forty (40) linear feet of public street
frontage, or fraction thereof, measured at the property line.
c. Buffer Yard Screening
(i)
Any commercial Development that abuts a residential land use must include a
solid eight (8) foot fence, constructed with allowable materials, for screening. A
fence permit that is in compliance with UDC Section 9.3 must be obtained
from the Department of Public Works Inspection Division.
(ii)
Where gas fueling bays, parking lots, or any portion of a Vehicular Use Area
front directly on Nicholson Drive, a landscape bed containing a continuous
green hedge or masonry wall must be provided to screen the Vehicular Use
Area from view. The masonry wall’s color and finish shall match the primary
structure. The landscape bed must be a minimum of six (6) feet wide and the
evergreen hedge or masonry wall cannot exceed thirty (30) inches in height.
(iii)
Unless otherwise provided, allowable materials for fences and walls include:
natural and man-made stone, brick, aluminum, architectural concrete, or
wood. Fencing made of barbed wire, razor wire, plastic, chain link, or vinyl clad
chain link is prohibited.
d. Sight Triangle Area
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(i)
On every corner lot within the triangle formed by the street lines of such lot
and a line drawn between points on such lines as established below, there
shall be no sign structure within the setbacks provided in subsections (a) and
(b) hereafter.
(ii)
For a lot having an interior angle of ninety (90) degrees or more at the street
corner thereofpoints shall be twenty (20) feet from the property lines extended.
(iii)
For a lot having an interior angle of less than ninety (90) degrees at the street
corner thereof: Points shall be twenty (20) feet from the property lines
extended, plus one foot for every ten (10) degrees or major fraction thereof by
which such interior angle is less than ninety (90) degrees.
e. Vehicular Use Area
(i)
Any Development containing twenty-five (25) or more parking spaces shall
contain a minimum of two (2) Class “A” trees or four (4) Class “B” trees for
every fifteen (15) parking spaces, or fraction thereof.
(ii)
All parking areas shall be required to have a minimum of ten (10) percent of
the total interior Vehicular Use Area landscaped with trees, shrubs and ground
cover other than turf grass.
(iii)
Any Development containing twenty-five (25) or more parking spaces shall,
where at all possible, include sunken parking islands with curb cuts or drains
that would allow channelization of stormwater to vegetation planted within the
island.
(iv)
Any Development requiring a Commercial Building Permit that abuts a lot with
existing residential land use must contain a minimum twelve (12) foot wide
Bufferyard and the minimum planting as required for a fifteen (15) foot
Bufferyard Type A. Seventy-five (75) percent of the required trees in the
Bufferyard must be evergreen.
(v)
Service Areas
!
Service areas are defined as designated areas for short-term trash
storage and pick-up, short-term recyclable materials storage and
pick-up as well as above or below ground utility equipment such as
condenser units, chillers, transformers, utility meters, etc. Refer to
Old South Baton Rouge supplementary materials located in the
PlanningCommissionResourceCenter for more information.
!
Location
a. Service areas within the District must be carefully sited to be
easily accessible, while remaining hidden from direct view from
the primary or side streets. This can generally be accomplished by
adhering to the following guidelines;
i.
Utility areas, mechanical equipment or designated loading
spaces shall be located at the rear of buildings.
ii. Service areas should be designed to be part of the primary
building and should not detract from the aesthetic appeal of
the District.
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iii. Service areas may not be accessed or serviced directly on a
public street. They must be located internal to the parcel and
adequately screened from view.
iv. Service areas shall not be located at the entrance to a parking
lot.
v. Service areas shall be accessible by both vehicle access gates
and a separate pedestrian access gate.
!
Utilities
a. Utility and service integration must be considered in the
development of all blocks and parcels within subdivided blocks to
allow the most effective connection to the infrastructure systems.
These considerations shall include the installation of sleeves for
future extension of piping, shared, and oversized utility
connections between buildings and shared entry courts or service
areas.
!
Screening
a. All dumpsters, exposed storage areas, machinery, service areas,
truck loading areas, utility buildings, air conditioning units and
other similar structures shall be screened from view from
neighboring properties and streets with the same materials, color
and/or style as the primary building in order to be architecturally
compatible with the primary building.
!
ServiceBay Enclosures
a. Fences, walls and gates may also be used in combination with
walls and landscaping to provide screening of undesirable views
or uses such loading docks, junkyards, building service areas,
utility equipment, vehicle storage and outside storage. Where
walls and fences are used for this purpose, their design shall be
considered in context with the architecture of the buildings they
serve and viewed as an extension of the architecture itself.
Design, materials, color, location, and height of fencing must be
approved by Planning Commission staff.
f.
Maintenance
(i)
Landscaping must be maintained according to the plan that was approved as
part of the Building Permit process.
(ii)
Individual owners shall be responsible for maintenance and upkeep.
2. Tree and Urban Forest Preservation Standards
a. Trees that measure ten (10) inches or more in diameter at chest height may not be
removed from a site without permission of the DPW Urban Forestry & Landscape
Manager. The removal of such a tree may be denied if the tree is found to
significantly contribute to the aesthetic character or ecology of a site or its
surrounding area.
J. Design Standards
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1. Building Materials
a. Outlined below is a quick reference list providing an overview of the detailed
guidelines requirements for the entire the District that are further described in Old
South Baton Rouge supplementary materials located in the Planning Commission
Resource Center:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
(xxii)
Building facades shall be varied and articulated for pedestrian visual
interest.
Long, blank, unarticulated street wall facades shall not be allowed.
Facades shall instead be divided into a series of structural bays (i.e.,
masonry piers that frame window and door elements).
Building materials shall be appropriate to scale and massing.
Building materials shall be predominantly brick, cast stone, cementitious
siding, clay tile, natural or synthetic stucco, or other architecturally
indigenous materials.
Building skin shall avoid exterior reflective materials and mirrored glass.
Building massing and landscaping shall relate strongly to adjoining
blocks/land bays.
Roofscapes shall be delineated by gables, cupolas, steeples, and towers.
Arcades, porches, balconies, bays, and awnings of proper scale are
encouraged.
Opening in gables shall be centered.
Roof articulation of mixed use, commercial and office structures: To avoid
long expanses of unarticulated roofs, roofs shall be architecturally
articulated at least every forty (40) linear feet. The articulation may consist
of dormers, hip roofs, cupolas, gables, etc.
Roof articulation of multifamily residential structures: To avoid long
expanses of unarticulated roofs, roofs shall be architectural articulated at
least every twenty (20) linear feet. The articulation may consist of dormers,
hip roofs, cupolas, gables, etc.
Environmental sustainability principles are encouraged in building design.
Exposed ends of unit and foundation walls shall be clad in brick or cast
stone.
Dormers, chimneys and any other items extending above the roofline shall
be of the same color and materials used in the building’s façade.
Chimneys shall be clad in brick, cast stone, or architectural pre-cast
concrete materials only.
Roof penetrations, such as vents, skylights and stacks, shall be placed on
rear roof slopes.
The primary entrances to buildings shall have awnings, roof-type
overhangs, or building overhangs. All highly reflective glazing and darkly
tinted glass is prohibited.
Flush mounted windows are not permitted.
Awnings, if used, should be of a durable, commercial grade fabric, canvas
or similar material having a matte finish.
Bright and/or contrasting awning colors should be avoided. The awning
colors should complement the building they are intended to serve and the
proposed street furnishings
Awnings should have a single color or two-color stripes. Utilizing more
colors is permitted but will be considered as sign area and confusion.
When there are several businesses in one building, awnings of a
compatible color should be used with simple signs on the valance flap that
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April 2015
(xxiii)
(xxiv)
(xxv)
(xxvi)
(xxvii)
(xxviii)
(xxix)
(xxx)
(xxxi)
(xxxii)
(xxxiii)
(xxxiv)
may vary in type style and color to differentiate the individual businesses
within the building.
Where the facade is divided into distinct structural bays (sections defined
by vertical architectural elements, such as masonry piers), awnings should
be placed within the vertical elements rather than overlapping them. The
awning design should respond to the scale, proportion and rhythm created
by these structural bay elements and "nestle" into the space created by the
structural bay.
Awning frames and supports should be of painted or coated metal or other
non-corroding material.
Glossy or shiny plastic or similar awning material is not recommended.
Aluminum, metal, or canvas awnings are permitted in the District.
Awning shape should relate to the window or door opening. Barrel-shaped
awnings should be used to complement arched windows while square
awnings should be used on rectangular windows.
Awnings should be well-maintained, washed regularly and replaced when
faded or torn.
Pre-fabricated metal outbuildings are not permitted.
All ancillary
structures must be approved by Planning Commission staff prior to
construction.
Mechanical equipment and roof color shall be compatible and integrated
with the building, design. Visible roof mounted equipment is prohibited. If
necessary, the equipment shall be masked behind discreet screening
materials. All roof-mounted mechanical equipment shall be screened and
painted to blend the approved roofing color. Equipment shall be arranged
in an orderly, clustered manner, grouped behind one parapet screen. At a
minimum, a single continuous parapet wall without louvers or
penetrations shall screen, or hide entirely, all roof mechanical equipment
from ground views. Antennae, disks, solar panels, etc., if required by
building occupants, shall be grouped in an orderly manner behind the
mechanical screen referenced above unless specifically approved by
Planning Commission staff.
Refer to Old South Baton Rouge
supplementary
materials
located
in
the
PlanningCommissionResourceCenter for more information.
Where appropriate, the design of buildings shall provide a transition from
the pedestrian level/storefront to the upper floors by the use of materials,
building articulation, color and level of detailing. When seen from the
streets, a transition zone shall add interest at the vehicular and pedestrian
scale, thereby reinforcing the aesthetic experience and providing diversity
and focal points.
All structures shall be accessible in accord with the American’s with
Disabilities Act. No mechanical lifts or exterior ramp systems greater than
fifteen (15) feet in length shall be allowed within any street.
Exterior fire escapes shall not be allowed within any zone. All means of
emergency egress shall be contained within the structure.
The main entry to a building, leading to a lobby, stair or central corridor
shall be emphasized at the street level to announce a point of arrival in one
or more of the following ways:
! Flanked columns, decorative fixtures or other details.
! An entry recessed within the building’s mass.
! Covered by means of a portico (formal porch) projecting from or set
into the building face (refer to zoning guidelines for allowable
projections).
! Punctuated by means of a change in roofline, a tower, or a break in
the surface of the subject wall.
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Section 10.102e
Urban Design Overlay District Five – North Gate, Old South Baton
Rouge
A. Purpose
To provide guidelines for development activity in Urban Design District Five (District) as
shown in Appendix G, also characterized as Growth Center 8 in the Comprehensive
Land Use and Development Plan, and to strengthen the physical and economic
character of the corridor by promoting and encouraging consistency in the quality of
design.
B. Enforcement and Review
1. New Construction
a. Planning Commission staff shall certify compliance prior to issuance of building
permits.
b. All developments within this district with the exception of single family detached
units shall comply with the additional requirements set forth in this Ordinance.
2. Existing Developments
a. All lighting in the District must comply with the current Lighting Ordinance (13384)
within one (1) year from the date of approval of this Ordinance by the Metropolitan
Council.
b. All on premise signs in the District must comply with the sign regulations imposed
by this Ordinance and the Unified Development Code Sign Ordinance within five (5)
years from the date of approval of this Ordinance by the Metropolitan Council.
3. Additions and Renovations
a. Any renovation, expansion or reconstruction of forty (40) percent or more of an
existing building or structure. A renovation, expansion or reconstruction shall be
calculated based upon the gross square footage under the roof.
Planning
Commission staff shall certify compliance prior to issuance of building permits.
b. All developments within this district with the exception of single family detached
units shall comply with the additional requirements set forth in this Ordinance.
C. Waivers, Variances, and Exceptions
1. The District boundaries as set forth in this Ordinance may be altered only with the
affirmative vote of two-thirds (2/3) of the members of the Metropolitan Council voting at
a meeting in which a quorum is present.
2. A waiver of the minimum parking requirements as set forth in Section 17.7 may be
granted for all other circumstances by application to the Planning Commission if
compliance with other provisions of this Ordinance is not feasible due to parking
requirement. Applicant must specify reason for waiver request.
D. Dimensional Regulations
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April 2015
1. Permitted Height
a. The general intent of the height and scale standards for the District is to encourage
development that is a minimum of two (2) stories and a maximum of four (4) stories,
with accompanying roof structures that are no more than one additional story in
height allowing for rooftop utilities and potential dormered loft spaces. Outlined
below are the relative height standards by use and location:
b. Multi-family residential buildings on side streets are permitted to be three stories or
thirty-five (35) feet maximum to the top plate height.
c. Multi-family residential buildingson Highland Road or an “Address Street” are
permitted to be four (4) stories or forty-five (45) feet maximum to the top plate
height.
d. Townhome buildings on side streets are permitted to be three (3) stories or thirtyfive (35) feet maximum to the top plate height.
e. Mixed-use buildings with retail on the ground level and residential above are
permitted to be four (4) stories or fifty (50) feet maximum to the top plate height.
f.
Commercial buildings are permitted to be three (3) stories or twenty-five (25) feet
maximum to the top plate height.
g. Ancillary structures must be a one (1) story or fifteen (15) feet minimum height
provided that single story structures shall be employed only as supporting elements
that are integral to larger building masses on site.
h. Parking structures must be two (2) to three (3) levels with a maximum height of
thirty-five (35) feet to the top of screen wall parapet.
i.
The height limit for each building and parking structure shall be in conformance
with the approved Unified Development Code and District guidelines.
2. Building Siting and Orientation
a. The general intent of the orientation, siting and setback standards for the District is
to encourage development that reinforces the urban grid of the neighborhood street
and sidewalk system by maintaining a consistent building edge behind the right-ofway/parcel lines with parking and servicing to the side and rear out of view.
Outlined below are the relative setback standards by use and location:
b. Developments shall create generally a continuous streetscape on all frontages by
using a combination of the following:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Building face;
Low wall, canopy structure or attractive fence;
Articulated screening wall around service/loading areas;
Street furniture; and
Container-based landscaping, as well as
Incorporation of signage into any of the above.
Buildings shall have at least one primary entrance facing the street, or is
directly accessed by a sidewalk or plaza within 10 feet of the primary entrance.
(viii) The front building façade should be oriented parallel to the street or toward a
major plaza or park.
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April 2015
(ix)
The face of a building should provide pedestrian entrances at a minimum rate
of 1 entrance per 50 feet along the street.
(x) Buildings on West Chimes Street, West State Street, Lake Street, on corners
along Highland Road and on public open spaces should include storefront
design features for at least 50 percent of the ground floor wall area on the side
street elevation.
(xi) Commercial buildings in the District shall have a minimum front yard setback
of 0’-0” and a maximum of 15’-0” from the public right-of-way and intersecting
side street right-of-way.
(xii) Mixed-use buildings in the District shall have a minimum front yard setback of
0-0”’ and a maximum of 10’-0” from the public right-of-way and intersecting
side street right-of-way.
(xiii) Commercial and mixed-use buildings having a publicly accessible arcade or
porch structure, measuring between 8’-0” and 10’-0” in width, on the ground
floor of the front façade, may be built directly behind the public right-of–way
line (see Old South Baton Rouge supplementary materials located in the
Planning Commission Resource Center).
(xiv) Multifamily residential buildings shall have a minimum front yard setback of
10’-0” and a maximum of 15’-0” from the public right-of-way and intersecting
side street right-of-way.
(xv) On-site surface parking bays running parallel with Highland Road shall be
setback a minimum of 6’-0” and maximum of 8’-0” from the public right-of-way
to accommodate a combination of low walls and landscape planting for the
parking lot (see Old South Baton Rouge supplementary materials located in the
Planning Commission Resource Center).
(xvi) On-site, mid-block parking bays running perpendicular to Highland Road shall
be setback a minimum of 10’-0” and maximum of 15’-0” to accommodate a
parking island (see Old South Baton Rouge supplementary materials located in
the PlanningCommissionResourceCenter).
(xvii) All structures shall be setback in accordance with the sections illustrated in
Old South Baton Rouge supplementary materials located in the
PlanningCommissionResourceCenter.
(xviii) There shall be a 30-foot minimum separation between multifamily residential
buildings.
E. Utilities
1. Lighting
a. Adequate lighting is essential to both the business community and residents,
because it increases visibility and security. The following are general requirements
and recommendations which should be met when designing for lighting in the
public realm and private development projects.
b. Light Fixture Design Standards
(i)
A coordinated hierarchy and diversity of lighting and intensities is required to
maximize the quality of the nighttime environment along the District area and
to guide pedestrians and motorists through the North Gates area, and accent
special features. Special features may include but are not limited to the parks,
courtyards, building entrances, pathways, and open spaces. This hierarchy
and diversity shall respond to the relative enclosures, spaces, plant and
building materials along with building heights and architectural features.
(ii)
Lighting design criteria shall apply to:
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April 2015
1.
2.
3.
4.
5.
Portions of Highland Road that are within the District
Pedestrian and Landscaped Areas
Natural Open Spaces and Trails
Motor/Pedestrian Courts and Plazas
Surface Parking Areas
c. Public streets within the District shall be illuminated using pedestrian-scale lighting
of twelve (12) feet to fourteen (14) feet pole height with a controlled light distribution
pattern.
d. Private streets, alleys, and access drives shall use pole-mounted lighting to be
compatible with the adjacent architecture. Landscape up-light and down-light
accents shall be provided, where appropriate. In a fashion similar to public streets,
those streets and alleys which are intended to serve a dual use for occasional
“festival” activities and “outdoor markets” shall include supplemental lighting and
appropriate electrical conduit and service connections to fulfill this purpose.
e. A lighting plan shall be prepared for all proposed lighting improvements for
developments of thirty thousand (30,000) square feet or larger. The plan shall
provide both vertical and horizontal illumination levels.
f.
A white-colored light source shall be used to give a truer rendition of the existing
surfaces that are being illuminated.
g. Lighting in pedestrian plazas, pedestrian connections and sitting areas shall provide
reasonable levels of nighttime visibility. Accent lighting should be used at special
locations such as stairs, entry signage, and sculpture.
h. Light fixture illumination at motor courts shall be provided from indirect sources
such as landscape, bollard lights, accent uplighting and downlighting. Where used,
pole-mounted sources shall have a controlled cutoff reflector and shall match public
street lighting fixtures. Light sources shall produce a white light. Colored lenses
are prohibited. Lighting shall be positioned and/or screened to minimize light
spillover to adjacent sites and communities.
i.
Except for any hotels and restaurants, flood lighting of building exteriors shall be
prohibited without the approval of Planning Commission staff.
j.
The proposed GatewayTrianglePark, and neighborhood park areas should be
illuminated similar to private pedestrian landscape areas. Illumination intensities
shall be greater than minimal standards to ensure nighttime “vibrancy” in and
around the area. Motor courts will receive some illumination from adjacent
buildings. Additional lighting within courtyards shall be provided by hidden source
landscape up-light and down-light accents. Those areas that are intended to serve
“festivals” and “outdoor markets” shall include supplemental lighting and
appropriate electrical conduit and service connections.
F. Floodways, Floodplains, Drainage, and Water Quality
1. In lower elevation flood prone areas, businesses must be elevated one (1) foot above the
minimum Base Flood Elevation and constructed in a manner that flood water is not
displaced on another property owner by excessive filling. The structure should be
elevated with open pier or wall and flood louver construction to allow the substructure
Chapter 10 – Supplementary Uses
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to flood during storm events without impact or damage to the principal structure or
neighboring structures.
G. Streets and Sidewalks
1. Streets and Alley Right of Ways
a. The North Gates area is envisioned to be developed as a fully integrated multi-use
district, with a strong emphasis placed on coordinated pedestrian linkages.
Therefore, it is important that equal attention be paid to both pedestrian and
vehicular circulation throughout the area. An integrated multi-use development
provides greater opportunities to share facilities and infrastructure systems, thereby
creating greater convenience and economies for users.
b. Curb Cuts
(i)
Curb cuts shall be kept to a minimum of one per block face per development.
The Planning Director may grant one additional curb cut per block face not
fronting on Highland Road for developments that utilize structured parking.
2. Sidewalks
a. The previous section describes the goals for
ground level pedestrian and vehicular circulation.
Planning Commission staff shall ensure that an
integrated system of through building passages,
garage connections, pedestrian concourses, and
covered
walkways
completes
the
overall
circulation system.
b. Adequate
and
safe sidewalks
and
areas
of pedestrian circulation from street and parking
areas shall be provided.
The sidewalks
and circulation areas must be a minimum of five (5) feet in width and distinguished
from vehicle use areas by using colored pavement, brick, alternative pavements
and/or landscaping.
Pervious hardscape materials should be preferred over
impervious where feasible to help reduce stormwater runoff speed and quantities.
(See Appendix K)
c. Sidewalk paving materials should be reviewed and approved by Planning
Commission staff and where appropriate pervious materials should be used instead
of impervious. (See UDC Chapter 15)
d. All public sidewalks within the District shall be consistent with section 13.6 of the
Unified Development Code.
e. Consistent graphics and lighting programs shall be used to identify public
sidewalks. Bituminous paving shall not be used in sidewalk areas. Where
appropriate pervious pavement materials should be preferred over impervious
materials for any private sidewalk to help reduce stormwater runoff speed and
quantities. (See UDC Chapter 15)
f.
Private walkways shall be provided by individual developers and property owners
and connect to both existing and proposed sidewalks, motor courts, buildings, and
public spaces within neighboring developments. Where possible, pervious materials
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should be preferred over impervious ones for any private sidewalk to help reduce
stormwater runoff speed and quantities. (See Appendix K)
(i)
Covered walkways shall be provided by individual developers and/or property
owners at building entries and portecocheres. Sidewalk connections shall also
be provided to buildings and their parking lots. These widths may vary
depending on site constraints.
(ii)
Consistent graphics and lighting programs shall be used to identify all private
walkways. Bituminous paving shall not be used in sidewalk areas as this does
not complete the existing concrete walks and the proposed streetscape
improvements
g. Streetscape Amenities
(i)
Benches, tables and chairs are encouraged within all future public
enhancements and private development projects in the District. Color and
style should complement and be coordinated with the building and paving
materials. Construction should be of contoured, recycled wood, plastic or
metal with the frame and/or end members constructed of heavy metal for
quality and durability. Please see Old South Baton Rouge supplementary
materials located in the PlanningCommissionResourceCenter for examples of
recommended benches, tables, and chairs.
(ii)
Trash receptacles are encouraged in public plaza areas, open green spaces,
parks, bus stops, highly trafficked street corners and other sections of the
District where people will congregate. Trash receptacles should also be located
outside of food service facilities and convenience stores. They should not be
placed where they would interfere with pedestrian or ADA movement.
(iii)
Approved materials for trash receptacles are stone, pre-cast concrete, and
metal. To the extent feasible, trash receptacle colors and materials shall
complement and be coordinated with adjacent buildings and other site
furnishings. Please refer to Old South Baton Rouge supplementary materials
located in the PlanningCommissionResourceCenter for examples of
recommended trash receptacles.
(iv)
Pedestrian crosswalks in the District should be consistent in layout and
design; however, the materials used for implementation may differ between
crossings. The surface treatment of crosswalks will vary depending on the
types of streets of which it is comprised. In areas where a more elaborate
streetscape crosses one that is less so, the crosswalk treatment should
respond to the more elaborate of the two. Thus, where a brick streetscape
crosses a concrete streetscape, the crosswalks should match the brick.
(v)
It is generally desirable to align the outer limits of crosswalks with the building
facades or rights-of-way of the two intersecting streets. The inner limits of the
crosswalks are then defined by adopting standard dimensions for crossing
widths ranging from ten (10) feet to fifteen (15) feet or equal to the
sidewalk/right-of-way width.
However, this approach does not always work
due to misaligned building facades, curvilinear streets or misaligned streets.
In such cases crosswalks must be run parallel to a line projected from face of
curb to face of curb from the misaligned roadways.
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April 2015
(vi)
Street crosswalks are desirable across all public streets, private vehicular
access ways, motor courts and service drives located between parking areas
and building entrances. To enhance public safety, minimize crossing conflicts
and provide visual cues to both pedestrians and motorists, all pedestrian street
crossing shall be well defined. Articulating crosswalks through contrasting
unit paving materials and painted striping will provide a designated path for
pedestrians.
3. Bikeways
a. Roadway surfaces must be designed to accommodate bicyclists and should connect
to the surrounding existing and planned bicycle systems and link LSU, downtown,
the riverfront, parks, open spaces, schools, libraries, civic buildings and
neighborhoods within the area. Bike lanes shall meet all local transportation and
state regulations. Bikeway lanes shall be properly located along Highland Road and
Address Streets. Areas that are designated for bicyclists should use paving
materials that are smooth and free of obstruction. There must be a clearly
designated separation between bicycle zones and vehicular areas. This separation
can visually be established by using varying colors or materials, where possible.
4. Transit
a. Bus stops are already located along Highland Road. At full development of the
North Gates Area and in light of the growing student population, a higher use of the
public transit should be expected. The bus stop shelters are encouraged to be
coordinated with the character of the adjacent architecture and streetscape
furnishings.
b. Developments with more than four hundred (400) feet of Frontage at designated
CATS bus stops may construct a bus shelter which is architecturally compatible
with the primary building and may be eligible for a credit against traffic impact fees
as determined by the Department of Public Works.
H. Signs
1. Calculations
b. Developments with fifty (50) feet or less of Frontage may only utilize wall, canopy,
awning or projecting signs. All signs must be attached to the building.
2. Prohibited Signs
b. Pole signs and changeable letter signs (except as part of an identification sign) are
prohibited.
3. Permanent On-Premise Signs By Type
b. Wall Signs
(i)
Wall signs cannot exceed thirty-six (36) square feet in sign area.
c. Canopy, Awning and Projecting Signs
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April 2015
(i)
Canopy, awning, and projecting signs are not to exceed twelve (12) feet in
length.
4. Off Premise Signs
b. New off-premise signs may only be erected if existing signs and their structures are
removed. New off-premise signs cannot exceed three hundred (300) square feet per
face and must meet current Unified Development Code requirements.
I.
Parking
1. Off- Street Parking
a. All parking areas must be located at the rear or to one side of the primary building
or structure. The main entrance must be visually and physically accessible from the
public sidewalk and street.
b. On corner lots, no parking areas may be located between the building and the two
(2) front property lines.
c. Interior parking shall provide adequate turnaround areas for emergency and
delivery vehicles.
d. Rooftop parking is encouraged and should be utilized if possible.
e. Shared drive-ways and parking areas are encouraged to minimize the number of
curb cuts along Nicholson Avenue.
f.
Cross access easements between parking lots are encouraged in site plan review.
g. Existing properties that are further subdivided must utilize shared parking and
shared street entrances, which shall be shown on the final plat.
h. Parking Structures shall appear as inconspicuous as possible and be visually
screened from adjacent property and open space by the use of gradually sloping
earth berms, new plantings, and/or the preservation of existing trees, where
possible. Any parking structure that is located adjacent to a street shall have
retail/commercial uses on the first level fronting the street. If this is not feasible, the
parking structure shall be setback from the Right-of-way the required distance
established by the Planning Director. The setback shall be planted with trees,
shrubs, and ground cover to soften the view of the structure and establish an
appropriate sense of scale.
i.
One bicycle parking space for every twenty (20) motor vehicle parking spaces or a
rack(s) that will hold ten (10) bicycles, permanently anchored, is encouraged. The
bicycle rack(s) must be visually and physically accessible from the public sidewalk
and street.
2. Alternative Porous Pavement Parking
a. Alternative Porous Pavement Parking must be utilized for parking spaces over the
required number of parking spaces for that Development. Alternative Porous
Pavement Parking must also be utilized for parking on lots that abut the
CorporationCanal.
The use of porous pavement is encouraged throughout the
parking areas (See Appendix K).
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b. Any parking area containing twenty-five (25) or more parking spaces shall include
sunken parking islands with curb cuts or drains that would allow channelization of
stormwater to vegetation planted within the island. (See Appendix K)
3. Schedule of Off-Street Parking Requirements
a. The Planning Director may grant a parking reduction up to twenty-five (25) percent
of the required number of spaces, whenever developments are for a high density use
such as multi-family projects of less than seventy-five (75) units, commercial
recreation facilities with land area contain more than one-half acre, offices, shops,
store, or other commercial uses with a building or buildings containing less than
thirty-thousand (30,000) square feet, or an addition to an existing structure(s) in
which the increase in aggregate floor area less than thirty-thousand (30,000) square
feet is less than twenty (20) percent.
b. Parking reductions for multi-family developments greater than seventy-five (75)
units or commercial or office uses with a building or buildings containing more than
thirty-thousand (30,000) square feet, or an addition to an existing structure(s) in
which the increase in aggregate floor area is greater than thirty-thousand (30,000)
square feet is greater than twenty (20) percent must be granted by the Planning
Director.
4. Design Standards
a. The general intent of the parking and access siting standards for the Districtis to
encourage both surface and structured parking design and layout that minimizes
the visual impact on surrounding developments and the public realm. Outlined
below are the relevant parking and access standards by location:
(i)
Corner parking lots along Highland Road are prohibited.
(ii)
One shared parking access point per block face shall be permitted along
Highland Road.
(iii)
Required parking may be accommodated under the rear of multifamily
residential structures if it is screened from the public right-of-way.
(iv)
Surface parking must be configured to allow adequate service truck access to
trash, recycling and utility services areas of a building.
(v)
Free standing parking lots shall be setback a minimum of seven (7) feet and a
maximum of ten (10) feet from the rear façade of retail, commercial or mixeduse structures, unless the parking is incorporated into the ground floor of the
structure.
(vi)
Free standing parking lots shall be setback a minimum of fifteen (15) feet and
a maximum of twenty (20) feet from the rear façade of multi-family residential
structures, unless the parking is incorporated into the ground floor of the
structure.
(vii) All structured parking shall be located at the rear or within the buildings they
serve.
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(viii) Where feasible, parking structures must be centrally located within a
development block and shall not be visible from surrounding streets.
(ix)
Parking structures may include a green roof deck for density bonus
consideration by the Planning Commission. (see Appendix K)
b. Access locations from the street to the surface parking lot, landscaping and
sidewalk locations must be approved by Planning Commission staff.
c. All parking lot entrances shall be marked with painted pedestrian crossings.
J. Landscape and Trees
1. Landscape Standards
d. Developed Site Area
(i)
Any Development with a Building Setback of twenty (20) feet or more shall
include at least one of the following:
1.
A ten (10) foot Street Planting Area within the Front Yard Setback. The
minimum requirements for the Street Planting Area shall include one (1)
Class “A” tree or two (2) Class “B” trees for every forty (40) linear feet of
public street frontage, or fraction thereof, measured at the property line.
2.
A ten (10) foot minimum courtyard, patio, or urban garden.
minimum tree requirements for Street Planting Areas shall apply.
3.
A ten (10) foot covered porch or arcade, to be constructed of similar
materials and character as the main building.
4.
The following Guidelines establish typical plant quantities. Because
parcels will vary in size, physical character and restrictions, more or less
plant material than specified below may be required, subject to decision
by as determined by the DPW Urban Forestry & Landscape Manager.
a.
The
Commercial, Office, and Retail Properties
Shade Trees:
i.
One (1) Class “A” tree per forty (40) linear foot of frontage
along public roadways and major private streets planted
thirty-five (35) to forty-five (45) on-center.
ii. One (1) tree per ten (10) surface parking spaces with a
minimum of two (2) Class “A” trees per landscape median
within a parking lot. Landscape islands shall be a minimum
of threehundred (300) square feet.
iii. Surface parking lots shall not have more than two bays of
parking without a continuous planted median separating
them. The median shall have a minimum width of ten (10)
feet, unless otherwise determined by the DPW Urban Forestry
& Landscape Manager.
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iv. Where feasible, spacing of street trees shall be coordinated
with the striped on-street parking spaces. This spacing allows
vehicle passengers to open doors without hitting a tree and
thus minimizes the damage inflicted upon trees from car
doors.
Evergreen and Ornamental Trees:
i.
Two (2) Class B trees may be substituted for each Class A tree
up to thirty (30) percent of the required number, if approved
by the DPW Urban Forestry & Landscape Manager.
Ground Plane Planting:
i.
(ii)
A minimum of fifteen (15) percent of a developed site shall
consist of planting beds with shrubs, flowers, or groundcover.
Plant Materials
1.
Refer to “Policy for Roadside Vegetation Management,” pages 37-41,
located in the Planning Commission office.
b. Street Yard Planting Area
(i)
Shrubs, ground cover, and/or container-based plantings.
(ii)
Constructed elements such as courtyards, plazas, planters, benches, fountains
and tables, in addition to the required landscaping may be included.
(iii)
A combination of both natural and constructed elements is encouraged.
c. Buffer Yard Screening
(i)
Unless otherwise provided, allowable materials for fences and walls include:
cast stone, brick, aluminum, architectural concrete, or wood. Fencing made of
barbed wire, razor wire, plastic, chain link, or vinyl clad chain link is
prohibited.
(ii)
Any Development requiring a Commercial Building Permit that abuts a lot with
existing residential land use must contain a minimumtwelve (12) foot wide
Bufferyard and the minimum planting as required for a fifteen (15) foot
Bufferyard Type A. Seventy-five (75) percent of the required trees in the
Bufferyard must be evergreen.
d. Vehicular Use Area
(i)
All parking areas shall be required to have a minimum of ten (10) percent of
the total interior Vehicular Use Area landscaped with trees, shrubs and ground
cover other than turf grass.
(ii)
Where gas fueling bays or any portion of a Vehicular Use Area front directly on
Nicholson Drive, a landscape bed containing a continuous green hedge or
masonry wall must be provided to screen the Vehicular Use Area from view.
The color and finish of masonry walls shall match the primary structure. The
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landscape bed must be a minimum of six (6) feet wide and the evergreen hedge
or masonry wall cannot exceed thirty (30) inches in height.
(iii)
Parking areas that abut a residential lot must include a solid eight (8) foot
fence, constructed with allowable materials, for screening. A fence permit that
is in compliance with UDC Section 9.3 must be obtained from the Department
of Public Works Inspection Division.
(iv)
There shall be a ten (10) foot minimum buffer between the rear of buildings
and the surface parking. Within this buffer there shall be a minimum five (5)
foot landscape planting buffer adjacent to the building with a five (5) foot
minimum width sidewalk adjacent to the parking area.
(v)
At-grade parking areas, as well as medians, shall be graded to ensure the
preservation of existing vegetation as close as possible to the edge of the
parking lot.
(vi)
A maximum side slope of two to one (2:1) will be allowed provided that such
slopes are planted in groundcover.
(vii) The maximum slope for lawn areas shall be three to one(3:1).
(viii) A maximum slope and cross slope of five (5) percent is allowed within the
surface parking areas, and a minimum ten (10) foot buffer will be allowed
between buildings and surface parking lots.
(ix)
All surface parking lots shall have landscape medians as well as peripheral
evergreen screening buffers.
(x)
The landscape medians will be at least ten (10) feet in width and designed to
accommodate a suppressed water quality RainGarden for water purification
prior to going into the City sewer system. (See Appendix K)
(xi)
Landscaped medians will also be provided between parking areas and service
drives.
(xii) The landscape bed for the parking lots screening must be a minimum of six (6)
feet wide and contain a continuous evergreen hedge or masonry wall with a
maximum height of thirty (30) inches.
(xiii) Surface parking lots, if properly designed and screened, can contribute to the
urban character of a district and provide an attractive pedestrian environment.
A low evergreen hedge and fence or masonry wall will screen wheels, bumpers
and paving, thereby eliminating the harshest visual aspects of the parking lot,
while also providing for surveillance and security.
(xiv) Service Areas
1. Service areas are defined as designated areas for short-term trash
storage and pick-up, short-term recyclable materials storage and
pick-up as well as above or below ground utility equipment such as
condenser units, chillers, transformers, utility meters, among others.
2. Location
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Service areas within the District must be carefully sited to be easily
accessible, while remaining hidden from direct view from the primary
or side streets. This can generally be accomplished by adhering to the
following guidelines;
a. Utility areas, mechanical equipment or designated loading spaces
shall be located at the rear of buildings; and
b. Service areas should be designed to be part of the primary
building and should not detract from the aesthetic appeal of the
District; and
c. Service areas may not be accessed or serviced directly on a public
street. They must be located internal to the parcel and adequately
screened from view; and
d. Service areas shall not be located at the entrance to a parking lot;
and
e. Service areas should be accessible by both vehicle access gates
and a separate pedestrian access gate.
3. Utilities
a. Utility and service integration must be considered in the
development of all blocks and parcels within subdivided blocks to
allow the most effective connection to the infrastructure systems.
These considerations shall include the installation of sleeves for
future extension of piping, shared, and oversized utility
connections between buildings and shared entry courts or service
areas.
4. Screening
a. All dumpsters, exposed storage areas, machinery, service areas,
truck loading areas, utility buildings, air conditioning units and
other similar structures shall be screened from view from
neighboring properties and streets with the same materials, color
and/or style as the primary building in order to be architecturally
compatible with the primary building.
b. Trash, Recycling and Utility Service Area Enclosures
i.
If the utility area is separate from the building it serves, it
must be enclosed by a six (6) foot solid wall or fence
constructed with the same materials, color, and/or style as
the primary building. Enclosures should be constructed of
masonry wall construction with steel swing gates or an
ornamental steel fence enclosure with ornamental steel swing
gates, painted in a dark color. They must match the primary
structure and separated pedestrian gate access must be
provided in addition to the service vehicle double gate access.
ii. All dumpsters and equipment shall be located behind the
building being served. They should be located in the rear of
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parking lots in a location that is easily accessible and
maneuverable for service trucks. The enclosure shall be
maintained in a structurally sound manner, in good
appearance, replaced when necessary and kept free of refuse
and debris. Trash and utility enclosures may not be located
within required Building Setback areas.
c. ServiceBay Enclosures
i.
Fences, walls and gates may also be used in combination with
walls and landscaping to provide screening of undesirable
views or uses such loading docks, junkyards, building service
areas, utility equipment, vehicle storage and outside storage.
Where walls and fences are used for this purpose, their design
shall be considered in context with the architecture of the
buildings they serve and viewed as an extension of the
architecture itself. Design, materials, color, location, and
height of fencing must be approved by Planning Commission
staff.
e. Maintenance
(i)
Landscaping must be maintained according to the plan that was approved as
part of the Building Permit process.
(ii)
Individual owners shall be responsible for maintenance and upkeep.
4. Tree and Urban Forest Preservation Standards
a. Trees that measure ten (10) inches or more in diameter at chest height may not be
removed from a site without permission of the DPW Urban Forestry & Landscape
Manager. The removal of such a tree may be denied if the tree is found to
significantly contribute to the aesthetic character or ecology of a site or its
surrounding area.
K. Design Standards
1. Building Materials
a. This section describes the architectural guidelines that aid in enhancing the spatial
legibility and the overall aesthetics of the District.
The various building
configurations shall be integrated into an overall theme that is complementary and
yet creates a dynamic set of architectural interrelationships. Each building design
shall enhance the District’s spatial legibility and aesthetic experience.
b. Outlined below is a quick reference list providing an overview of the detailed
guidelines requirements for the District that are further described in Old South
Baton Rouge supplementary materials located in the Planning Commission
Resource Center:
(i)
Building facades shall be varied and articulated for pedestrian visual
interest.
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(ii)
Long, blank, unarticulated street wall facades shall not be allowed. Facades
shall instead be divided into a series of structural bays such as masonry
piers that frame window and door elements.
(iii)
Building architecture shall be of traditional styling and proportion.
(iv)
Building materials shall be appropriate to scale and massing.
(v)
Building materials shall be predominantly brick, cast stone, cementitious
siding, clay tile, natural or synthetic stucco, or other architecturally
indigenous materials.
(vi)
Building skin shall avoid exterior reflective materials and mirrored glass.
(vii)
Building massing and landscaping shall relate strongly to adjoining
blocks/land bays.
(viii)
Roofscapes shall be delineated by gables, cupolas, steeples, and towers.
(ix)
Arcades, porches, balconies, bays, and awnings of proper scale are
encouraged.
(x)
Opening in gables shall be centered.
(xi)
Roof articulation of mixed use, commercial and office structures: To avoid
long expanses of unarticulated roofs, roofs shall be architecturally
articulated at least every forty (40) linear feet. The articulation may consist of
dormers, hip roofs, cupolas, gables, etc. Environmental sustainability
principles are encouraged in building design.
(xii)
Exposed ends of unit and foundation walls shall be clad in brick or stone.
(xiii)
Dormers, chimneys and any other items extending above the roofline shall
be of the same color and materials used in the building’s façade.
(xiv)
Chimneys shall be clad in brick, cast stone, or architectural pre-cast
concrete materials only.
(xv)
Container-based plantings appropriate to the urban environment shall be
employed along frontages of all streets.
(xvi)
Roof penetrations, such as vents, skylights and stacks, shall be placed on
rear roof slopes.
(xvii) Parking garages shall be placed at the rear of buildings or underground.
(xviii) The primary entrances to buildings should have awnings, roof-type
overhangs, or building overhangs.
(xix)
Traditional architectural elements, such as awnings, benches, pedestrianscale streetlights, bollards, and signage shall be compatible and coordinated
with the aesthetic experience.
(xx)
All highly reflective glazing and darkly tinted glass is prohibited.
(xxi)
The building skin shall avoid exterior reflective materials and mirrored glass.
(xxii) One dominant color comprising over fifty (50) percentof the building
elevation and two (2) accent colors are recommended.
(xxiii) Reflective, mirrored, bronze, and/or gold glass are not allowed. Awnings, if
used, should be of a durable, commercial grade fabric, canvas or similar
material having a matte finish.
(xxiv) Bright and/or contrasting colors should be avoided. The awning colors
should complement the building they are intended to serve and the proposed
street furnishings.
(xxv) Awnings should have a single color or two-color stripes. Utilizing more
colors is permitted but will be considered as sign area and confusion.
(xxvi) When there are several businesses in one building, awnings of a compatible
color should be used with simple signs on the valance flap that may vary in
type style and color to differentiate the individual businesses within the
building.
(xxvii) Where the facade is divided into distinct structural bays (sections defined by
vertical architectural elements, such as masonry piers), awnings should be
placed within the vertical elements rather than overlapping them. The
awning design should respond to the scale, proportion and rhythm created
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(xxviii)
(xxix)
(xxx)
(xxxi)
(xxxii)
(xxxiii)
(xxxiv)
by these structural bay elements and "nestle" into the space created by the
structural bay.
Awning frames and supports should be of painted or coated metal or other
non-corroding material.
Glossy or shiny plastic or similar awning material is not permitted. Awnings
shall not be used as signs and interior illuminated awnings are not allowed.
Aluminum, metal, glass, or canvas awnings are permitted in the District.
Awning shape should relate to the window or door opening. Barrel-shaped
awnings should be used to complement arched windows while square
awnings should be used on rectangular windows.
Awnings should be well-maintained, washed regularly and replaced when
faded or torn.
All structures shall be accessible in accord with the American’s with
Disabilities Act. No mechanical lifts or exterior ramp systems greater than
fifteen (15) feet in length shall be allowed within any street.
Exterior fire escapes shall not be allowed within any zone. All means of
emergency egress shall be contained within the structure.
c. The main entry to a building, leading to a lobby, stair or central corridor shall be
emphasized at the street level to announce this point of entry as an expression of an
architectural transition and shall be incorporated into the design. This can be
achieved in one or more of the following ways:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Flanked columns, decorative fixtures or other architectural details.
An entry recessed within the building’s mass. Such recesses can be created
with a larger arched or cased decorative opening.
Covered by means of a portico (formal porch) projecting from or set into the
building face (refer to zoning guidelines for allowable projections).
For major or significant entries to a large building: Punctuated by means of a
change in roofline, a tower, or a break in the surface of the subject wall.
Re-fabricated metal outbuildings are not permitted. All ancillary structures
must be approved by Planning Commission staff prior to construction.
Mechanical equipment and roof color shall be compatible and integrated with
the building design.
Visible roof mounted equipment is prohibited.
If
necessary, the equipment shall be masked behind discreet screening materials.
All roof-mounted mechanical equipment shall be screened and painted to
blend the approved roofing color. Equipment shall be arranged in an orderly,
clustered manner, grouped behind one parapet screen. At a minimum, a
single continuous parapet wall without louvers or penetrations shall screen, or
hide entirely, all roof mechanical equipment from ground views. Antennae,
disks, solar panels, etc., if required by building occupants, shall be grouped in
an orderly manner behind the mechanical screen referenced above unless
specifically approved by Planning Commission staff.
Section 10.102f – Urban Design Overlay District Six – Florida Boulevard
A.
Purpose
To provide guidelines for development and redevelopment activity in the designated
area, as shown in Appendix G, along Florida Boulevard from North Foster Drive to
Flannery Road and to strengthen the physical and economic character of the
neighborhood by mitigating or avoiding incompatible land uses in development and
redevelopment.
B.
Enforcement and Review
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The Planning Commission staff shall certify compliance prior to the issuance of building
permits for any new construction within the District. For existing structures, the
Planning Commission staff shall certify compliance prior to issuance of Certificates of
Occupancy.
1.
2.
3.
New Construction
a.
New construction within the district boundaries shall comply with the
Unified Development Code requirements imposed based on the zoning
classification of the lot upon which the building or other improvement or
sign is constructed or reconstructed and shall also comply with the
additional requirements set forth herein.
b.
Section 10.102f.J shall only apply to new construction.
Existing Development
a.
Any new sign or business request after February 20, 2008 shall comply
with the provisions of this section.
b.
Service bays/drives must comply with Section 18.3.B.6.i for current
Landscape Standards relating to Utility Screening within three (3) years
of February 20, 2008.
c.
Fencing made of barbed wire, razor wire, or chain link on any lot which
fronts on Florida Boulevard and is visible from Florida Boulevard must
be removed within sixty (60) days of adoption of this ordinance.
d.
Fencing made of barbed wire, razor wire, and chain link on any lot which
fronts on Florida Boulevard and that is visible from the Public Right of
Way other than Florida Boulevard must be removed within two (2) years
of February 20, 2008.
Change of permitted use
a.
4.
Additions
a.
5.
Non-conforming structures utilized by a single business which are not a
part of a Development with multiple land uses, such as a shopping
center, and which were in existence prior to the adoption of this section,
shall conform to the requirements of the District prior to issuance of an
occupancy permit for any change of use.
Any addition and/or structural alteration of structures and/or parking
lots resulting in a thirty (30) percent or more increase of gross square
footage under roof shall conform to the requirements of the District.
Renovations
a.
Developments and other structures existing at the time of creation of the
District shall conform with District requirements when one (1) or more
renovations and/or structural alterations to any existing structure or
parking lot involves thirty (30) percent or more of the gross floor area
under roof.
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b.
C.
Any modifications to a non-conforming sign, renovations to the building
or property, change in use of the building or property, or damage to
existing signs, the non-conforming sign must be brought into compliance
with the Florida Boulevard Urban Design Overlay District regulations.
Waivers, Variations, and Exceptions
1.
Parking waivers may only be granted by the Planning Commission in situations
where the minimum parking requirement cannot be met due to size, shape,
topographical constraints, or historical character of the neighborhood.
D. Dimensional Regulations
1.
Permitted Height
a.
2.
Minimum Lot Area and Widths
a.
3.
Height regulations shall be in accordance with the underlying zoning
district with a maximum of forty-five (45) feet or in accordance with
GrowthCenter allowances.
Multi-tenant property and Out Parcels. Multi-tenant property shall
include a unified site design enabling the planning of a project over the
entire Development site and shall meet the District regulations in this
article except as follows:
(1)
District standards and regulations shall be applied to the Multitenant property site perimeter boundary lines.
(2)
All lots within the Multi-tenant property site, except those Out
Parcels with direct access to a public right-of-way, shall be bound
together as a Multi-tenant property either by re-subdivision, cross
dedication, servitude, or an instrument approved by the Parish
Attorney as to form and legality and recorded in the Office of the
Clerk of the Parish of East Baton Rouge.
(3)
All requirements of the District shall apply to each individual Out
Parcel.
Building Siting and Orientation
a.
Manufactured homes/structures are prohibited.
E. Utilities
1.
Lighting
a.
F.
In parking lots of less than fifty (50) spaces, the maximum height for any
pole mounted light fixture is twenty-five (25) feet.
Streets and Sidewalks
1.
Sidewalks
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G.
a.
All new developments shall provide adequate and safe pedestrian
circulation within parking areas. The pedestrian circulation must be a
minimum of five (5) feet in width and separated from motor vehicles by
using colored pavement, brick, alternative pavements and/or
landscaping.
b.
All new developments shall provide a five (5) foot wide sidewalk with at
least a five (5) foot green area setback from the road edge. Said sidewalks
shall meet the Americans with Disabilities Act (ADA) requirements.
Sidewalks must be located within the twenty (20) foot street yard
planting area and connect with adjacent sidewalks, if adjacent sidewalks
exist. If a sidewalk is unfeasible in the twenty (20) foot setback, then the
same sidewalk may be located elsewhere along the property.
Signs
1.
Abandoned
a.
2.
All existing signs and supporting structures not in use as part of an
active trade or business within thirty (30) days of February 20, 2008
must comply with the sign regulations put forth in Chapter 16 of the
Unified Development Code.
Calculations
a.
One (1) additional attached sign shall be permitted on a secondary
building frontage elevation area provided the total area of this sign does
not exceed fifty percent of the allowable attached sign area as for single
frontage properties.
b.
Each business on the premises shall be allowed one (1) canopy, awning
or marquee sign in addition to other permitted attached signs with the
area for the sign limited to thirty (30) percent of the total canopy, awning,
or marquee area.
c.
Each Development shall be allowed one (1) on-premise detached sign
except as noted below, subject to the following provisions:
On corner lots where either property line exceeds threehundred (300)
feet, a second detached 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 seventyfive (75) feet of a residential development or residential district.
d.
e.
A second sign may be erected on the second frontage of a lot provided the
following additional provisions are met:
(1)
The maximum area of the second sign is fifty (50) square feet.
(2)
The maximum area of the second sign is twenty (20) square feet if
the lot is located across from, adjacent to or within seventy-five
(75) feet of a residential development or residential district.
(3)
The maximum height of the second sign is eight (8) feet.
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f.
3.
(5)
The second sign must be set back from the property line a
distance at least equal to the height of the sign.
No more than one (1) detached sign per frontage is allowed per Multitenant property. Any nonconforming signs shall conform to the
requirements of the District within five (5) years of adoption of this
section.
All existing signs shall be maintained in accordance with Section 16.8 of
the Unified Development Code.
Prohibited Signs
a.
5.
The second sign must be incorporated into a landscaping bed of
at least sixty (60) square feet. The landscaping bed shall consist
of shrubs, ground cover (excluding grass) and/or other suitable
plant materials, and exclude any impervious surface.
Maintenance
a.
4.
(4)
Pole signs, temporary signs, and changeable letter signs are prohibited
within the district.
Illumination
a.
Each message displayed on any changing sign display shall remain static
for at least eight (8) seconds following the completion of its transition
from the previous message. As used in this subsection "static" shall
mean a display that is fixed in one (1) position with no portion of the
display being in motion or changing in color or light intensity.
b.
When a message is changed mechanically, the transition between a
complete static display of the previous message and a complete static
display of the next message shall be accomplished in four (4) seconds or
less. The transition period shall be measured as that period between any
movement of any part of the display of the previous message and the
time that the display of the next message is fully static.
c.
When a message is changed electronically, the transition between a
complete static display of the previous message and a complete static
display of the next message shall be accomplished in two (2) seconds or
less. The transition period shall be measured as that period between the
time that the previous message is static and fully illuminated and the
next message is static and fully illuminated.
d.
No changing sign may include animated, flashing, full-motion video or
other intermittent elements. The transition period between two fully
illuminated static messages displays in an electronically changed sign
shall not be considered an intermittent element so long as the purpose of
the changing light intensity is to fade or dissolve into the next message.
6.
Permanent On-Premise Signs By Type
d.
Monument Signs
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b.
(1)
Only monument signs are allowed.
(2)
The height of a detached sign shall not exceed twenty-five (25)
feet.
Changeable Letter Signs
(1)
c.
Freestanding signs displaying price and rate information
are restricted to those uses which provide drive-through
service as an integral element of its business activity.
(b)
Only one (1) such sign shall be permitted and shall be
limited to four (4) square feet in area; rise no more than
six (6) feet in height; and may be illuminated but shall not
flash, blink or fluctuate.
(c)
All other price and rate information may be included on
the detached sign structure and shall be limited to thirty
(30) percent of the total permitted sign area.
(d)
Menu boards servicing restaurants shall be permitted
provided that said menu boards are not located within the
first twenty (20) feet of the front of the development.
No sign shall be erected above the roof ridge line of the main
building. The maximum height for the sign shall not be over
thirty-two (32) feet.
Projecting Signs
(1)
7.
(a)
Wall Signs
(1)
d.
Developments shall be allowed to include rate and price
information on a detached sign subject to the following
conditions:
No projecting sign shall extend more than five (5) feet from the
face of the building.
Off Premise Signs
a.
Off Premise signs are prohibited within the district. Off premise signs in
existence at the time of adoption of this section are permitted and may be
repaired, replaced, and re-located in accordance with the provisions of
Chapter 16 of the Unified Development Code. However, any relocation
may not increase the total number of off premise signs within the
District.
H. Parking
1.
Alternative Pervious Pavement Parking
a.
Pervious paving shall be required for all parking spaces which exceed the
existing parking requirements by ten (10) percent.
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2.
Design Standards
a.
I.
Parking spaces shall be designated in such a manner that adequate
maneuvering areas are provided and backing onto or off the street rightof-way will be prohibited.
Landscape and Trees
1.
Landscape Standards
a.
b.
c.
d.
Street Yard Planting Area
(1)
The first twenty (20) feet from the property line shall be
landscaped to include one (1) tree for each fifty (50) feet or
fraction thereof. The street yard planting area must be a
minimum of twenty (20) feet in width.
(2)
The remainder of the required street yard planting area shall be
planted with grass, ground cover or other landscape material and
exclusive of paving. In addition, a hedge, wall, earth berm, or
other durable landscape barrier of a minimum of three (3) feet in
height can be placed in the street yard planting area. If said
barrier consists of nonliving material, one (1) vine or shrub shall
be planted every ten (10) feet and a minimum of three (3) feet in
length at time of planting and abutting the barrier. Applies to
new construction only.
(3)
Five (5) bicycle parking spaces shall be required for every onehundred (100) vehicular parking spaces.
Buffer Yard Screening
(1)
An eight (8) foot fence must be installed between existing
residential use and any new non-residential use. The fence shall
be maintained in a structurally sound manner, in good
appearance, and replaced when necessary and kept free of refuse
and debris.
(2)
All outside stored inventory must be screened from view of public
roads.
Vehicular Use Area
(1)
Applicable to areas used for parking of five (5) or more vehicles.
(2)
A minimum of ten (10) percent of the vehicular use area of the
interior of the lot shall be landscaped for the purpose of guiding
and separating vehicular and pedestrian traffic.
(3)
Landscaping shall be distributed in such a manner that no
parking space is further than forty (40) feet from a Class “A” tree.
Maintenance
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(1)
e.
Tree and Urban Forest Preservation Standards
(1)
J.
All landscaping must be maintained as specified in Chapter 18
Section 18.3.Bof the Unified Development Code.
Live Oaks currently existing in the City-Parish or State Right-ofway shall be protected.
In addition, no driveways or
encroachment into the root zones of the trees will be allowed. No
pruning or other work may be undertaken near these trees
without prior approval of the Department of Public Works and/or
Louisiana Department of Transportation and Development.
Violations are punishable by fines up to dollar amount equal to
the value of the loss or damage, as determined by a professional
evaluation based upon the latest edition of Council of Tree and
Landscape Appraisers Guide for Plant Appraisal.
Design Standards
1.
2.
ExteriorBuilding Materials Permitted
a.
Ceramic, tile, stucco (three-coat hard systems with hard or synthetic
finish coat).
b.
Architectural type metal wall and roof panels (standing-seam panels,
flush panels, etc. with concealed fasteners).
c.
Wood and/or composite type siding and trim (including but not limited
too beveled lapped siding, fiber cement siding/trim and wood trim).
d.
Wood, vinyl and metal soffit panels (including but not limited too finished
wood trim, perforated fiber cement siding, panels, vinyl or metal
interlocking panels, and aluminum vents).
e.
Decorative type concrete masonry units (including but not limited too
split-faced, ground face, ribbed, and brick).
f.
Exposed high pitch roofing (architectural-type asphalt shingles, slate
shingles, clay tile shingles, wood shingles, composite/cementitous
simulated slate shingles, and metal shingles).
g.
Non-exposed low pitch roofing systems (including but not limited too
built-up roofing, modified bitumen, EPDM, and sprayed foam).
The following materials are not permitted:
a.
Unpainted or painted standard gray concrete masonry units.
b.
Aluminum siding (including but not limited too simulated-lapped board
types).
c.
Non-architectural type pre-engineered metal building wall and roof
components (including but not limited too trapezoidal panels with
exposed fasteners).
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d.
Exterior Insulation Finish System (including but not limited too EIFS
one-coat soft systems).
e.
Non-architectural type asphalt shingles (including but not limited too
three-tab asphalt shingles).
Section 10.102g
A.
Urban Design Overlay District Seven – Arts and Entertainment
District
Purpose
To provide guidelines for development activity in the designated area as shown in
Appendix G, also characterized as the Arts & Entertainment District in Downtown
Baton Rouge, and to strengthen the physical and economic character of the district by
promoting and encouraging consistency in the quality of design. The purpose is to
create a well-defined destination attraction and vibrant commercial centerpiece within
Downtown, with a thematic focus and balanced mix of arts and entertainment venues
and activities. The district is bounded as follows: North right of way of Main Street to
the north; West right of way of Fourth Street to the east; Crown of Levee to the west;
and River Center north façade to the south.
B.
Enforcement and Review
1.
Downtown Master Plans.
Project designers should reference downtown master plans for conceptual
project guidelines prior to submitting plans to the Planning Commission for
review. Such plans include the Plan Baton Rouge Master Plan, the Riverfront
Master Plan, the New River District Plan and the Downtown Visitors’ Amenity
Plan. Copies of these plans are accessible on the Downtown Development
District website, www.brgov.com/dept/ddd.
2.
Downtown Design Committee
3.
a.
This committee shall be established by the Council to review
developments that seek incentives and will issue a statement of
approval/disapproval of those developments seeking Arts and
Entertainment financial incentives. The committee shall include: the
Director of the Downtown Development District, a staff member of the
Planning Commission, a member from the Downtown Business
Association, a member from Center for Planning Excellence, three local
professional advisors including one Architect, one Landscape Architect
and one Civil/Transportation/Environmental Engineer, one property
owner from the Arts and Entertainment District, one business owner
from the Arts and Entertainment District, and one member of the Arts
Council of Baton Rouge.
b.
Project designers are encouraged, but not required, to meet with the
Downtown Design Committee to review project specifics prior to Planning
Commission review. The Downtown Design Committee will issue a project
review statement to submit as part of the review package to the Planning
Commission.
Financial Incentives
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a.
4.
New Construction
a.
5.
C.
D.
For new construction, Planning Commission
compliance prior to issuance of building permits.
staff
shall
certify
Existing Development
a.
6.
To be eligible for any financial incentive programs as may be established
for the Arts and Entertainment District, projects must comply with the
Architectural Elements as well as all other provisions of this section.
All on premise signs in Urban Design Overlay District must comply with
the sign regulations imposed by this Ordinance and the Unified
Development Code Sign Ordinance within three (3) years from the date of
approval of this Ordinance by the Metropolitan Council.
Additions and Renovations
a.
Any new construction, and/or any renovation, expansion or
reconstruction which encompasses forty (40) percent or more of the total
square footage of the ground floor or which involves any modification of
the front exterior shall comply with this ordinance.
b.
Prior to the issuance of a building permit for any structure located within
the Arts and Entertainment District as required under Title 8, Chapter 1,
Section 8:1 of the Code of Ordinances, the Planning Commission Staff
shall certify compliance with and/or exemption from the requirements of
this section as set forth herein.
Waivers, Variances, and Exceptions
1.
The district boundaries as set forth in this section may be altered only by the
affirmative vote of two thirds (2/3) of the members of the Metropolitan Council
at a public meeting in which a quorum is present.
2.
A waiver of the requirements in the Sign portion of this ordinance may be
granted by the Planning Commission for good cause shown. All requests for
waivers must be considered by the Downtown Design Committee prior to
approval by the Commission and may include any conditions or stipulations the
Commission deems appropriate.
Utilities
1.
Lighting
a.
Sidewalks, arcades, pedestrian pathways, parking areas and building
entrances must be well-lit with pedestrian scaled lighting.
b.
Use of appropriate lighting strategies is required such as:
c.
Illuminating distinctive features of a building, including entries, signage,
canopies and areas of architectural detail and interest, install lighting in
display windows that spills into and illuminates the sidewalk.
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E.
d.
A minimum zone of four (4) feet from the building and a zone of two (2)
feet within the storefront shall be lit by mounted exterior lighting.
e.
If walkways are illuminated, the illumination shall not exceed .5 foot
candles at grade. The mounting height of these light fixtures shall not
exceed fourteen (14) feet (pedestrian scale). Lighting element shall be
shielded.
Streets and Sidewalks
1.
2.
Sidewalks
a.
The use of non-standard paving materials and/or patterns is
encouraged. The standard public sidewalks within the Downtown Arts &
Entertainment District consist of concrete scored in a two (2) foot by two
(2) foot square grid pattern. Any deviation from this standard
construction detail shall require the prior approval of the Director of
Public Works.
b.
General upkeep of public sidewalks, including cleaning, sweeping, and
litter removal shall be the responsibility of the adjacent property owner.
c.
No public sidewalk shall be painted, overlayed, re-colored or otherwise
modified without the prior approval of the Director of Public Works.
d.
All markings on sidewalks or buildings for purposes of utility repair shall
use temporary removable, washable paint. Contractor shall remove the
markings within fourteen (14) days of job completion or contractor is
subject to a fine of one hundred (100) dollars per day.
Streetscape
a.
Streetscape Standards
(1)
The detail elements of streetscapes play a vital role in creating a
desired theme or sense of place in City environs. The Downtown
Visitors’ Amenity Plan was developed to provide a conceptual plan
of coordinated amenity improvements to complement public and
private sector developments.
(2)
The Downtown Visitors’ Amenity Plan is strategically directed at
developing the City’s identity profile by enhancing the Riverfront,
ease of vehicular access, and pedestrian friendly character.
Targeting the major identifying components of the City’s visitor
landmarks, connective infrastructure, and visual image, the plan
identifies conceptual amenity upgrades and additions to
significantly strengthen and enrich Downtown’s visitor
orientation, user experience, and tourist marketability.
(3)
Streetscape elements should be chosen for their overall response
to design, cost, structural stability, durability and sustainability
qualities. The elements presented in this section have been
selected with these qualities in mind as well as past experiences
with similar models or the manufacturers. They are intended to
serve as guidelines for comparison with furnishings and materials
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put forth in development proposals as well as comparison with
local manufacturers offering the same or similar streetscape
elements.
b.
(4)
Property owners shall be responsible for the routine general
removal of litter and trash from all landscaped areas and public
sidewalks on or abutting their property.
(5)
Public litter receptacles and sidewalks shall not be utilized for the
collection of garbage and trash from private properties and/or
businesses. The use of public litter receptacles or sidewalks for
such purposes shall be considered a violation of this ordinance.
Outdoor Dining Areas
(1)
c.
F.
New restaurants/bars/entertainment venues in the Arts and
Entertainment District are encouraged to incorporate usable
private open space and outdoor dining areas as set forth in Title
15, Chapter 6, Section 333 of the Code of Ordinances of the City
of Baton Rouge and Parish of East Baton Rouge.
Site Materials/Furnishings
(1)
Human scale public art, street furniture such as seating,
distinctive landscaping such as specimen trees, shade trees,
flowering plants, water features and public seating areas in the
form of ledges, broad stairs and planters near public open spaces
are encouraged. See the Downtown Visitors’ Amenity Plan.
(2)
Newspaper and advertisement/marketing vending boxes within
the Arts and Entertainment District are prohibited within the
public right of way unless approved by the Downtown Design
Committee.
Signs
1.
Calculations
a.
2.
3.
Developments with fifty (50) feet or less of Frontage may only utilize wall,
canopy, awning or projecting signs. All signs must be attached to the
building.
Prohibited Signs
a.
Only Wall Signs, Awning Signs and Projecting Signs are allowed in the
Arts and Entertainment District.
b.
Pole signs, off-premise signs, and changeable letter signs (except as part
of an identification sign are prohibited).
Temporary Signs
a.
Temporary signs are allowed in accordance with UDC Section 16.12.
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b.
4.
Wall Signs
a.
5.
G.
Canopy, awning and projecting signs are not to exceed twelve (12) feet in
length.
Storefront Signage/Displays
a.
Signs shall be located in the lintel or sign frieze that separates the
ground level storefront from the upper façade, on the upper façade walls,
or projecting from the face of the building.
b.
Signs featuring renderings or graphics of future projects on vacant
buildings or on construction sites are encouraged within three months
following purchase transaction. New construction project signage shall
be incorporated into the landscape by providing interpretative
information about building activities on the fence surrounding the
construction site.
Parking
1.
H.
Wall signs cannot exceed thirty-six (36) square feet in sign area.
Canopy, Awning Signs, and Projecting Signs
a.
6.
For all temporary signs displayed in public right of way including
sidewalk sandwich signs, directional, special event signage, guidelines
for uniform signage are available at the Downtown Development District
office.
Off- Street Parking
a.
With the exception of any areas dedicated to ingress and egress, any
parking structure that is located adjacent to a public street shall have
retail/commercial uses in all areas of the first level fronting the street.
b.
Adjoining parking structures shall have identical exterior and interior
architectural and structural design including color, materials,
appearance, and landscaping. The material and color selection shall be
neutral and complementary to adjoining buildings.
Landscape and Trees
1.
Landscape Standards
a.
Street Yard Planting Area
(1)
All existing tree wells in the public rights-of-way shall be retained
when properties are developed or renovated. Existing trees shall
be protected from damage during construction. With the prior
approval of the DPW Urban Forestry & Landscape Manager,
existing trees may be removed and replaced after construction
with approved species and sizes of trees.
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b.
(2)
Planting of shrubs, ground covers, annuals, or other materials in
tree wells is encouraged, but shall be done only with the prior
approval of the DPW Urban Forestry & Landscape Manager.
(3)
No public tree shall be cut or pruned in any manner without the
explicit prior permission of the DPW Urban Forestry & Landscape
Manager.
(4)
No tree or tree well located within a public right-of-way shall be
lighted, decorated or adorned in any way without prior approval
of the DPW Urban Forestry & Landscape Manager.
(5)
With the exception of those placed for public safety purposes, no
temporary or permanent chains, signage of any type may be
attached to any public tree or located within a public tree well.
Vehicular Use Area
(1)
Parking lots and structures, if properly designed and screened,
can contribute to the urban character and provide for attractive
pedestrian environment. A low evergreen hedge or masonry wall
will screenautos and paving, thereby eliminating the harshest
visual aspects of the parking lot, while also providing for adequate
surveillance and security.
(2)
Service Areas
(a)
Service areas are defined as designated areas for shortterm trash storage and pick-up, short-term recyclable
materials storage and pick-up as well as above or below
ground utility equipment such as condenser units,
chillers,
transformers,
utility
meters,
etc.
The
requirements of this subsection must be implemented
within three (3) years of the date of adoption of this
ordinance.
(b)
Location. Service areas within the Arts & Entertainment
District must be carefully sited to be easily accessible,
while remaining hidden from direct view from the primary
or side streets. This can generally be accomplished by
adhering to the following guidelines.
(c)
Utility areas, mechanical equipment or designated loading
spaces shall be located at the rear of buildings.
(d)
Service areas should be designed to be part of the primary
building and should not detract from the aesthetic appeal
of the district.
(e)
Screening. All dumpsters, exterior private trash
receptacles, exposed storage areas, machinery, service
areas, truck loading areas, utility buildings, air
conditioning units and other similar structures shall be
screened from view from neighboring properties and
streets with the same materials, color and/or style as the
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primary building in order to be architecturally compatible
with the primary building.
Utility areas, mechanical
equipment or designated loading spaces shall be located at
the rear or on rooftop of buildings or so as not to be visible
from any public street.
c.
All roof equipment must be screened from public view so
as not to be visible from any public street.
(g)
Any receptacle provided for public use shall match in style
and color with the existing Downtown standard, as set
forth in the Downtown Visitors Amenity Plan.
(h)
For new buildings and major renovations as defined
herein, utilities and dumpsters shall be incorporated into
the building within the property line, not located at the
corners, and not visible to the pedestrian (example: see
Baton Rouge Area Foundation building).
(i)
A waiver of the requirements of this subsection may be
granted by the Planning Commission for good cause
shown. All requests for waivers must be considered by the
Downtown Design Committee prior to approval by the
Commission and may include any conditions or
stipulations the Commission deems appropriate.
Maintenance
(1)
I.
(f)
Storefronts, sidewalks and tree wells throughout the district
should be maintained and cleaned by property owners.
Design Standards
The Architectural elements in these guidelines are not intended to be inflexible
prescriptive requirements, and therefore exceptions may be granted by the Planning
Commission for particularly appropriate proposals as set forth hereinafter. The intent is
to encourage creative quality design solutions in creating a distinctive environment with
this district.
A building’s mass, profile, orientation, color, placement, and material can either
enhance or detract from the overall aesthetic appearance and experience in the Arts &
Entertainment District. The objective of the development guidelines is to ensure
continuity and compatibility among all architectural features and their associated
spaces to enhance the quality of life as it relates to how people experience spaces and
the environment around them. This is accomplished by using the building’s enclosure
to define and enhance spatial legibility while also providing visual cues to add diversity
and highlight key elements.
The guidelines are intended to be sensitive to market considerations by being
functional, flexible and responsive to varying tenant requirements. Consequently, these
guidelines are illustrative rather than prescriptive. They describe appropriate types of
enhancements that can be made to existing and new structures, as well as general
façade enhancements. While attempting to be comprehensive in scope, these guidelines
are not exhaustive in detail and do not dictate design decisions. Nevertheless, they
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address functional standards, preservation principles, and design parameters that
encompass the building façade and streetscape components of the District.
1.
Massing and Density Standards
a.
b.
2.
(Also refer to East Baton Rouge UDC Chapter 8 – Zoning Districts &
Chapter 9 – Accessory Uses)
Buildings that are over one hundred fifty (150) feet tall, or more than
nine (9) stories in height, shall have a discernible treatment that
distinguishes the base, middle and top of each building on all façades.
Exterior Materials
a.
An urban fabric of compatible building exteriors within this section will
portray the design excellence and building quality to be embodied
throughout the Arts & Entertainment District. The design guidelines for
exterior walls focus on texture and materials. If the building’s façade is
complex with many design features, the wall texture should be simple
and subdued. If the façade design is simple, a finely textured material,
such as patterned masonry, can greatly enrich the building's overall
character.
b.
The following materials are recommended as dominant building
materials to complement the existing Downtown building stock and
façades:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
c.
The following materials are recommended for use as accent building
materials used in moderation, and composing less than twenty (20)
percent of any one façade on the building:
(1)
(2)
(3)
d.
Masonry brick, natural stone or architectural pre-cast stone or
concrete.
Masonry or glazed concrete masonry unit block.
Stucco masonry systems.
Prefinished painted metal panels.
Natural hardwood siding, posts, railings.
Cementitious siding.
100% recycled building products, such as metals, recycled
lumber, and plastics.
Ceramic tile.
Glass.
Stainless, Galvanized, or Corrugated Steel.
Sheet Aluminum.
Architectural Glass Block.
The following materials are not recommended as dominant building
materials because they do not complement the existing Downtown
building stock and façades:
(1)
(2)
(3)
Aluminum siding.
Vinyl siding.
Glass curtain walls or mirrored glazing in general on the first floor
for retail uses.
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(4)
(5)
Concrete Masonry Units (CMU): Unfinished and painted CMUs
are not permitted as the finished exterior surface of a building,
wall or fence; however, decorative CMUs (e.g., split face, glazed,
etc.) may be used if approved by the Planning Commission.
Pressure treated wood products.
e.
3.
Exposed ends of unit and foundation walls shall be clad in brick, natural
stone or stucco material.
Façade Wall Articulation/Fenestration
a.
Reinforcing the architectural design fundamentals, wall articulation and
fenestration should enhance the aesthetic experience by providing a rich
and varied streetscape façade.
b.
Long, blank, unarticulated street wall façades are prohibited. Monolithic
street wall façades shall be designed to include vertical and horizontal
articulation (i.e., sculpted, carved or penetrated wall surfaces defined by
recesses and reveals).
c.
A "long, blank, unarticulated street wall” is any wall unbroken to the
height of nine (9) feet by any one (1) or the width of fifteen (15) feet of one
or more of the following:
(1)
(2)
(3)
4.
A public doorway made of transparent materials.
A doorway made of opaque materials and recessed at least three
(3) feet.
A stairway directly available at street level to the public, but not
fire escapes or false stairways.
d.
A window or fenestration opening in keeping with the architectural
character of the surrounding area of at least twelve (12) square feet in
area.
e.
Sculpted, carved or penetrated wall surfaces or breaks (reveals, recesses)
in the surface of the wall itself.
f.
It is encouraged that façades instead be articulated into a series of
structural bays with solid piers that frame window and door elements.
This subdivision of the wall plane establishes a rhythm that yields a
human scale to the streetscape.
The Upper Façade
a.
The upper façade of a building is distinct from the street-level storefront,
and the design qualities differ.
b.
The upper façade consists of the following components:
c.
The cornice and fascia that cap the building front.
d.
The building's upper stories.
(1)
The windows, which provide articulation and interest to the upper
architecture.
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(2)
(3)
e.
5.
Where appropriate, the design of buildings should provide a transition
from the pedestrian level/storefront to the upper floors by the use of
materials, building articulation, color and level of detailing. When seen
from the streets, a transition zone should add interest at the vehicular
and pedestrian scale, thereby reinforcing the aesthetic experience and
providing diversity and focal points.
Storefronts
a.
Storefront designs
(1)
(2)
(3)
6.
The piers, which extend to the ground level to visually support
the façade and frame the storefront.
The more massive, solid architecture of the upper façade gives the
building its feeling of substance and expresses its architectural
quality and character.
As a result, the design treatment,
materials and conditions of the upper façade play an important
role in defining the architectural style of the building and in
relating it to neighboring buildings in the block face.
The treatment of storefronts is critical to the overall integrity of
the Arts & Entertainment District character. Storefront does not
necessarily imply that a building has a retail commercial use; the
storefront traditionally has experienced the greatest amount of
change during a building's life and holds the most potential for
creative alterations affecting the character of the building and the
street scape.
Traditional storefront buildings can be small, individual, or midblock structures that accommodate a single business, or large
buildings designed to provide space for two or more businesses
separated by masonry columns or piers forming distinct
storefront structural bays. This building type is designed to be
perceived as a whole unit, with the visual emphasis consistently
placed on the storefront area and its display windows, versus the
upper story façade characterized by vertical windows, parapets,
or cornices.
Retail uses are critical on the street front, sidewalk frontage of the
building façade in the Arts & Entertainment District.
The
frontage of all buildings should have primarily retail storefronts
along the sidewalk edge.
Entries and Doorways
a.
The main entry to a building, leading to a lobby, stair or central corridor
should be emphasized at the street level to announce a point of arrival in
one or more of the following ways:
b.
Recessed within a larger arched or cased decorative opening.
c.
Covered by means of an awning, balcony, or colonnade.
d.
Punctuated by means of a change in roofline, a tower, or a break in the
surface of the subject wall.
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e.
Buildings situated at the corner of a public street should take advantage
of and address the opportunity to provide a prominent corner entrance to
street level shops or lobby space.
f.
Windows
(1)
(2)
g.
Door and Window Design
(1)
(2)
(3)
(4)
(5)
(6)
(7)
h.
All reflective glazing and tinted glass is prohibited on the first
floor of any retail establishment located in the Arts &
Entertainment District. Windows are to be transparent.
Window treatment is a key way to differentiate between the street
level storefront and upper stories. The large window area at
ground level also creates a more inviting and diverse streetscape
with highlights at each storefront.
The detailing of doors and windows can also contribute to the
aesthetic experience. The proper accents on these features can
further enhance the focal point demarcating the entry.
Doors can be accentuated with simple details such as a
handsome brass door pull, brass kick plate, or an attractive
painted sign.
Doors to retail shops should contain a high percentage of glass in
order to view the retail contents.
When windows are added or changed, it is important that the new
design be sympathetic to and compatible with the façade theme of
the entire block face.
Storefront windows should be as large as possible and no closer
than eighteen (18) inches from the ground (bulkhead height).
This height is used to prevent someone from accidentally kicking
a window by elevating the sills. By limiting the bulkhead height,
the visibility to the storefront displays and retail interior is
maximized. Maximum bulkhead heights for new construction
should be thirty-six (36) inches.
Introducing or changing the location or size of windows or other
openings that alter the architectural rhythm or character of an
existing building is discouraged and must be approved by the
Planning Commission.
Permanent, fixed security grates or grilles in front of windows are
prohibited.
Awnings, Canopies and Balconies
(1)
(2)
A continuous overhead cover protecting the pedestrian from sun
and rain shall be provided along the right-of-way where the
building meets the street in the Arts & Entertainment District.
The height shall be between nine and fourteen feet from the
sidewalk and shall provide a minimum of eight feet in cover in
width where feasible and permitted by site dimensions. Special
circumstances may apply and minimum width may be waived.
This can take the form of a fixed projection from the building (i.e.
balconies), or retractable or non-retractable awnings.
Awnings and canopies provide the opportunity to add color and
visual relief to buildings, as well as protecting windows from
intense direct sunlight and protecting the pedestrian from the
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(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
7.
Ground Floor Transitions in the Building
a.
J.
Where appropriate, the design of buildings shall provide a transition from
the upper floors to the pedestrian level by the use of materials, building
articulation, and level of detailing. When seen from the boulevards and
streets, a transition zone shall add interest at the vehicular and
pedestrian scale, thereby reinforcing the urban street quality of the street
and system.
Noise
1.
Title 12 Chapter 2 Section 12:103 (Loudspeakers and amplifiers) is hereby
amended so as to allow operation until 12:00 a.m. Midnight within the Arts and
Entertainment District. All other provisions remain.
Section 10.102h
A.
elements. The following guidelines describe the elements of
awnings and canopies that will enhance the aesthetic experience
of the Arts & Entertainment District.
Awnings, where used, should be of durable, commercial grade
materials.
Bright and/or contrasting colors should be avoided. The awning
colors should complement the building they are intended to serve
and the proposed street furnishings.
Awnings should have a single color or two-color stripes.
Where the façade is divided into distinct structural bays (sections
defined by vertical architectural elements, such as masonry
piers), awnings should be placed within the vertical elements
rather than overlapping them.
The awning design should
respond to the scale, proportion and rhythm created by these
structural bay elements and “nestle” into the space created by the
structural bay.
Awning frames and supports should be of painted or coated metal
or other non-corroding material.
Glossy or shiny plastic or similar awning material is not
recommended.
Awnings should be well-maintained, washed regularly and
replaced when faded or torn.
Signage on the awning should cover less than twenty (20) percent
of the awning area.
Urban Design Overlay District Eight – Jefferson Highway
Purpose
To provide guidelines for development activity within the Jefferson Highway Urban
Design Overlay District as shown in Appendix G, which includes lots fronting the south
side of Jefferson Highway from the North Branch of Ward Creek to Bluebonnet Road
and lots fronting the north side of Jefferson Highway from Drusilla Lane to Fairway
Drive. This district is to strengthen the physical and economic character of the
neighborhood by mitigating or avoiding functional and architectural incompatibility of
buildings or uses.
B.
Enforcement and Review
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Any development as defined herein shall comply with the Unified Development Code
requirements imposed or reconstructed and also comply with the additional
requirements set forth in this section.
1.
New Construction
a.
Any new construction shall comply with this ordinance.
b.
2.
3.
Planning Commission staff shall certify compliance prior to issuance of
Certificates of Occupancy for all developments as defined herein within
this District.
Existing Development
a.
Any renovation, expansion, or reconstruction which encompasses forty
(40) percent or more of the total square footage of a building or any
change of use from single family residential to a higher classification
shall comply with this ordinance.
b.
The Planning Commission staff shall certify compliance with the
requirements of this section prior to the issuance of any building permits
for existing structures.
Change of Permitted Uses
a.
C.
Any property within this overlay district may not be rezoned to any
classification other than UDD4. The Planning Commission staff shall
certify compliance prior to insurance of building permits in UDD4.
Dimensional Regulations
1.
2.
Permitted Height
a.
Top Plate Height is the top edge of any two (2) inch by four (4) inch, or
similar material, attached horizontally along the top edge of all wall studs
and is that point where the eave becomes the roof.
b.
New buildings are limited to two and a half (2.5) stories or thirty-five (35)
feet. The gross floor area of the third floor, if any, shall not exceed (50)
percent of the gross floor area of the second floor.
c.
The main roof type must be of gable or hip design. Dormers or other
architectural features may be included in the main roof design. For
thirty-five (35) foot buildings, roofs shall rise from second level plate
height uninterrupted by vertical walls to its peak, and have a maximum
top plate height of twenty-six (26) feet above top edge of slab or top edge
of beam if pier and beam construction is used. A building=s primary roof
area shall have a minimum six (6) on twelve (12) pitch. Gable walls are
permitted if the rafter bearing walls comply with the top plate height.
d.
Town housing and duplexes shall have a maximum of two (2) stories with
attached and enclosed garages within townhouse subdivisions developed
in accordance with Section 4.9 of the UDC.
Minimum Yard Requirements
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a.
3.
MinimumBuilding Setbacks shall be as follows:
(1)
Front Yard (facingJefferson Highway) shall be twenty (20) feet.
(2)
Interior Side Yard (not facing a street) shall be five (5) feet.
(3)
Exterior Side (abutting the District line) shall be forty (40) feet
(includes utility servitude).
(4)
Rear Yard shall be twenty (20) feet (includes utility servitude).
(5)
Corner Lots-Side Street Side yard shall be thirty (30) feet.
Minimum Lot Area and Widths
a.
The maximum gross floor area of any new building or buildings within the
district shall not exceed six thousand (6,000) square feet in accordance
with the following table:
Gross Floor Area (sq. ft.)
2500
3000
4000
5000
6000
b.
4.
D.
E.
Townhouse subdivisions on parcels of at least one acre developed in
accordance with Section 4.9 of the UDC may have a minimum lot width
of twenty (20) feet and a minimum lot area of three-hundred (300) square
feet provided that all other requirements of this overlay district are met.
Building Siting and Orientation
a.
No outside work or storage areas permitted, except for dumpster areas.
b.
Slab-on-Grade or pier and beam foundation with piers that do not exceed
four (4) feet in height are permitted.
Utilities
1.
Lighting within forty (40) feet of the District line mounted on buildings or fences
shall be no more than seven (7) feet above the ground.
2.
Pole lighting is permitted only in parking areas. Pole lighting is limited to
eighteen (18) feet in height and must be located a minimum of forty (40) feet
from the District line.
Floodways, Floodplains, Drainage, and Water Quality
1.
F.
Minimum Lot Area (sq. ft.)
6000
7500
10,000
12,500
15,000
Any and all site improvements must have zero (0) drainage impact from predevelopment to post-development and shall be reviewed and approved by DPW
prior to any construction.
Streets and Sidewalks
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1.
2.
Streets and Alley Right of Ways
a.
All developments are limited to one (1) main driveway connecting to
Jefferson Highway. Second driveways are permitted if shared with a
neighboring property owner, for a maximum of two (2) main driveways on
any lot. The main driveway must be at least eighteen (18) feet wide, no
greater twenty-four (24) feet wide and at least ten (10) feet deep from the
Jefferson Highway right-of-way. Main Driveway can narrow in width and
separate after ten (10) feet from the Jefferson Highway right-of-way.
b.
Neighboring lots are allowed to share porte-cocheres or similar
structures that cover a shared main driveway to Jefferson Highway.
Once a main driveway is shared by two lots, that driveway shall remain a
private servitude for both lots unless both property owners and the
Department of Public Works agree to its relocation. Shared driveways
and shared porte-cocheres shall only be allowed if there is a servitude
agreement recorded in the public records of East Baton Rouge. The
servitude agreement shall also provide for the showing of maintenance
and liability of the shared driveway or shared porte-cochere. Applicants
shall present a copy of the executed servitude agreement to the Planning
& Zoning Commission in order to obtain authority for a shared driveway
or shared porte-cochere. The executed agreement shall be held and
recorded once all approvals are granted.
Sidewalks
a.
G.
All developments within the district shall provide adequate and safe
pedestrian circulation from street and parking areas. The pedestrian
circulation must be a minimum of five (5) feet in width.
Signage
1.
Calculations
a.
2.
Prohibited Signs
b.
3.
4.
One monument sign is allowed per frontage.
Only monument and wall signs are allowed.
Illumination
a.
Signs may be illuminated but may not flash, blink or fluctuate and may
not be animated.
b.
No internal illumination is allowed.
Permanent On-Premise Signs By Type
a.
Monument Signs
(1)
Monument signs may not exceed five (5) feet in height.
(2)
The sign area may not exceed thirty (30) square feet per face.
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b.
H.
(1)
Wall signs must be less than thirty-two (32) square feet per face.
(2)
No building wall shall contain more than two-hundred (200)
square feet of signage.
(3)
Wall signs must be non-electric and cannot extend above the
parapet or the eaves of the building to which the sign is attached.
(4)
Wall paintings and graphics, including but not limited to murals
and air-brushed or paint sprayed signs, are not permitted.
Parking
1.
2.
Off- Street Parking
a.
All parking areas must be located at the rear or side of the building.
b.
All outdoor parking lots must have concrete curb and gutter
configuration.
c.
Pin-on parking bumpers are prohibited.
d.
No parking area may be located within the designated front, side, or rear
yard.
e.
No parking is permitted within ten (10) feet of the District line.
f.
On corner lots, parking may by located within zero (0) feet of the side
yard fence as required by Section 10.102h.I.1.b.
Alternative Porous Pavement Parking
a.
3.
In addition to current UDC pervious parking requirements, pervious
parking is required for all parking spaces which exceed the existing
parking requirements by ten (10) percent.
Design Standards
a.
I.
Wall Signs
Cross access servitudes/easements are encouraged in site plan review to
minimize curb cuts along Jefferson Highway.
Landscape and Trees
1.
Landscape Standards
a.
Street Yard Planting Area
(1)
A ten (10) foot street planting area is required along Jefferson
Highway measured from the street right of way. No building,
structure or parking is permitted within the ten (10) foot street
planting area. The minimum requirements for the street planting
area include one (1) Class AA@ tree or three (3) ClassAB@ trees for
every fifty (50) linear feet of public street frontage, or fraction
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thereof, measured at the property line. Thirty-three (33) percent
of the required trees must be evergreens and may be located
anywhere within the street planting area.
(2)
b.
The street planting area must be planted with shrubs and ground
cover plantings to the extent that fifty (50) percent of the street
planting area is planted with vegetation other than turf grass.
Buffer Yard Screening
(1)
The following buffer yards shall be landscaped, contain no
parking, and shall be calculated by measuring from the property
lines:
(a)
Front Yard shall be twenty (20) feet.
(b)
Rear Yard shall be twenty (20) feet (including any type B
landscape buffer) in addition to servitude.
(c)
Side Yard shall be ten (10) feet area with fence three and a
half (3 2) feet.
(d)
Sidewalks and driveways are permitted to extend into the
front yard buffer area as provided herein.
(e)
Roof overhangs or eaves are permitted to encroach upon
the side and/or front yard for up to one (1) foot.
(2)
Developments on corner lots that border the intersection of
Jefferson Highway and Drusilla Drive, Chelsea Drive, Fleet Drive,
Pine Park, or Bluebonnet Road shall also have a five (5) foot
deeplandscaping buffer along the entirety of the side street
setback line fence between the fence and the street; however,
there may be an opening that is equal to the width of the sidewalk
to facilitate pedestrian traffic.
(3)
Fencing
(a)
All developments must provide a solid eight (8) foot fence
with a flat top along the District line. The fence shall be
maintained in a structurally sound manner, in good
appearance, replaced when necessary and kept free of
refuse and debris. Gates for pedestrian use are permitted.
(b)
A maximum of two (2) gates no greater than four (4) feet
wide by eight (8) feet in height each are allowed along this
rear fence to allow access to rear servitude and to rear
property line.
(c)
Barbed wire, razor wire, plastic and chain-link fencing is
prohibited.
(d)
Corner lots that border the intersection of Jefferson
Highway and Drusilla Drive, Chelsea Drive, Fleet Drive,
Pine Park, or Bluebonnet Road shall also provide a three
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and a half (3 2) foot fence constructed of wood, masonry,
or wrought iron. The fence shall run a minimum of
twenty-five (25) feet from the District line along the side
street setback line. The fence must conceal all side or rear
parking areas.
c.
Vehicular Use Area
(1)
All outdoor parking areas must contain a minimum of two (2)
Class“A” trees or four (4) Class “B” trees for every fifteen (15)
parking spaces, or fraction thereof.
(2)
All outdoor parking areas shall be required to have a minimum of
ten (10) percent of the total vehicular use area landscaped with
trees, shrubs and ground cover other than turf grass.
(3)
No outdoor parking space is allowed to be further than forty (40)
feet from a Class “A” tree.
(4)
Pervious materials may be used to construct parking spaces in
order to preserve trees designated for preservation in the Tree
Preservation Plan as discussed in Section 10.102h.I.2.
(5)
Service Areas
(a)
2.
Tree and Urban Forest Preservation Standards
a.
J.
Service areas for all developments within the district must
be constructed in compliance with the requirements of
Section 18.3 of the Unified Development Code.
A Tree Preservation Plan shall be submitted as part of any site plan as
part of a UDD4 proposal in accordance with Section 18.5.B of the UDC.
Design Standards
1.
Scale and Façade
a.
2.
All new buildings must have a residential like appearance, even if used
for non-residential purposes.
Building Materials
a.
No concrete block or metal wall panels are allowed on the exterior wall.
b.
No vinyl or aluminum siding
c.
No pre-engineered metal or concrete buildings are allowed
d.
Skylights will not be located on the front elevations of the office. Bubble
skylights are not allowed. Solar collectors are allowed if screened from
view.
e.
All exposed portions of chimneys must be brick, stucco, or stone.
Chimney caps are required with no exposed spark arrestors. Chimney
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materials will be brick, copper, bronze color clad, slate, or flagstone.
Stack vents will be painted to match the color of the shingles and must
be located at the rear of the unit.
f.
Storage/utility sheds must be attached to the building and will be
constructed of the same materials as the main building. No prefabricated, freestanding structures will be permitted.
g.
All air-conditioning compressors must be ground mounted and visually
screened.
Transparent windows or dormers facing the District line are prohibited
above the first level.
h.
3.
i.
No exterior staircases are permitted unless architectural and decorative
in nature. Staircases meeting these requirements must have linear or
circular design, use the same architectural feature as the main
structure, and not have the appearance of emergency stairs. Utilitarian
metal pan stairways shall not be considered architectural and decorative
in nature. Any exterior stairway above the first floor shall be screened
and shielded from view.
j.
No more than twenty-five (25) percent of the building exterior may be
constructed of hardiplank, wood siding, or similar materials.
Roof Type
a.
Architectural Asphalt Shingles
b.
Standing Seam Copper
c.
Slate (or imitation slate)
d.
Clay Tile
Section 10.102i
A.
Urban Design Overlay District Nine – Old Hammond Highway
Purpose
This District is intended to strengthen the physical and economic character of the
neighborhood in the immediate vicinity of Old Hammond Highway from Airline Highway to
South Sherwood Forest Boulevard by mitigating or avoiding functional and architectural
incompatibility of buildings or uses through the provision of standards for development
activity within the Overlay District (District) as shown on the official zoning map of the
Parish and illustrated in Appendix G.
B. Applicability
The provisions of this section shall be applied to all development other than single family
residential dwellings meeting the criteria established in Section 10.102, including any
expansion, reconstruction, or exterior renovation.
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C.
Uses
1.
Only uses as shown in the table below shall be allowed:
A1
A2.1 A2.5 B B1 NO GOL NC
C1
CAB1
C2 CAB2
Residential Uses
Single Family
P
P1
P
P
P
P
P
P
1
Townhomes
P
P
P
P
P
P
P
Zero Lot Line Single
P
P1
P
P
P
P
Family
Assisted Living Facilities
P1
P3
P3
P
P
P
P
Public and Civic Uses
Governmental Buildings
and Facilities (no
P3
P3
P3
P3
P3
P3
P3
P3
P3
P3
outside storage)
Parks
P
P
P
P
P
P
P
P
P
P
Religious Institutions
C
P
P
P
P
P
P
Office Uses
Offices
P3
P3
P3
P3
P3
P3
P3
P3
Banks (no drive
P
C3
P
P3
P
P
P
P
through)
Medical Clinics (no
public hours after 9:00
P
P3
P
P3
P
P
P
P
p.m.)
Commercial Uses
Art Galleries
P3
P3
P3
P
P
P
P
Art Studios
P
P3
P3
P3
P
P
P
P
3
Dry Cleaners
P
P
P
P
P
Parking Facility (surface
P
P
P
P
P3
P
P
P
P
lots only)
Personal Service Shops
P
P3
P3
P
P
P
P
Restaurants (no drive
P3
P3
P
P
P
P
through)
Restaurants serving
P
P
alcohol
Restaurants, Specialty
P3
P3
P
P
P
P
3
3
3
3
Retail Sales
P
P
P
P
P3
Industrial Uses
Mini-Storage Facilities
(only allowed on Lots Y1-A, Y-2, Y-3-A, and YP
P
3-B provided that no
storage area doors face
Old Hammond Highway)
P – Permitted Use
C – Conditional Use
1
On property zoned B1 prior to December 14, 1982, or that had existing structures built
prior to December 14, 1982 on property zoned after December 14, 1982
2
Cannot exceed 50% of the floor area of the site.
3
Limited to 2,500 square feet per site.
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2.
The Planning Commission Staff shall certify the appropriateness of the proposed use
prior to issuance of building permits.
D. Building Placement
Buildings shall be located on the site to provide the following yards.
1. Front Yard (the yard facing Old Hammond Highway) -- 20 feet maximum
2. Interior Side Yard (not facing any street) – five feet
3. Rear Yard – 20 feet for all one story buildings
greater than one story
40 feet for all buildings
4. Corner Side Yard – 20 feet maximum.
E. Lighting
1. Lighting mounted on buildings or fences shall be no more than eight (8) feet above the
ground.
2. Pole lighting shall not exceed eighteen (18) feet in height.
3. All lighting shall be fully shielded and directed inward toward subject lot and away
from residential properties.
F.
Building Design
1. Height
Buildings may not be taller than twice the maximum height permitted on any adjacent
property.
2. Fenestration
On property adjacent to residentially used property, windows shall not be permitted
above the first story on the side of any building facing the residentially used property.
3. Materials
a. Building
Only brick, cast stone, cementitious siding, or natural or synthetic stucco shall be
permitted.
b. Roofing
If visible from ground level view of adjacent properties or public rights-of-way, roofs
shall be made of architectural asphalt shingles, standing seam copper, slate (or
imitation slate) or clay tile.
c. Awnings
Awnings shall be made of bronze, black, or copper metal or anodized aluminum.
d. Chimney Caps
Chimney caps shall be made of bronze, black, or copper metal or anodized
aluminum.
G.
Site Design
1. Parking
All parking areas must be located to the side or rear of buildings, except that no
parking areas may be located at a street corner. If located to the side of a building,
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parking areas shall comprise no more than 40 percent of the street frontage and shall
be screened from the right-of-way by a wall or plantings at least four feet in height.
2. Screening
a. Enclosures for all utility areas (refuse, service areas,mechanical equipment, exposed
storage areas, machinery, truck loading areas, utility buildings, and other similar
structures) shall be located outside of all required yards and behind the building
being served.
b. No roof-mounted utilities shall be permitted.
3. Signs
a. Types
Only the following types of signs shall be permitted:
i. Monument signs, one per street frontage
ii.Wall signs, one within five feet of each entrance to a building
b. Dimensions
i. Monument signs shall not exceed 32 square feet in area per face and eight feet
in height.
ii. Wall signs located at the primary entrance shall not exceed 32 square feet in
area.
iii. Wall signs located at any entrance other than the primary one shall not exceed
three square feet in area.
c. Miscellaneous Provisions
i. Signs may not flash, blink or fluctuate and may not be animated. Fluctuation is
defined as a variation in brightness and/or images that move quickly up and
down or side to side.
ii. Wall paintings and graphics, including, but not limited to, murals and airbrushed or paint sprayed signs, are not permitted.
d. Off Premise Signs
Off premise signs shall be prohibited.
e. Applicability
All signs shall be brought into compliance with these standards no later than July
1, 2015.
4. Fences and Walls
a. Front yards
i. Materials
Only brick, wood, wrought iron or other decorative metal may be used.
ii. Height
Fences may not be higher than four (4) feet in height unless they are
constructed to permit 50% visibility into the yard or are required for screening,
in which case they may be six (6) feet tall.
b. All other yards
Only fences or walls that are a minimum of six (6) feet in height and constructed of
wood or masonry, provided however, that no walls of exposed, unfinished, or
painted-only concrete block shall be erected.
c. Applicability
All fences and walls shall be brought into compliance with these standards no later
than July 1, 2015.
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Section 10.103
A.
Enforcement and Review
1.
New Construction
a.
2.
For new construction, Planning Commission
compliance prior to issuance of building permits.
staff
shall
certify
For existing structures, Planning Commission staff
compliance prior to issuance of Certificates of Occupancy.
shall
certify
Existing Development
a.
Section 10.103a
A.
Redevelopment Overlay Districts
Redevelopment Overlay District One – OldTown
Purpose
The Old Town Redevelopment Overlay District (Residential Uses Only) is intended to:
Recognize and validate the residential development styles that pre-date our Zoning
Ordinances;
Preserve our housing inventory in OldTown;
Encourage rehabilitation and rebuild of residences on our existing lots;
Encourage use of existing infrastructure;
Preserve the character and sense of place of the OldTown neighborhoods;
Provide for a more simple and cheaper approval process for permitting.
This Ordinance encourages infill development through the redevelopment of residential
properties within the confines of the overlay and to address problems related to
redevelopment in older neighborhoods. Most of these neighborhoods were developed
prior to or immediately following World War II, long before any zoning districts were
created. Most, if not all of these lots do not meet Unified Development Code lot and
yard requirements of the zoning district that they were adopted into, but were protected
by the grandfather status as long as they were not further subdivided.
B.
Applicability
1.
The Old Town Redevelopment Overlay District shall be applicable to lots of
record platted prior to 1941 located within the corporate city limit, as it existed
prior to the adoption of the Plan of Government in August 1947 and the areas
generally bordered by Dalrymple Drive, Chimes Street, and the Mississippi River
as indicated on the attached map.
2.
No subdivision of property shall be allowed on any lots within the overlay district
unless the subdivision request meets the requirements of the underlying zoning
district.
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C.
D.
E.
Lot and Yard Requirements
1.
Minimum front yard setback – eight (8) feet
2.
Minimum rear yard setback – ten (10) feet
3.
Minimum side yard setback – ten (10) percent of the lot width
4.
Minimum lot width –twenty (20) feet
5.
Minimum lot area –one thousand (1000) square feet
Parking
1.
One (1) space per unit.
2.
Off-street parking spaces may not be located in the required front yard setback.
3.
Parking waivers may be granted by the Planning Commission in situations
where the minimum parking requirement can not be met due to size, shape,
topographical constraints, or historical character of the neighborhood.
Exceptions
1.
Where on the effective date of this ordinance two (2) or more residential
structures, having an average front yard setback greater than eight (8) feet,
occupy fifty (50) percent or more of block face, the front yard setback shall be
the average of the then existing front yards. However, in no instance shall the
required front yard setback be greater than fifteen (15) feet.
2.
If a residential structure is destroyed or demolished and it did not have off street
parking, it may be rebuilt without having to meet the one (1) space per unit
parking requirement.
Multiple detached residential structures, which existed on a single lot of
recordprior to 1941, may be replaced or reconstructed.
3.
Section 10.104
Local Historic Overlay Districts
A. Enforcement and Review
1.
New Construction
a.
2.
staff
shall
certify
For existing structures, Planning Commission staff
compliance prior to issuance of Certificates of Occupancy.
shall
certify
Existing Development
a.
Section 10.104a
A.
For new construction, Planning Commission
compliance prior to issuance of building permits.
Local Historic Overlay District One – Drehr Place
Purpose
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April 2015
To provide guidelines for development activity in the designated area as shown in
Appendix G within the Drehr Place Local Historic District and to maintain, preserve,
and enhance the architectural character of the district.
B.
General Consideration
Provide and maintain proper site drainage so water does notdamage building walls and
foundations or cause mildew and rot.
C.
Building Site
1.
2.
3.
Alignment, Orientation, and Spacing
a.
Locate the structures within the range of alignments seen traditionally in
the area, maintaining traditional setbacks at the front, side, and rear of
the property.
b.
Building proportions should respect traditional patterns in the district.
c.
The primary building entrance should be oriented toward to the street.
d.
Preserve the original location of the main entry and walk.
e.
In neighborhoods with alleys, garages should be located at the rear of the
lot and accessed from the alley.
Fences, Walls and Gates
a.
Retain and preserve historic fences, gates and walls whenever possible.
Repair deteriorated components rather than replace them.
b.
Do not introduce new fences, gates, or walls in the front yard where
these elements are not traditionally found. Chain-link, board fences,
wire fences, and vinyl fences are inappropriate for front yards, but may
be used in rear yards.
c.
New fencing should reflect the character of the historic fences in height,
openness, materials, and finish.
d.
Fences in the front yard should be no more than four (4) feet in heights.
Fences may be higher and less open in the rear yard.
e.
Front yard fences should have some degree of openness and spacing of
slats so that the main structure is visible from the street. A view of the
building’s main architectural features should not be obstructed.
f.
In many instances, planted hedges may be more appropriate than new
fences or walls, especially in side yards.
Walks and Pavement
a.
Retain and preserve original sidewalk materials where they exist. The
majority of sidewalks are concrete.
Whenever reasonable, this
continuum should be respected. The protection of a major tree is a
possible reason for selecting a substitute material.
Chapter 10 – Supplementary Uses
10 -90
April 2015
4.
5.
D.
b.
The consistent width of sidewalks in the district shall be adhered to.
c.
New walkways should be compatible in location, pattern, spacing,
dimensions, materials, and color. New walkways should be straight and
perpendicular from the sidewalk to the main entrance.
d.
Historically appropriate paving materials should be used for parking
areas and driveways.
e.
Parking and parking pads in the front yard are inappropriate.
Landscaping
a.
The HPC must issue a COA for the removal of trees that measure 18
inches or greater diameter at breast height.
b.
Preserve the existing private tree stock as long as the trees are not
damaging a historic structure or are not becoming a public nuisance.
Lighting
a.
Retain and preserve exterior lighting fixtures that contribute to the
overall historic character of a building, site or district.
b.
Lighting fixtures should not detract from the overall historic character of
the building site, or streetscape.
Building Structural Systems
1.
Foundations
a.
E.
For alterations and additions, foundations and structural elements
should be consistent with the existing and should meet or exceed
requirements of the current building code.
For pier and beam
foundations, the design should provide for ventilation of crawl spaces.
For slab-on-grade foundations, care should be taken to avoid damaging
root systems of established trees.
Building Exterior Features
1.
Materials
a.
b.
c.
Original materials should be restored and reused whenever possible.
Where necessary, missing or deteriorated materials should be replaced
with recycled or new materials which match the original as closely as
possible with regard to: type of material, size of unit, color, shape,
composition, texture, style, type of joint, placement, and detailing.
Cleaning of existing materials should be done by the least damaging
method possible. Sandblasting is not an acceptable method for cleaning.
Architectural features such as cornices, brackets, window sills and
architraves, and doorway pediments shall not be removed or obscured
when resurfacing materials is applied.
Chapter 10 – Supplementary Uses
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April 2015
d.
2.
3.
4.
5.
Siding should be applied horizontally, and all wood siding should be
painted.
Roofs and Roofing
a.
The original roof form and architectural features of a historic structure
should be retained and preserved, including the slope, heights,
orientation to the street, dormer windows, cornices, brackets, and
chimneys.
b.
Preserve the character of the original roofing and its detail. Skylights
installed on a historic roof should be as unobtrusive as possible and not
visible from the public right-of-way. Flay skylights that blend with the
roof are most appropriate.
c.
Rooftop utilities should not be visible from the public right-of-way or
should be inconspicuously placed and screened. Utilities should be
placed so as not to damage or obscure historic elements.
Chimneys
a.
Visually prominent chimneys should be retained and preserved. Original
chimneys should not be removed from the structures.
b.
New chimneys should be constructed of compatible materials.
Doors
a.
Retain and preserve all original doors. When replacement is necessary,
the new door shall match the original as closely as possible in size,
configuration, style and material.
b.
Raw metal storm doors are not appropriate. Removable storm doors
should be utilized wherever possible. Aluminum storm doors should be
painted to match the trim.
c.
Retain and preserve the functional, proportional, and decorative features
of a primary entrance, including the door, its frame, sill, head, jamb,
moldings, and any flanking windows.
d.
Historic hardware, hinges, lockets, and knobs that are significant should
be preserved.
e.
Door trim should be similar in scale, proportion, finish, and character to
those used traditionally on the structure.
Windows
a.
Retain and preserve existing historic windows, including their functional
and decorative features, such as frames, sashes, muntins, sills, heads,
moldings, surrounds and hardware.
b.
Preserve original window locations. Original openings shall not be
altered or filled in on the front of homes.
Chapter 10 – Supplementary Uses
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April 2015
6.
7.
8.
c.
Repair rather than replace the functional and decorative features of
original window.
d.
If repair is not feasible, the window should be replaced to match the
original window in size, configuration, style and material. Metal clad or
vinyl clad window frames are generally unacceptable unless painted so
as to resemble the original closely. Raw metal storm windows that
obscure the original windows are unacceptable.
Shutters
a.
Original shutters shall be repaired, rather than replaced, whenever
possible. When replacement is necessary, the new shutters shall match
the original shutters as closely as possible in size, configuration, style
and material. Vinyl shutters are generally unacceptable, unless painted
to resemble the original closely.
b.
Shutters should only be used if they are appropriate for the style of the
house.
c.
Shutters do not need to be operable, but must be sized to maintain the
appearance of operability.
d.
Shutters should be used in the place of exterior security devices such as
bars or grilles.
Awnings
a.
Original awnings should be preserved and repaired.
b.
Original awnings that are missing or too deteriorated to repair should be
replaced to match the original awning as closely as possible in size,
configuration, style, and material.
c.
Awnings which were a latter addition to the home, and which conceal
other, finer, architectural elements with the home, may be removed.
d.
New awnings should be installed without damaging window trim or other
architectural fabric.
e.
Copper awnings are generally acceptable if it can be shown that they are
architecturally appropriate for the age and style of the home.
Porches and Steps
a.
Original porches and steps should be preserved.
b.
Deteriorated original porches and porch elements should be repaired or
replaced so that the character of the porch is not compromised. When
replacement is necessary, the new porch shall match the original as
closely as possible in size, configuration, style and material.
c.
Front porches should not be enclosed.
Chapter 10 – Supplementary Uses
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April 2015
9.
10.
d.
Side porches visible from the street may be glassed in, if the basic look
and structure of the porch is maintained.
e.
When replacement of steps is necessary, the new steps shall match the
original as closely as possible in size, configuration, style and material.
Replacement materials shall not depart from the original appearance of
the steps; i.e., brick or concrete masonry steps may not be replaced with
wood. In some instances, wood steps may be replaced with brick or
masonry, if the proposed change is in keeping with the overall style of the
house.
f.
Pre-cast concrete steps are unacceptable and shall not be installed in
thefront of any house.
Loggias, Porticos, and Arches
a.
Original loggias, porticos, and arches
maintained.
b.
If replacement is necessary, the new structure shall match the original as
closely as possible in size, configuration, style and material.
be
preserved
and
Balconies and Decks
a.
b.
c.
F.
should
Balconies and decks should be located on the rear, not on the front, of
the building. Front balconies or decks are appropriate only if recreating
a historic element.
Balconies should be integrated into the structure either by setting it into
the building or by incorporating it into the roof structure.
Balusters should be vertically placed not more than six (6) inches apart.
Solid plank railing shall not be permitted. Railing heights should not
exceed forty-two (42) inches. Screened or glass enclosed decks should be
avoided if visible from the right-of-way.
Exterior Ornamentation
Significant exterior architectural details should be preserved and maintained on historic
properties to sustain the district’s significance.
G.
Energyand Utility Considerations
1.
New mechanical systems should be installed so that is causes the least amount
of alteration to the building’s exterior facade, materials and site features.
2.
Mechanical equipment should be installed in the most inconspicuous area
avoiding installation on the street facade whenever possible or should be
screened from view.
3.
Mechanical equipment should not be in locations that compromise characterdefining roofs that are prominently visible from the street.
4.
Mechanical equipment attached to the side or roof of a building should be kept
as low as possible and covered or painted to blend with the background.
Chapter 10 – Supplementary Uses
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April 2015
5.
H.
I.
J.
Wall or window air conditioning units on the street facade should be avoided
whenever possible.
Secondary Buildings
1.
Retain and preserve garages and accessory buildings that contribute to the
overall historic character of the individual building site or the district.
2.
Retain and preserve character-defining materials, features, and architectural
details of historic garages and accessory buildings, including roofs, exterior
materials, windows, and doors.
ConnectionsBetween Buildings
1.
Connections between buildings should be as inconspicuous as possible and
such connections should be achieved by small hyphens or connectors.
2.
The connected buildings should continue to read as distinct and separate
entities.
New Construction
1.
Primary Buildings - New Construction
a.
New buildings should be compatible with surrounding buildings that
contribute to the overall character of the historic district in terms of
setback, orientation, spacing, distance from adjacent buildings, and the
proportion of built mass to open space on the individual site.
b.
New buildings should be compatible with surrounding buildings that
contribute to the overall character of the historic district in terms of
height, size, scale, massing, and proportions.
Materials should be similar in scale, proportion, texture, finish and color
to those found on nearby historic structures.
c.
2.
d.
A human scale should be maintained by avoiding large, featureless
surfaces by using traditional sized building components and materials.
e.
Spacing, placement, scale, orientation, proportion, size, and material of
windows and doors in new buildings should be compatible with the
surrounding buildings that contribute to the historic district.
f.
New structures should utilize a roof form found in the historic district.
g.
Porches should be compatible in massing and details to historic porches
in the district, and should be appropriate to the style of the house.
h.
Dormers should be secondary to the main roof. Oversized dormers are in
appropriate.
Primary Buildings - Additions
a.
New additions should be constructed so that there is the least possible
loss of historic fabric and so that character-defining features are not
destroyed, damaged, or obscured.
Chapter 10 – Supplementary Uses
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April 2015
3.
b.
An addition should be distinguished from the historic structure, but
should also maintain visual continuity.
c.
An addition should be subordinate to the historic building, limited in size
and scale so that it does not diminish or visually overpower the historic
structure.
d.
An addition should be compatible in mass, scale, materials, and color.
Columns, piers, and exposed structural elements should be compatible
with the original design in style, proportion, and materials.
e.
The overall character of the site, site topography, character-defining site
features and trees should be preserved.
f.
New additions should be on an inconspicuous elevation on the historic
building, generally in the rear of the historic building. Additions should
not obscure the historic facade of a building.
g.
Respect the established orientation of the original building and typical
alignments in the area.
h.
Rooflines of additions should be lower and secondary to the roofline of
the original building.
i.
Existing roof form, pitch, eave depth, and materials should be used on all
additions.
j.
Maintain the proposition, general style, and symmetry or asymmetry of
the existing window patterns.
k.
Materials and construction of windows should be similar to historic
windows.
l.
Slab-on-grade additions are prohibited, unless the existing structure is
also slab-on-grade.
m.
If the existing house has exposed rafter ends, any addition should also
have exposed rafter ends.
Site Plans
a.
4.
New buildings should conform to the guidelines for site design under
“Residential Buildings-Building Site”.
Secondary Buildings
a.
New secondary buildings should be located at the rear of the lot,
respecting the traditional relationship of such buildings to the primary
structure and the site.
b.
New secondary buildings should take design cues from the primary
structure on the site, but should be subordinate to it in terms of
massing and size.
Chapter 10 – Supplementary Uses
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April 2015
c.
Roof form and pitch should be complimentary to the primary structure.
d.
Materials for new secondary buildings should be compatible with those
found on the primary structure and in the district.
e.
Two story secondary buildings are not permitted if the primary building
is only one story. This includes, but is not limited to garages, carports,
workshops, storage sheds, boat houses, and playhouses.
Section 10.104b
A.
Local Historic Overlay District Two – SpanishTown
Purpose
To provide guidelines for development activity in the designated area as shown in
Appendix G within the Spanish Town Local Historic District and to maintain, preserve,
and enhance the architectural character of the district.
B.
General Considerationprovide and maintain proper site drainage so water does not
damage building walls and foundations or cause mildew and rot. Roof
and
site
drainage must be directed away from adjacent properties.
C.
Notwithstanding the use restrictions required by the underlying zoning district, the
following uses shall be permissible on all properties within the Spanish Town Local
Historic District:
D.
1.
Single family dwellings
2.
Two-family dwellings
Building Site
1.
2.
Alignment, Orientation, and Spacing
a.
Notwithstanding the requirements of the underlying zoning district,
required front and side yard setbacks of any structure shall be the
average front and side yard setbacks, plus or minus two feet, of all
structures of a similar use on the same block face.
b.
Building proportions should respect traditional patterns in the district.
c.
Preserve the original location of the main entry and walk.
Fences, Walls and Gates
a.
Retain and preserve historic fences, gates and walls whenever possible.
Repair deteriorated components rather than replace them.
b.
Do not introduce new fences, gates, or walls in the front yard where
these elements are not traditionally found. Chain-link, board fences,
wire fences, and vinyl fences are inappropriate for front yards, but may
be used in rear yards.
c.
New fencing should reflect the character of the historic fences in height,
openness, materials, and finish.
Chapter 10 – Supplementary Uses
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April 2015
3.
4.
d.
Fences in the front yard should be no more than four (4) feet in heights.
Fences may be higher and less open in the rear yard.
e.
Front yard fences should have some degree of openness and spacing of
slats so that the main structure is visible from the street. A view of the
building’s main architectural features should not be obstructed.
f.
In many instances, planted hedges may be more appropriate than new
fences or walls, especially in side yards.
Walks and Pavement
a.
Retain and preserve original sidewalk materials where they exist. The
majority of sidewalks in SpanishTown were concrete. Whenever
reasonable, this continuum should be respected. The protection of a
major tree is a possible reason for selecting a substitute material.
b.
The consistent width of sidewalks in the district shall be adhered to.
c.
New walkways should be compatible in location, pattern, spacing,
dimensions, materials, and color. New walkways should be straight and
perpendicular from the sidewalk to the main entrance.
d.
Historically appropriate paving materials should be used for parking
areas and driveways.
Landscaping
a.
b.
5.
The HPC must issue a COA for the removal of trees that measure
eighteen (18) inches or greater diameter at breast height.
Preserve the existing private tree stock as long as the trees are not
damaging a historic structure or are not becoming a public nuisance or
safety hazard.
Lighting
a.
D.
Retain and preserve exterior lighting fixtures that contribute to the
overall historic character of a building, site or district.
Building Structural Systems
1.
Foundations
a.
E.
For alterations and additions, foundations and structural elements
should be consistent with the existing and should meet or exceed
requirements of the current building code.
For pier and beam
foundations, the design should provide for ventilation of crawl spaces.
For slab-on-grade foundations, care should be taken to avoid damaging
root systems of established trees.
Building Exterior Features
1.
Materials
a.
Original materials should be restored and reused whenever possible.
Where necessary, missing or deteriorated materials should be replaced
Chapter 10 – Supplementary Uses
10 -98
April 2015
with recycled or new materials which match the original as closely as
possible with regard to: type of material, size of unit, color, shape,
composition, texture, style, type of joint, placement, and detailing.
b.
Cleaning of existing materials should be done by the least damaging
method possible. Sandblasting is not an acceptable method for cleaning.
c.
Architectural features such as cornices, brackets, window sills and
architraves, and doorway pediments shall not be removed or obscured
when resurfacing materials is applied.
d.
Siding should be applied horizontally, and all wood siding should be
painted or stained.
2. Roofs and Roofing
a.
The original roof form and architectural features of a historic structure
should be retained and preserved, including the slope, heights,
orientation to the street, dormer windows, cornices, brackets, and
chimneys.
b.
Preserve the character of the original roofing and its detail. Skylights
installed on a historic roof should be as unobtrusive as possible and not
visible from the public right-of-way. Flay skylights that blend with the
roof are most appropriate.
c.
Rooftop utilities should not be visible from the public right-of-way or
should be inconspicuously placed and screened. Utilities should be
placed so as not to damage or obscure historic elements.
3. Chimneys
a.
Visually prominent chimneys should be retained and preserved. Original
chimneys should not be removed from the structures.
b.
New chimneys that are visible from the public right-of-way should be
constructed of compatible materials.
4. Doors
a.
Retain and preserve all original doors. When replacement is necessary,
the new door shall match the original as closely as possible in size,
configuration, style, and material.
b.
Raw metal storm doors are not appropriate. Removable storm doors
should be utilized wherever possible. Aluminum storm doors should be
painted to match the trim.
c.
Retain and preserve the functional, proportional, and decorative features
of a primary entrance, including the door, its frame, sill, head, jamb,
moldings, and any flanking windows.
d.
Historic hardware, hinges, lockets, and knobs that are significant should
be preserved.
Chapter 10 – Supplementary Uses
10 -99
April 2015
5.
6.
7.
8.
e.
Door trim should be similar in scale, proportion, finish, and character to
those used traditionally on the structure.
f.
Original door openings should not be reduced or enlarged in size.
Windows
a.
Retain and preserve existing historic windows, including their functional
and decorative features, such as frames, sashes, muntins, sills, heads,
moldings, surrounds and hardware.
b.
Original openings shall not be altered or filled in on the front of homes.
c.
Repair rather than replace the functional and decorative features of
original window.
d.
If repair is not feasible, the window should be replaced to match the
original window in size, configuration, style and material. Metal clad or
vinyl clad window frames are generally unacceptable unless painted so
as to resemble the original closely. Raw metal storm windows that
obscure the original windows are unacceptable on facades visible from
the public right-of-way.
Shutters
a.
Original shutters shall be repaired, rather than replaced, whenever
possible. When replacement is necessary, the new shutters shall match
the original shutters as closely as possible in size, configuration, style
and material. Vinyl shutters are generally unacceptable, unless painted
to resemble the original closely.
b.
Shutters should only be used if they are appropriate for the style of the
house.
c.
Shutters do not need to be operable, but must be sized to maintain the
appearance of operability.
Awnings
a.
Original awnings should be preserved and repaired.
b.
Original awnings that are missing or too deteriorated to repair should be
replaced to match the original awning as closely as possible in size,
configuration, style, and material.
c.
Awnings which were a latter addition to the home, and which conceal
other, finer, architectural elements with the home may be removed.
d.
New awnings should be installed without damaging window trim or other
architectural fabric.
e.
Copper awnings are generally acceptable if it can be shown that they are
architecturally appropriate for the age and style of the home.
Porches and Steps
Chapter 10 – Supplementary Uses
10 -100
April 2015
9.
a.
Original porches and steps should be preserved.
b.
Deteriorated original porches and porch elements (including columns,
piers, and posts) should be repaired or replaced so that the character of
the porch is not compromised. When replacement is necessary, the new
porch shall match the original as closely as possible in size,
configuration, style, and material.
c.
Front porches should not be permanently enclosed, however screening is
an acceptable and historically appropriate treatment.
d.
Side porches visible from the street may be glassed in, if the basic look
and structure of the porch is maintained.
e.
When replacement of steps is necessary, the new steps shall match the
original as closely as possible in size, configuration, style and material.
Replacement materials shall not depart from the original appearance of
the steps; i.e., brick or concrete masonry steps may not be replaced with
wood. In some instances, wood steps may be replaced with brick, castin-place concrete, or masonry, if the proposed change is in keeping with
the overall style of the house.
f.
Pre-cast concrete steps are unacceptable and shall not be installed in the
front of any house.
Loggias, Porticos, and Arches
a.
10.
F.
Original loggias, porticos, and arches should be preserved and
maintained. If replacement is necessary, the new structure shall match
the original as closely as possible in size, configuration, style and
material.
Balconies and Decks
a.
Balconies and decks should be located on the rear, not on the front, of
the building. Front balconies or decks are appropriate only if recreating
a historic element.
b.
Balconies should be integrated into the structure either by setting it into
the building or by incorporating it into the roof structure.
c.
Balusters should be vertically placed not more than six (6) inches apart.
Solid plank railing shall not be permitted. Railing heights should not
exceed forty-two (42) inches. Screened or glass enclosed decks should be
avoided if visible from the right-of-way.
Exterior Ornamentation
Significant exterior architectural details should be preserved and maintained on historic
properties to sustain the district’s significance.
G.
Energyand UtilityConsiderations
Chapter 10 – Supplementary Uses
10 -101
April 2015
H.
I.
J.
1.
New mechanical systems should be installed so that it causes the least amount
of alteration to the building’s exterior facade, materials and site features.
2.
Mechanical equipment should be installed in the most inconspicuous area
avoiding installation on the street facade whenever possible or should be
screened from view.
3.
Mechanical equipment should not be in locations that compromise characterdefining roofs that are prominently visible from the street.
4.
Mechanical equipment attached to the side or roof of a building should be kept
as low as possible and covered or painted to blend with the background.
5.
Wall or window air conditioning units on the street facade should be avoided.
Secondary Buildings
1.
Retain and preserve garages and accessory buildings built prior to 1948 that
contribute to the overall historic character of the individual building site or the
district.
2.
Retain and preserve character-defining materials, features, and architectural
details of historic garages and accessory buildings, including roofs, exterior
materials, windows, and doors.
ConnectionsBetween Buildings
1.
Connections between buildings should be as inconspicuous as possible and
such connections should be achieved by small hyphens or connectors.
2.
The connected buildings should continue to read as distinct and separate
entities.
New Construction
1.
Primary Buildings - New Construction
a.
New buildings should be compatible with surrounding buildings that
contribute to the overall character of the historic district in terms of
setback, orientation, spacing, distance from adjacent buildings, and the
proportion of built mass to open space on the individual site.
b.
New buildings should be compatible with surrounding buildings that
contribute to the overall character of the historic district in terms of
height, size, scale, massing, and proportions.
c.
Materials should be similar in scale, proportion, texture, finish and color
to those found on nearby historic structures.
d.
A human scale should be maintained by avoiding large, featureless
surfaces by using traditional sized building components and materials.
e.
Spacing, placement, scale, orientation, proportion, size, and material of
windows and doors in new buildings should be compatible with the
surrounding buildings that contribute to the historic district.
Chapter 10 – Supplementary Uses
10 -102
April 2015
2.
f.
New structures should utilize a roof form found in the historic district.
g.
Porches should be compatible in massing and details to historic porches
in the district, and should be appropriate to the style of the house.
h.
Dormers should be secondary to the main roof. Oversized dormers are
inappropriate.
Primary Buildings - Additions
a.
New additions should be constructed so that there is the least possible
loss of historic fabric and so that character-defining features are not
destroyed, damaged, or obscured.
b.
An addition should be distinguished from the historic structure, but
should also maintain visual continuity.
c.
An addition should be subordinate to the historic building, limited in size
and scale so that it does not diminish or visually overpower the historic
structure.
d.
An addition should be compatible in mass, scale, materials, and color.
Columns, piers, and exposed structural elements should be compatible
with the original design in style, proportion, and materials.
The overall character of the site, site topography, character-defining site
features and trees should be preserved.
e.
3.
f.
New additions should be on an inconspicuous elevation on the historic
building, generally in the rear of the historic building. Additions should
not obscure the historic facade of a building.
g.
Respect the established orientation of the original building and typical
alignments in the area.
h.
Rooflines of additions should be lower and secondary to the roofline of
the original building.
i.
Existing roof form, pitch, eave depth, and materials should be used on all
additions.
j.
Maintain the proportion, general style, and symmetry or asymmetry of
the existing window patterns.
k.
Materials and construction of windows should be similar to historic
windows.
l.
Slab-on-grade additions are prohibited, unless the existing structure is
also slab-on-grade.
m.
If the existing house has exposed rafter ends, any addition should also
have exposed rafter ends.
Site Plans
Chapter 10 – Supplementary Uses
10 -103
April 2015
New buildings should conform to the guidelines for site design under
“Residential Buildings-Building Site”.
4.
Secondary Buildings
a.
b.
New secondary buildings should be located at the rear of the lot,
respecting the traditional relationship of such buildings to the primary
structure and the site.
New secondary buildings should take design cues from the primary
structure on the site, but should be subordinate to it in terms of massing
and size.
c.
Roof form and pitch should be complimentary to the primary structure.
d.
Materials for new secondary buildings should be compatible with those
found on the primary structure and in the district.
e.
Two story secondary buildings are not permitted if the primary building
is only one story. This includes, but is not limited to garages, carports,
workshops, storage sheds, boat houses, and playhouses.
Chapter 10 – Supplementary Uses
10 -104
April 2015
Section 10.105 Design Standards
A. Purpose and Intent
To provide a range of development standards that promote and encourage consistency in
the quality of design throughout the Parish, the comprehensive plan includes a map that
divides the City and Parish into five design areas: Downtown, Urban, Walkable, Suburban
and Rural, with different design standards assigned to each area. Each of these areas is
further described as follows:
1. Downtown
The Downtown area represents
the historic core of the City of
Baton Rouge that is developed with
the highest intensity uses in the
parish as well as the older
neighborhoods immediately adjacent
to it. It includes pedestrian-oriented
and bikeable areas within downtown
or other pedestrian-oriented areas
with similar densities as downtown.
2. Urban Areas
Urban areas represent the small lot
residential
neighborhoods
that
largely developed within the city
limits of Baton Rouge prior to 1949
and the commercial areas that serve
these neighborhoods. They include
pedestrian-oriented and bikeable
areas with transit service that have
lower
planned
density
than
downtown
Baton Rouge.
3. Walkable Areas
Walkable areas are those areas
designated as Regional Centers and
Town Centers in the comprehensive
plan, as well as areas along major
arterials. While currently largely auto
oriented, they have a high potential
for walkability and bicycling and
transit service.
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4. Suburban Areas
Suburban areas include much of the
large-lot residential development of
the parish, which are predominantly
auto-oriented
with
limited
opportunities for pedestrian activity.
Suburban areas have the potential
for enhanced pedestrian commercial
areas, and sidewalks that connect to
schools, public facilities and those
commercial areas.
5. Rural Areas
Rural areas are located in outlying
parts of the parish that are not likely
to be developed or redeveloped in the
near-term. These areas typically have
streets that are not curbed or
guttered and large acreage lots that
may be used for agricultural
purposes.
B. Effective Date
These provisions shall be effective as of the date the official zoning map is amended to
reflect the placement of any design level or any portion of a design level on the map within
the area so designated.
C. Applicability
The design standards of this Chapter, as detailed in the Applicability Table (Table 1) shall
apply to all those developments, including planned developments, meeting any of the
following categories, except that agricultural uses and industrial areas (as designated by
the Plan of Government) shall be exempt:
1. Residential
A.
Building a structure that contains five or more dwelling units.
B.
Developing a parking lot that contains 6 or more spaces.
2. Non-residential
A.
Building a structure of greater than one thousand gross square feet.
B.
Converting a residential structure to non-residential use.
C.
Developing a parking lot that contains 6 or more spaces.
3. Expansions / Renovations
The expansion/renovation of existing buildings or site development shall be based on
the following Expansion Applicability Table.
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TABLE 1: EXPANSION OF MULTI-FAMILY AND NONRESIDENTIAL
USESAPPLICABILITY TABLE
Use
Multi-family
expansion of
10% of the
number of units
or 10 units,
whichever is
less.
Site Plan
Required
Building
Design
Standards
Yes
Yes,
applied to
new units
with
exterior
walls
Fencing
and
Screening
Parking
Pedestrian
and
and Bicycle
TransportAmenities
ation
Yes
Yes
Yes
Yes
Yes,
applied to
the
additional
parking
required for
the new
floor area
Yes
Yes
Yes,
applied to
the
expanded
impervious
area
attributable
to the new
floor area
Yes
Yes
Yes
NA
Yes
applied to
the
additional
parking
spaces
Yes
applied to
the
additional
parking
spaces
Yes
Yes,
applied to
new floor
area with
exterior
walls
Reconstruction
after any
voluntary
demolition of all
or more than 50
percent of all
improvements on
a site.
Yes
Yes
Yes
Yes
N/A
Yes
applied to
the
additional
parking
spaces
Yes
applied to
the
additional
parking
spaces
Yes
Landscape
Yes,
applied to
the
additional
parking
required for
the new
units
Cumulative nonresidential
expansion of a
building by more
than 2,500 square
feet or 40% of
the original
building's square
footage.
Parking lot
expansion
(excluding restriping) of six
spaces or more.
Signs and
Lighting
Yes
D. Approval Authority and Requirements
1. Approval Authority
a. All projects that are smaller than 50,000square feet in gross square footage, or less
than 100 residential units may be approved by the Planning Director, unless the
project proposes to utilize an alternative development plan.
b. All not described above require approval by the Planning Commission.
c. For purposes of determining these thresholds, a contiguous development under
common ownership shall be considered one development site and shall not be
partitioned into smaller sites for planning approval processes.
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2. A simplified site plan prepared by a licensed professional and reflecting the
requirements for development in the appropriate design level shall be required for all
projects that do not meet the thresholds for a site as established in Chapter 4, Permits
and Final Plat Approval.
3. Alternative Development Plan
An alternative development plan provides the option to address the design standards
through a flexible discretionary process if site constraints do not permit full compliance
with the standards. Alternative development plans require review and approval by the
Planning Commission, and if approved, the Planning Commission must find that the
alternative development plan meets or exceeds the objectives of the design standards
and/or any adopted small area plans. The following criteria shall be used to approve or
deny an alternative development plan:
a. The proposal improves pedestrian and vehicular connectivity.
b. The proposal ensures that infrastructure is capable of accommodating the
development prior to the development occurring.
c. The proposal results in a quality development that overall is in line with the intent of
the design standards in this section.
d. The proposal is consistent with the vision of any applicable adopted plans.
4. Approval Timeframes
a. Site plans requiring approval by the Planning Director shall be acted on within 60
calendar days of acceptance of a complete applicant submission to the City-Parish,
unless an applicant requests additional time. Time required for an applicant to
address issues or problems shall not be included within the 60 day timeframe
required for staff action. If no action is taken within 60 days of an accepted
submission, the plan shall be deemed approved.
b. Site plans requiring Planning Commission review shall be acted on within 120 days
of an applicant providing a completed and accepted submittal to the City-Parish,
unless an applicant requests additional time. Time required for an applicant to
address issues or problems shall not be included within the 120 day timeframe
required for Planning Commission action. If no action is taken within 120 days, the
site plan shall be deemed approved as submitted.
Section 10.105a
Standards Applicable in All Levels
The following standards shall be applicable in all design levels.
A. Driveways
1. Every platted lot shall be permitted at least one driveway onto each street maintained
by the Parish on which the lot abuts.
2. The Director of Public Works may alter any of the standards described below, if in the
opinion of the Director, the alteration is in the best interest of public safety.
a. Dimensions
Maximum driveway dimensions are described below in Table 3.
Table 3: DRIVEWAY DESIGN STANDARDS
Land Use Driveway Width1 in Feet Minimum Maximum Multifamily Chapter 10 – Supplementary Uses
24
30
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Driveway Curb Radius in Feet Minimum Maximum 15
30
April 2015
Office and Retail 24
30
15
30
Service Stations 24
40
15
30
Industrial 30
45
25
50
Commercial One‐Way Drives 20
25
15
30
Divided Drives: Multifamily, 20 25 15 40 Office or Retail NOTES:
1. Measured at the point where the curb return radii end perpendicular to the street
curb or edge of pavement.
b. Number and Spacing
The maximum number of driveways allowed per platted lot, unless additional driveways are
required by the Fire Department, and the minimum spacing required between driveways on the
same platted lot and from an existing driveway on an adjacent lot are specified below in Table
4.
Table 4: MAXIMUM NUMBER OF DRIVEWAYSAND MINIMUM SPACING BETWEEN DRIVEWAYS Land Use Multi‐family, commercial or industrial on a collector street Multi‐family, commercial or industrial on an arterial street Frontage (feet) Less than 200 200 to 300 More than 300 Less than 500 500 to 1,000 More than 1,000 Maximum Number of Driveways Minimum Spacing Between Driveways on Same Lot (feet) Minimum Spacing to Existing Driveway on Adjacent Lot (feet) N/A
75
50
50
100 50 N/A
250
100
100
250 100 1
2
1 per 150 ft of
frontage 1
2
1 per 500 ft of
frontage c. Corner Clearances
Required corner clearances shall be as shown in Table 5, however, each platted lot
shall be allowed at least one driveway onto a street maintained by the Parish,
regardless of the standards below.
Table 5: MINIMUM CORNER CLEARANCES BETWEEN DRIVEWAY & INTERSECTION Type of Street Driveway Enters Arterial Collector Type of Intersecting Street Minimum Corner Clearance (in feet) Approach Side of Departure Side of Intersection Intersection Arterial Collector Local Arterial Collector Chapter 10 – Supplementary Uses
150
100
50
100
70
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100 70 30 70 50 April 2015
Local Local Arterial Collector Local 40
50
40
30
30 30 30 30 Section 10.105b
Downtown Design Standards
The downtown area represents the historic core of the City of Baton Rouge that is developed
with the highest intensity uses in the parish as well as the older neighborhoods immediately
adjacent to it. It includes pedestrian-oriented and bikeable areas within downtown or other
pedestrian-oriented areas with similar densities as downtown.
A. Building Placement
1. Primary Frontage
A minimum of 75% of the primary street frontage
for any development shall have buildings within
10 feet of the front property line with the principal
entrance oriented to that frontage. When site
constraints preclude strict compliance with this
requirement, the building line shall be measured
one foot behind the line created by that
constraint. On a corner lot or a lot with frontages
on multiple streets, the Planning Director shall determine the primary street frontage
considering the following:
a. The street classification of all streets;
b. The prevailing orientation of other buildings in the area;
c. The length of the block face on which the building is located; and,
d. The location of any alley.
2. All Other Frontages
A minimum of 50% of the side and rear street frontages shall have buildings or walls or
hedges, at least four feet in height, within 10 feet of the respective property line.
B. Building Design
1.
Primary Frontage
To provide visual connection between activities inside
and outside the building, 50% of the building
façadebetween two and 10 feet in height, as measured
from the adjacent sidewalk, shall be made of windows or
doors that are transparent, the bottom of which may not
be more than four feet above the adjacent sidewalk.
Windows shall not be mirrored or have glass tinted
darker than 40% in order to meet this requirement.
2. All Other Building Frontages
All other street-facing facades, other than those facing an alley, shall comply with either
of the standards listed below.
a.
b. Meet the primary frontage requirement above; or,
c. Have at least five of the following elements incorporated into the street-facing
facade:
I.
Masonry (except for flat, non-decorative concrete block);
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II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
Concrete or masonry plinth at the base of the wall;
Belt courses of a different texture and color;
Projecting cornice;
Decorative tile work;
Medallions;
Opaque or translucent glass;
Artwork or wall graphics;
Lighting fixtures;
Green walls; or,
Architectural elements not listed above, if approved.
3. Building Orientation
Buildings shall have their primary entrance facing the primary street. The primary
entrance shall be readily apparent as a prominent architectural component and visible
from the street.
C. Site Design
1. Parking Areas
a. Surface Parking
All off-street surface parking shall be located to the side or rear of the primary
building and shall be screened from the sidewalk by a wall or plantings between two
and four feet in height. Parking areas shall comprise 40% or less of the street
frontage for the lot or tract and, on corner lots, may not be located at the street
corner.
b. Structured Parking
i.
ii.
Parking structure facades. Parking structure facades along street frontages
shall complement and be integrated into the design of the principal building.
Parking structure ground floor uses. Active uses shall be required on 30% of
the ground floor frontage of parking structures facing the street. Ground-story
spaces should be flexible enough to accommodate a variety of uses.
2. Pedestrian ways
a. No sidewalk waivers shall be granted.
b. Pedestrian amenities such as benches, trash receptacles, galleries, arcades,
awnings, and outdoor seating may be allowed in the right-of-way subject to approval
by the Public Works Director.
3.
Screening
All
utility
areas
(refuse,
service
areas,mechanical equipment, exposed storage
areas, machinery, truck loading areas, utility
buildings, and other similar structures) shall be
incorporated as part of the building and shall be
visually
integrated
with
the
building
architecture. If located on the roof, mechanical
equipment shall be screened from view of these
areas at ground level using materials compatible
with the building façade.
4. Signs
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a. Permanent signage
i.
Types
Only the following types of signage shall be allowed:
ii.
(a)
Awning signs;
(b)
Marquee signs;
(c)
Projecting signs;
(d)
Roof signs;
(e)
Suspended signs; and,
(f)
Wall signs
Size
(a)
Signs with their lowest point no higher than 20 feet above the ground shall
be no more than one square foot of building sign per linear foot of building
along primary street frontage.
(b)
Signs with their lowest point higher than 20 feet above grade may be as
large as 10% of the total area of the building face on which they are
located, provided that they do not block any windows or other openings of
the building.
b. Temporary signage
A-frame sandwich board signs may be six square feet per sign face in area. A
maximum of one such sign per entrance on the public street frontage in which the
business advertised is located shall be allowed during business hours provided that
they are brought inside at closing and are not placed to block Americans with
Disabilities Act access.
5.
Lighting
a. Placement
All lighting shall be building mounted at a maximum height of 12 feet with the
exception of poles/structures in parking areas, plazas and public spaces. Polemounted lights shall be no taller than the heights listed below:
a. 15 feet, for non-directional lighting
ii.
30 feet, for directional (or full cut-off) lighting
b. Shielding
Light shall be shielded from adjacent properties to ensure that no more than five
foot candles, as measured on a lighting plan, extend across the property line.
c. Access Lighting
All pedestrian access points shall be provided with building-mounted lighting and
shall be visible from off site.
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6. Fences and Walls
A. Materials
Fences and walls, other than those required for screening, shall be constructed of
wood, decorative metal, or masonry (other than unfinished or painted concrete
block). The structural support members of wooden perimeter fences shall be located
on the interior of the fence and shall not be visible from adjacent properties.
B. Height
Fences located in front yards may not be higher than four feet in height unless they
are constructed to permit 50% visibility into the yard or are required for screening.
Section 10.105c
Urban Design Standards
Urban areas represent the small lot residential neighborhoods that largely developed within the
city limits of Baton Rouge prior to 1949 and the commercial areas that serve these
neighborhoods. They include pedestrian-oriented and bikeable areas with transit service that
have lower planned density than downtown Baton Rouge.
A.
Building Placement
1. Primary Frontage
A minimum of 50% of the primary street
frontage for each development shall have
buildings within 10 feet of the front
property line with the principal entrance
located on that frontage. When site
constraints preclude strict compliance with
this requirement, the building line shall be
measured one foot behind the line created
by that constraint. On a corner lot or a lot
with frontages on multiple streets, the
Planning Director shall determine the
primary street frontage considering the
following:
a. The street classification of all streets;
b. The prevailing orientation of other buildings in the area;
c. The length of the block face on which the building is located; and,
The location of any alley.
d. The location of any alley.
2. All Other Frontages
A minimum of 50% of the side and rear street frontages shall have buildings or walls or
hedges, at least four feet in height, within 10 feet of the respective property line.
B.
Building Design
1. Primary Frontage
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To provide visual connection between activities inside
and outside the building, 50% of the building
façadebetween two and 10 feet in height, as measured
from the adjacent sidewalk, shall be made of windows or
doors that are transparent, the bottom of which may not
be more than four feet above the adjacent sidewalk.
Windows shall not be mirrored or have glass tinted
darker than 40% in order to meet this requirement.
2. All Other Building Frontages
All other street-facing facades, other than those facing an alley, shall comply with either
of the standards listed below.
a. Thirty percent (30%) of the building façade between two and 10 feet in height shall
be made of windows or doors that are transparent, the bottom of which may not be
more than four feet above the adjacent sidewalk. Windows shall not be mirrored or
have glass tinted darker than 40% in order to meet this requirement.
b. Have at least five of the following elements incorporated into the street-facing
facade:
i.
ii.
Masonry (except for flat, non-decorative concrete block);
Concrete or masonry plinth at the base of the wall;
iii.
Belt courses of a different texture and color;
iv.
Projecting cornice;
v.
Decorative tile work;
vi.
vii.
viii.
Medallions;
Opaque or translucent glass;
Artwork or wall graphics;
ix.
Lighting fixtures;
x.
Green walls; or,
xi.
Architectural elements not listed above, if approved.
3. Building Orientation
Buildings shall have their primary entrance facing the primary street. The primary
entrance shall be readily apparent as a prominent architectural component and visible
from the street.
C.
Site Design
1. Parking Areas
a. Surface Parking
All off-street surface parking shall be located to the side or rear of the primary
building and shall be screened from the sidewalk by a wall or plantings between two
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April 2015
and four feet in height. Parking areas shall comprise 40% or less of the street
frontage for the lot or tract and, on corner lots, may not be located at the corner.
b. Structured Parking
i.
Parking structure facades. Parking structure facades along street frontages
shall complement and be integrated into the design of the principal building.
ii.
Parking structure ground floor uses. Active uses shall be required on 30% of
the ground floor frontage of parking structures facing the street.
2. Pedestrian ways
a. Where a sidewalk(s), multi-use path(s), or public transportation stop exists on the
perimeter of a lot, a designated pedestrian access way shall connect the sidewalk,
path or transportation stop to the primary entrance of the building. Pedestrian
paths to buildings through parking lots shall be a minimum of 8-feet wide and
clearly marked with paint, paving material, or other physical identification.
b. No sidewalk waivers shall be granted.
c. Pedestrian amenities such as benches, trash receptacles, galleries, arcades,
awnings, and outdoor seating may be allowed in the right-of-way subject to approval
by the Public Works Director.
2. Screening
a. Loading docks shall be fully screened from the
street or from adjacent residential property
with screening that is a minimum of eight feet
in height and complementary to the principal
building architecture.
b. Mechanical equipment and dumpsters
shall be screened from view of all street
frontages and adjacent properties
with
materials the same or a complimentary color
and/or style as the building. If located on
the roof, mechanical equipment shall be
screened from view of these areas at ground
level using the same color and/or a style
compatible with the building façade.
3. Signs
a. Permanent signage
i.
Types
Only the following types of signage shall be allowed:
(a)
(b)
(c)
(d)
(e)
(f)
Awning signs;
Marquee signs;
Monument signs;
Projecting signs;
Roof signs;
Suspended signs; and,
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April 2015
(g)
ii.
Wall signs.
Size
(a)
Monument signs shall be limited to a maximum of five feet in height.
(b)
All other signs shall be no more than one square foot of building sign per
linear foot of building along primary street frontage provided that their
lowest point is no higher than 20 feet above the ground.
(c)
Signs with their lowest point higher than 20 feet above grade may be as
large as 10% of the total area of the building face on which they are
located, provided that they do not block any windows or other openings of
the building.
b. Temporary signage
A-frame sandwich board signs may be six square feet per sign face in area. A
maximum of one such sign per entrance on the public street frontage in which the
business advertised is located shall be allowed during business hours provided that
they are brought inside at closing and are not placed to block Americans with
Disabilities Act access.
4. Lighting
a. Height
Light fixtures shall no taller than the heights listed below:
i.
ii.
15 feet, for non-directional lighting
30 feet, for directional (or full cut-off) lighting
b. Shielding
Light shall be shielded from adjacent properties to ensure that no more than 0.5
foot candles, as measured on a lighting plan, extend across the property line of
adjacent residentially zoned properties and no more than five foot candles, as
measured on a lighting plan, extend across the property line of all other adjacent
properties.
c. Pedestrian Lighting.
Pedestrian lighting (free-standing or wall-mounted) shall be provided at one light for
every 75 feet of street frontage or per an approved Pedestrian Lighting Plan.
5. Fences and Walls
a. Materials
Fences and walls, other than those required for screening, shall be constructed of
wood, decorative metal, or masonry (other than unfinished or painted concrete
block). The structural support members of wooden perimeter fences shall be located
on the interior of the fence and shall not be visible from adjacent properties.
b. Height
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April 2015
Fences located in front yards may not be higher than four feet in height unless they
are constructed to permit 50% visibility into the yard or are required for screening.
6. Pedestrian Amenities
Pedestrian amenities such as benches, trash receptacles, galleries, arcades, awnings,
and outdoor seating may be allowed in the right-of-way subject to approval by the
Public Works Director.
Section 10.105d
Walkable Design Standards
Walkable areas are those areas designated as Regional Centers and Town Centers in the
comprehensive plan, as well as areas along major arterials. While currently largely auto
oriented, they have a high potential for walkability and bicycling and transit service.
A. Building Placement
A minimum of 50% of the primary street frontage
for any development shall have buildings within
60 feet of the front property line with the principal
entrance located on that frontage. When site
constraints preclude strict compliance with this
requirement, the building line shall be measured
one foot behind the line created by that constraint.
On a corner lot or a lot with frontages on multiple
streets, the Planning Director shall determine the
primary street frontage considering the following:
1.
2.
3.
4.
The
The
The
The
street classification of all streets;
prevailing orientation of other buildings in the area;
length of the block face on which the building is located; and,
location of any alley.
B. Building Design
1. Primary Frontage
To provide visual connection between activities
inside and outside the building, 25% of the
building façadebetween two and 10 feet in
height, as measured from the adjacent
sidewalk, shall be made of windows or doors
that are transparent, the bottom of which may
not be more than four feet above the adjacent
sidewalk. Windows shall not be mirrored or
have glass tinted darker than 40% in order to
meet this requirement.
2. All Other Building Frontages
All other street-facing facades, other than those facing an alley, shall comply with either
of the standards listed below.
a. Meet the primary frontage requirement above; or,
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April 2015
b. Have at least five of the following elements incorporated into the street-facing
facade:
I.
Masonry (except for flat, non-decorative concrete block);
II.
Concrete or masonry plinth at the base of the wall;
III.
Belt courses of a different texture and color;
IV.
Projecting cornice;
V.
Decorative tile work;
VI.
Medallions;
VII.
Opaque or translucent glass;
VIII.
Artwork or wall graphics;
IX.
Lighting fixtures;
X.
Green walls; or,
XI.
Architectural elements not listed above, if approved.
3. Building Orientation
Buildings shall have their primary entrance facing the primary street. The primary
entrance shall be readily apparent as a prominent architectural component and visible
from the street.
C. Site Design
1.
Streets and Driveways
Residential Subdivision Street Network
Developments that dedicate public streets or any development of 40 lots or more
shall provide at least two access points, including at least one street stub out on
each side (as defined by the cardinal directions) for each 1,000 linear feet on any
single side of the development, unless the stub out cannot be constructed due to
existing development (with lots less than one acre in size) or significant topographic
features or the existing street pattern in the area of the development already
provides for vehicular connections at intervals no greater than 0.2 miles apart.
When connections to anticipated or proposed surrounding streets are required, the
right-of-way shall be extended and the street developed to the property line of the
subdivided property at the point where the connection to the anticipated or
proposed street is expected.
b. Nonresidential streets and driveways
Site plans on tracts over one acre in size
proposing multiple individual lots shall
reflect an internal circulation plan, primary
and secondary access points, and, if required
by DPW, additional on street turn lanes to
serve the entire site. Site plans shall also
require provisions for access points to
eventually extend into adjacent lots.
2. Parking Areas
No more than one row of parking spaces shall be allowed in the front of a building on its
primary frontage.
3. Pedestrian ways
a. Where a sidewalk(s), multi-use path(s), or public transportation stop exists on the
perimeter of a lot, a designated pedestrian access way shall connect the sidewalk,
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path or transportation stop to the primary entrance of the building. Pedestrian
paths to buildings through parking lots shall be a minimum of eight feet wide and
clearly marked with paint, paving material, or other physical identification.
b. A mid-block pedestrian passage may be required when the face of the block exceeds
1,500 feet, unless site restrictions do not permit its creation. Such passage shall be
located roughly perpendicular to the longest block face and at least 500 feet from
any cross street.
c. No sidewalk waivers shall be granted.
d. Pedestrian amenities such as benches, trash receptacles, galleries, arcades,
awnings, and outdoor seating may be allowed in the right-of-way subject to approval
by the Public Works Director.
4. Transit Support
Developments over 2.5 acres in size shall coordinate with CATS and provide appropriate
transit supportive elements, if required.
5. Screening
a. Loading docks shall be fully screened from the
street or from adjacent residential property
with screening that is a minimum of eight feet
in height and complementary to the principal
building architecture.
b. Mechanical equipment and dumpsters shall be
screened from view of all street frontages and
adjacent properties with materials the same or
a complementary color and/or a style as the
building. If located on the roof, mechanical
equipment shall be screened from view of
these areas at ground level using materials the
same color and/or a style compatible with the
building façade.
6. Signs
a. Permanent signage
i.
Types
Only the following types of signage shall be allowed:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Awning signs;
Marquee signs;
Monument signs;
Projecting signs;
Roof signs;
Suspended signs; and
Wall signs.
ii. Size
(a)
Monument signs shall be limited to a maximum of 15 feet in height.
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(b)
(c)
All other signs shall be no more than one square foot of building sign per
linear foot of building along primary street frontage provided that their
lowest point is no higher than 20 feet above the ground.
Signs with their lowest point higher than 20 feet above grade may be as
large as 10% of the total area of the building face on which they are
located, provided that they do not block any windows or other openings of
the building.
b. Temporary signage
A-frame sandwich board signs may be six square feet per sign face in area. A
maximum of one such sign per entrance on the public street frontage in which the
business advertised is located shall be allowed during business hours provided that
they are brought inside at closing and are not placed to block Americans with
Disabilities Act access.
7.
Lighting
a. Height
Light fixtures shall be no taller than the heights listed below:
i. 15 feet, for non-directional lighting.
ii. 30 feet, for directional (or full cut-off) lighting.
b. Shielding
Light shall be shielded from adjacent properties to ensure that no more than 0.5
foot candles, as measured on a lighting plan, extend across the property line of
adjacent residentially zoned properties and no more than five foot candles, as
measured on a lighting plan, extend across the property line of all other adjacent
properties.
c. Pedestrian Lighting
Pedestrian lighting (free-standing or wall-mounted) shall be provided at one light for
every 75 feet of street frontage or per an approved Pedestrian Lighting Plan.
8. Fences and Walls
a. Materials
Fences and walls, other than those required for screening, shall be constructed of
wood, decorative metal, or masonry (other than unfinished or painted concrete
block. The structural support members of wooden perimeter fences shall be located
on the interior of the fence and shall not be visible from adjacent properties.
b. Height
Fences located in front yards may not be higher than four feet in height unless they
are constructed to permit 50% visibility into the yard or are required for screening.
Section 10.105e
Suburban Design Standards
Suburban areas include much of the large-lot residential
development of the parish, which are predominantly autooriented with limited opportunities for pedestrian activity.
Chapter 10 – Supplementary Uses
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April 2015
Suburban areas have the potential for enhanced pedestrian commercial areas, and sidewalks
that connect to schools, public facilities and those commercial areas.
A. Building Design
Street facing walls greater than 20 feet in length, other than those facing an alley, shall
comply with either of the standards listed below:
1. Have windows that are transparent, covering at
least 25% of the building facade that lies
between 0 feet and 10 feet above grade.
Windows shall not be mirrored or have glass
tinted darker than 40% in order to meet this
requirement; or,
2. Have at least five of the following elements
incorporated into the street-facing facade:
a. Masonry (except for flat, non-decorative
concrete block);
b. Concrete or masonry plinth at the base of
the wall;
c. Belt courses of a different texture and color;
d. Projecting cornice;
e. Decorative tile work;
f. Medallions;
g. Opaque or translucent glass;
h. Artwork or wall graphics;
i. Lighting fixtures;
j. Green walls; or,
k. Architectural elements not listed above, if approved.
B. Site Design
1. Streets and Driveways
a. Residential Subdivision Street Network
Developments that dedicate public streets or any development of 40 lots or more
shall provide at least two access points, including at least one street stub out on
each side (as defined by the cardinal directions) for each 1,400 linear feet on any
single side of the development, unless the stub out cannot be constructed due to
existing development patterns (with lots less than one acre in size) or significant
topographic features or the existing street pattern in the area of the development
already provides for vehicular connections at intervals no greater than 0.25 miles
apart. When connections to anticipated or proposed surrounding streets are
required, the right-of-way shall be extended and the street developed to the property
line of the subdivided property at the point where the connection to the anticipated
or proposed street is expected
b. Nonresidential streets and driveways
Site plans on tracts over one acre in size proposing multiple individual lots shall
reflect an internal circulation plan, primary and secondary access points, and, if
required by DPW, additional on street turn lanes to serve the entire site. Site plans
shall also require provisions for access points to eventually extend into adjacent
lots.
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2. Pedestrian ways
a. A minimum eight foot wide designated pedestrian access way through the parking
lot to the primary entrance of the building shall be provided and clearly marked.
b. Where a sidewalk(s), multi-use path(s), or public transportation stop exists on the
perimeter of a lot, a designated pedestrian access way shall connect the sidewalk,
path or transportation stop to the primary entrance of the building.
c. Pedestrian amenities such as benches, trash receptacles, galleries, arcades,
awnings, and outdoor seating may be allowed in the right-of-way subject to approval
by the Public Works Director.
3. Screening
a. Loading docks shall be fully screened from the
street or from adjacent residential property
with screening a minimum of 8 feet in height
and complementary to the principal building
architecture.
b. Mechanical equipment and dumpsters shall be screened from view of all street
frontages and adjacent properties with
materials the same or a complementary color
and/or style as the building. If located on the
roof, mechanical equipment shall be
screened from view ofthese areas at ground
level using materials the same color and/or a
style compatible with the building façade.
4. Fences and Walls
a. Fences and walls, other than those required for screening, shall be constructed of
vinyl coated chain-link, vinyl, wood, decorative metal, or masonry (other than
unfinished or painted concrete block). The structural support members of wooden
perimeter fences shall be located on the interior of the fence and shall not be visible
from adjacent properties.
b. Height
Fences located in front yards may not be higher than four feet in height unless they
are constructed to permit 50% visibility into the yard or are required for screening.
Section 10.105f Rural Design Standards
Rural areas are located in outlying parts of
the parish that are not likely to be developed
or redeveloped in the near-term. These areas
typically have streets that are not curbed or
guttered and large acreage lots that may be
used for agricultural purposes.
A.
Streets and Driveways
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April 2015
1. Residential Subdivision Street Network
Developments that dedicate public streets or any development of 40 lots or more shall
provide at least two access points, including at least one street stub out on each side
(as defined by the cardinal directions) for each 2,600 linear feet on any single side of the
development, unless the stub out cannot be constructed due to existing development
patterns (with lots less than one acre in size) or significant topographic features or the
existing street pattern in the area of the development already provides for vehicular
connections at intervals no greater than 0.5 miles apart. When connections to
anticipated or proposed surrounding streets are required, the right-of-way shall be
extended and the street developed to the property line of the subdivided property at the
point where the connection to the anticipated or proposed street is expected.
2.
Nonresidential streets and driveways
Site plans on tracts over one acre in size proposing multiple individual lots shall reflect
an internal circulation plan, primary and secondary access points, and, if required by
DPW, additional on street turn lanes to serve the entire site. Site plans shall also
require provisions for access points to eventually extend into adjacent lots.
B.
Pedestrian ways
1. A minimum eight foot wide designated pedestrian access way through the parking lot to
the primary entrance of the building shall be provided and clearly marked.
2. Where a sidewalk(s), multi-use path(s), or public transportation stop exists on the
perimeter of a lot, a designated pedestrian access way shall connect the sidewalk, path
or transportation stop to the primary entrance of the building.
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April 2015
Appendix H
PERMISSIBLE USES
A1 Single Family Residential District (See Section 8.201)
Permitted Uses
 Agricultural or farming activities
 Single family dwellings with a maximum density of 4.1 dwellings per acre
 Conservation Areas, nature or game
 Country clubs – A site of at least five (5) acres with all activities and parking to be kept
at least fifty (50) feet from side and rear property lines.
 Golf courses, ancillary facilities including club house, pro shop, restaurant, and
maintenance facilities
 Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
 Historic site tours and exhibitions-site or structures must be listed on the National
Register of Historic Places. All parking areas must be completely screened (see parking
screening in Appendix D) from the street and adjacent residences.
 Home occupations
 Hospitals – Site must be at least ten (10) acres or more and buildings shall not occupy
more than ten (10) percent of the site area, and that buildings be setback from all yard
lines a distance of at least one foot for each foot of building height. Must be located on
a major street.
 Public open spaces
 Public parks
 Railroad passenger terminals
 Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
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Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
Bed and breakfast home – Limited to four (4) guestrooms within National Register
Historic Districts or Sites or homes listed on the National Register of Historic Places or
within homes a minimum of fifty (50) years old. All parking areas must be completely
screened (see parking screening in Appendix D) from the street and adjacent residences.
No signage is allowed. Must be owner occupied. Shall be located on a lot or tract with a
minimum size of one acre. Guests are limited to a maximum stay of seven consecutive
days. Homes that qualify based upon the fifty (50) year old requirement shall not be
located within a recognized residential subdivision unless the lot has frontage on a
designated major street.
Cemeteries and mausoleums – Must be located on a major street. All graves and
buildings shall be setback at least fifty feet from all property lines. Shall not be located
within a recognized residential subdivision.
Childcare centers – Enrollment is limited to ten children. Hours of operation are
between 6:30 a.m. and 6:30 p.m. A six (6) foot solid wooden fence is required between
adjacent residences and outdoor play areas. No signage is allowed. Must be owner
occupied. All parking areas must be completely screened (see parking screening in
Appendix D) from the street and adjacent residences. Shall not be located within a
recognized residential subdivision.
Educational, religious, and philanthropic institutions – Plan Review is required for
all such uses. Site Plan criteria shall be submitted as required in Section 4.101 Plan
Review of the Unified Development Code.
Appendix H - Permissible Uses
H-2
March 2015
A2 Single Family Residential District (See Section 8.202)
Permitted Uses
 Single family dwellings with a maximum density of 5.8 dwellings per acre
 All permitted uses in the A1 District
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 All conditional uses in the A1 District
 Garage apartments – Limited to one (1) dwelling unit. The building shall be set back
ten (10) feet from all side and rear lot lines. The lot shall contain a minimum of ten
thousand (10,000) square feet. Maximum size of the unit is five hundred (500) square
feet.
A2.1 Zero Lot Line Residential District (See Section 8.202.1)
Permitted Uses
 “Zero lot line” single family dwellings at a density of 7.9 units per acre
Conditional Uses
 None
A2.5 Town homes District (See Section 8.202.2)
Permitted Uses
 Town homes with a maximum density of 11.5 units per acre
 Churches, schools, public buildings, recreational facilities, and other accessory uses
normally compatible with surrounding residential development.
Conditional Uses
 None
A2.6 Zero Lot Line Residential District (See Section 8.202.3)
Permitted Uses
 “Zero lot line” single family dwellings at a maximum density of 11.5 units per acre
Conditional Uses
 None
A2.7 Single Family Residential District (See Section 8.202.4)
Permitted Uses
 Single family detached dwellings with a maximum density of 7.3 units per acre.
 All uses permitted in the A1 Single Family Residential District.
 Accessory uses normally compatible with surrounding low density residential
development.
Conditional Uses
 All conditional uses in the A1 District
Appendix H - Permissible Uses
H-3
March 2015
A2.9 Two Family Residential District (See Section 8.202.5)
Permitted Uses
 All uses permitted in the A1, A2, and A2.7 Zoning Districts.
 Two family attached dwellings
 Childcare centers
 Educational, religious, and philanthropic institutions
 Accessory uses normally compatible with surrounding low density residential
development.
Conditional Uses
 All conditional uses in the A1 District
A3.1 Limited Residential District (See Section 8.203.1)
Permitted Uses
 Multi-family residential development and institutional uses of a residential character
with a maximum density of 11.5 units per acre.
 Apartments
 Apartment hotels
 Assisted living facilities
 Bed and breakfast home – limited to a maximum of four (4) guestrooms (See Chapter 2
Definitions).
 Bed and breakfast inns – limited to a maximum of ten (10) guestrooms (See Chapter 2
Definitions).
 Child care centers
 Churches, Sunday schools, parish houses and other places of worship
 Country clubs
 Credit union offices for students and teachers when located adjacent or contiguous to a
campus
 Educational, religious, and philanthropic institutions
 Fraternal lodges
 Fraternities
 Garage apartments
 Lodging houses
 Nursing homes
 Railroad passenger terminals
 Sororities
 Special homes
 Town homes
 Zero lot line residential
 All uses permitted in the A1 Zoning District
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 Country clubs with alcohol – Must be approved for alcohol license by Alcohol and
Beverage Control Board. Structures where alcohol is served must be a minimum of 500
feet from the property line of any existing single family residence, school, park, church
or library.
 Cemeteries and mausoleums – Must be located on a major street. All graves and
buildings shall be setback at least fifty feet from all property lines. Shall not be located
within a recognized residential subdivision.
Appendix H - Permissible Uses
H-4
March 2015

Fraternal lodges with alcohol – Must be approved for alcohol license by Alcohol and
Beverage Control Board. Structures where alcohol is served must be a minimum of 500
feet from the property line of any existing single family residence, school, park, church
or library. Shall not be located within a recognized residential subdivision.
A3.2 Limited Residential District (See Section 8.203.2)
Permitted Uses
 Multi-family residential development and institutional uses of a residential character
with a maximum density of 17.4 dwelling units per acre
 All permitted uses in the A3.1 District
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 All conditional uses in the A3.1 District
A3.3 Limited Residential District (See Section 8.203.3)
Permitted Uses
 Multi-family residential development with a maximum density of 29 dwelling units per
acre
 All permitted uses in the A3.1 District
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 All conditional uses in the A3.1 District
A4 General Residential District (See Section 8.204)
Permitted Uses
 Compact multi-family residential developments with a maximum density of 43.6
dwelling units per acre
 All permitted uses in the A3.3 District
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 All conditional uses in the A3.1 District
A5 Hi-Rise Apartment District (See Section 8.205)
Permitted Uses
 High density residential development with a maximum density of 87.1 dwelling units
per acre
 All permitted uses in the A3.3 District
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 All conditional uses in the A3.1 District
H Historic District (See Section 8.206)
Permitted Uses
 Any use permitted in the A3 Districts, plus those related and compatible uses such as
art galleries, offices, specialty shops, and the like.
Appendix H - Permissible Uses
H-5
March 2015
Conditional Uses
 None
B Off-Street Parking District (See Section 8.207)
Permitted Uses
 Off-street parking
 Parking facilities, multi-level
 Parking lots
Conditional Uses
 None
B1 Transition District (See Section 8.208)
Permitted Uses
 Any uses permitted in A1-A5 Districts on properties zoned B1 prior to December 14,
1982 or which had existing structures built prior to December 14, 1982 on properties
zoned B1 after December 14, 1982
 Antique shops not to exceed 500 square feet of floor area with no goods or merchandise
to be stored or displayed outside of the building.
 Apartment hotels (See Section 8.208)
 Art studio – No outside production or storage.
 Arts and crafts schools
 Banks
 Film and sound editing
 Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
 Home occupations
 Medical clinics
 Offices
 Off-street parking
 Parking facilities, multi-level
 Parking lots
 Personal service shops
 Public open spaces
 Public Parks
 Railroad passenger terminals
 Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
 Wireless transmitting and receiving facilities – May be permitted with approval of the
Planning Commission.
Conditional Uses
 None
Appendix H - Permissible Uses
H-6
March 2015
NO Neighborhood Office District (See Section 8.208.1)
Permitted Uses – Office buildings are limited to 2,500 gross square feet of floor area
 Art Galleries
 Art studio – No outside production or storage.
 Conservation areas, nature or game preserves
 Film and sound editing
 Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
 Home occupations
 Medical clinics
 Offices
 Parking, multi-level and parking lots
 Public open spaces, public parks
 Railroad passenger terminals
 Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
 Single Family Dwellings
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 Animal hospitals – All animals must be kept inside a building.
 Banks without drive-thrus
 Child care centers
 Office buildings with a maximum of 5,000 gross square feet of floor area
GOL General Office Low Rise District (See Section 8.208.2)
Permitted Uses
 All commercial or residential uses are limited to no more than fifty (50) percent of the
floor area
 Art Galleries
 Art studio – No outside production or storage.
 Assisted living facilities
 Clubs
 Conservation areas, nature or game preserves
 Educational, religious, and philanthropic institutions
 Financial institutions with or without drive-thrus
 Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
 Home occupations
 Housing for the elderly
 Medical clinics
 Multi-family residential
 Nurseries
 Nursing homes
 Offices
 Parking, multi-level and parking lots
 Personal services and retail shops
 Public open spaces, public parks
 Railroad passenger terminals
Appendix H - Permissible Uses
H-7
March 2015
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Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Restaurants
Wireless transmitting and receiving facilities – Limited to locations on buildings with a
maximum extension above the roof of twenty-five feet. All wireless facilities shall have a
stealth design.
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106 Conditional
Uses)
 Child care centers
 Fraternal lodges and clubs with alcohol
 Health clubs
 Reception and banquet facilities with alcohol – Must be approved for an alcohol
license by the Alcohol and Beverage Control Board
GOH General Office High Rise District (See Section 8.208.3)
Permitted Uses
 All commercial or residential uses are limited to no more than fifty (50) percent of the
floor area
 Art Galleries
 Art studio – No outside production or storage.
 Assisted living facilities
 Clubs
 Conservation areas, nature or game preserves
 Educational, religious, and philanthropic institutions
 Financial institutions with or without drive-thrus
 Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
 Home occupations
 Housing for the elderly
 Medical clinics
 Multi-family residential
 Nurseries
 Nursing homes
 Offices
 Parking, multi-level and parking lots
 Personal services and retail shops
 Public open spaces, public parks
 Railroad passenger terminals
 Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
 Restaurants
 Wireless transmitting and receiving facilities – Limited to locations on buildings with a
maximum extension above the roof of twenty-five feet. All wireless facilities shall have a
stealth design.
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106 Conditional
Uses)
 Child care centers
Appendix H - Permissible Uses
H-8
March 2015
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Fraternal lodges and clubs with alcohol
Health clubs
Reception and banquet facilities with alcohol – Must be approved for an alcohol
license by the Alcohol and Beverage Control Board
Schools
NC Neighborhood Commercial District (See Section 8.208.4)
Permitted Uses – limited to 2,500 gross square feet of floor area per lot. All commercial
activities must be contained within the building –– no outside work or storage areas
permitted.
 Art Galleries
 Art studio – No outside production or storage.
 Bed and breakfast home – limited to a maximum of four (4) guestrooms (See Chapter 2
Definitions).
 Bed and breakfast inns – limited to a maximum of ten (10) guestrooms (See Chapter 2
Definitions).
 Child care centers
 Clubs
 Coin-operated Laundromats (no dry cleaning facilities)
 Conservation areas, nature or game preserves
 Dry cleaners – No on-premise cleaning. No drive thrus allowed.
 Farmer’s markets
 Financial institutions without drive-thrus
 Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
 Gas stations, self-serve – No independent gas stations, up to two (2) gasoline pumps
allowed as an accessory use to a retail establishment.
 Greenhouses, commercial
 Home occupations
 Medical clinics
 Nurseries, commercial limited to a maximum of 10,000 square feet of outside sales
area.
 Nursing homes
 Offices
 Parking, multi-level and parking lots
 Personal services and retail shops
 Public open spaces
 Public parks
 Railroad passenger terminals
 Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
 Retail sales
 Restaurants – without drive-thrus
 Roadside sale of fruits and vegetables grown on the site where offered for sale
 Single family dwellings
 Snowball stands
 Town homes
Appendix H - Permissible Uses
H-9
March 2015
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 Buildings – Limited to a maximum of 5,000 gross square feet of floor area.
 Animal hospitals – All animals are kept inside a building.
 Garage apartments – Limited to one family, provided however, that the building be set
back 10 feet from all side and rear lot lines, and the lot contain at least 10,000 square
feet.
 Repair and service shops – Limited to small equipment, household items, clothing and
furnishings, but not motor vehicle repair or service. All work must be done inside
enclosed buildings.
NC-AB Neighborhood Commercial Alcoholic Beverage District (See Section 8.208.5)
Permitted Uses – Buildings are limited to 2,500 gross square feet of floor area per lot.
 Restaurants serving alcohol, where alcohol sales are not the primary source of revenue
– No drive thrus allowed
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 Buildings – Limited to a maximum of 5,000 gross square feet of floor area.
C1 Light Commercial District (See Section 8.209)
Permitted Uses – Sale of goods, merchandise or products at retail including but not limited to
the following specific uses:
 Animal hospitals where all animals are kept inside a building
 Apartment Hotels
 Art galleries
 Art studio – No outside production or storage.
 Assisted living facilities
 Banks
 Bed and breakfast home – limited to a maximum of four (4) guestrooms (See Chapter 2
Definitions).
 Bed and breakfast inns – limited to a maximum of ten (10) guestrooms (See Chapter 2
Definitions).
 Billboards and signs subject to Chapter 16 of the Unified Development Code
 Child care centers
 Clubs
 Coin operated Laundromats (No dry cleaning facilities)
 Commercial horse stables
 Commercial recreation facilities subject to Section 4.101
 Conservation areas, nature or game preserves
 Country Clubs
 Dry Cleaners – No on-premise cleaning
 Educational, religious and philanthropic institutions
 Farmers markets
 Financial institutions with or without drive-thrus
 Funeral homes
 Garage apartments
 Gas stations – self serve not containing car washes or a service area
 Golf courses, ancillary facilities including club house, pro shop, restaurant, and
maintenance facilities
Appendix H - Permissible Uses
H-10
March 2015
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Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
Greenhouses, commercial
Health clubs
Historic site tours and exhibitions – site or structures must be listed on the National
Register of Historic Places. All parking areas must be completely screened (see parking
screening in Appendix D) from the street and adjacent residences.
Home occupations
Hospitals
Housing for the elderly
Juvenile Diagnostic Development Centers for At Risk Youths established by the
Department of Health and Hospitals (Ord. 9924, 6-8-94)
Medical clinics
Multi-family residential
Nurseries, commercial
Nursing homes
Offices
Parking, multi-level and parking lots
Personal service and retail shops
Pilot Juvenile Diagnostic Development Centers – must be located a minimum of 500 feet
from the property line or any existing residential use.
Public open space
Public parks
Railroad passenger terminals
Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Repair and service shops – limited to small equipment, household items, clothing and
furnishings, but not motor vehicle repair or service. All work must be done inside
enclosed buildings and all storage of materials must be inside closed buildings. Shops
not to exceed 2500 square feet of floor area.
Restaurants
Retail sales
Roadside sale of fruits and vegetables grown on the site where offered for sale
Single family dwellings
Snowball stands
Special homes
Town homes
Wireless transmitting and receiving
Zero lot line residential
Conditional Uses
 None
LC1 Light Commercial One District (See Section 8.209a)
Permitted Uses – Businesses in this district are limited to 15,000 square feet of floor area
 Animal hospitals where all animals are kept inside a building
 Art galleries
 Art studio – No outside production or storage.
 Assisted living facilities
 Banks
Appendix H - Permissible Uses
H-11
March 2015
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










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
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


















Bed and breakfast home – limited to a maximum of four (4) guestrooms (See Chapter 2
Definitions).
Bed and breakfast inns – limited to a maximum of ten (10) guestrooms (See Chapter 2
Definitions).
Billboards and signs subject to Chapter 16 of the Unified Development Code
Cemeteries and mausoleums – must be located on a major street. All graves and
buildings shall be setback at least fifty (50) feet from all property lines.
Child care centers
Clubs
Coin operated Laundromats (No dry cleaning facilities)
Commercial horse stables
Commercial recreation facilities subject to Section 4.101
Conservation areas, nature or game preserves
Country Clubs
Dry Cleaners – No on-premise cleaning
Educational, religious and philanthropic institutions
Farmers markets
Financial institutions with or without drive-thrus
Funeral homes
Gas stations – self serve not containing car washes or a service area
Golf courses, ancillary facilities including club house, pro shop, restaurant, and
maintenance facilities
Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
Greenhouses, commercial
Health clubs
Historic site tours and exhibitions – site or structures must be listed on the National
Register of Historic Places. All parking areas must be completely screened (see parking
screening in Appendix D) from the street and adjacent residences.
Home occupations
Hospitals
Housing for the elderly
Juvenile Diagnostic Development Centers for At Risk Youths established by the
Department of Health and Hospitals (Ord. 9924, 6-8-94)
Medical clinics
Movie studio with no outdoor storage
Multi-family residential
Nurseries, commercial
Nursing homes
Offices
Parking, multi-level and parking lots
Personal service and retail shops
Public open space
Public parks
Railroad passenger terminals
Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Repair and service shops – limited to small equipment, household items, clothing and
furnishings, but not motor vehicle repair or service. All work must be done inside
enclosed buildings and all storage of materials must be inside closed buildings. Shops
not to exceed 2500 square feet of floor area.
Restaurants
Appendix H - Permissible Uses
H-12
March 2015







Retail sales
Roadside sale of fruits and vegetables grown on the site where offered for sale
Snowball stands
Special homes
Town homes
Wireless transmitting and receiving
Zero lot line residential
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 Car washes – The structure must be located a minimum of five hundred (500) feet from
the property line of any residential use. All lighting must be directed away from
adjacent uses.
 Country clubs with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
 Dinner theatres with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
 Fraternal lodges with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
 Glass installation – The structure must be located a minimum of three hundred (300)
feet from the property line of any residential use.
 Mini storage facilities – All structures must be located a minimum of three hundred
(300) feet from the property line of any residential use.
 Pilot Juvenile Diagnostic Development Centers – All structures must be located a
minimum of five hundred (500) feet from the property line of any residential use.
 Reception halls with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
 Used car sales – No service or repair of vehicles is allowed. All cars must be located a
minimum of three hundred (300) feet from the property line of any residential district.
LC2 Light Commercial Two District (See Section 8.209b)
Permitted Uses – Businesses in this district are limited to 75,000 square feet of floor area
 Animal hospitals where all animals are kept inside a building
 Art galleries
 Art studio – No outside production or storage.
 Assisted living facilities
 Banks
 Bed and breakfast home – limited to a maximum of four (4) guestrooms (See Chapter 2
Definitions).
 Bed and breakfast inns – limited to a maximum of ten (10) guestrooms (See Chapter 2
Definitions).
 Billboards and signs subject to Chapter 16 of the Unified Development Code
 Cemeteries and mausoleums – must be located on a major street. All graves and
buildings shall be setback at least fifty (50) feet from all property lines.
 Child care centers
 Clubs
 Coin operated Laundromats (No dry cleaning facilities)
 Commercial horse stables
 Commercial recreation facilities subject to Section 4.101
 Conservation areas, nature or game preserves
 Country Clubs
Appendix H - Permissible Uses
H-13
March 2015




































Dry Cleaners – No on-premise cleaning
Educational, religious and philanthropic institutions
Farmers markets
Financial institutions with or without drive-thrus
Funeral homes
Gas stations – self serve not containing car washes or a service area
Golf courses, ancillary facilities including club house, pro shop, restaurant, and
maintenance facilities
Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
Greenhouses, commercial
Health clubs
Historic site tours and exhibitions – site or structures must be listed on the National
Register of Historic Places. All parking areas must be completely screened (see parking
screening in Appendix D) from the street and adjacent residences.
Home occupations
Hospitals
Housing for the elderly
Juvenile Diagnostic Development Centers for At Risk Youths established by the
Department of Health and Hospitals (Ord. 9924, 6-8-94)
Medical clinics
Mini-storage facilities
Movie studio with no outdoor storage
Multi-family residential
Nurseries, commercial
Nursing homes
Offices
Parking, multi-level and parking lots
Personal service and retail shops
Pilot Juvenile Diagnostic Development Centers – just be located a minimum of 500 feet
from the property line of any existing residential use.
Public open spaces
Public parks
Railroad passenger terminals
Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Repair and service shops – limited to small equipment, household items, clothing and
furnishings, but not motor vehicle repair or service. All work must be done inside
enclosed buildings and all storage of materials must be inside closed buildings. Shops
not to exceed 2500 square feet of floor area.
Restaurants
Retail sales
Roadside sale of fruits and vegetables grown on the site where offered for sale
Snowball stands
Special homes
Wireless transmitting and receiving
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 Building materials sales – All materials must be located a minimum of three hundred
(300) feet from the property line of any existing residential use. All storage of materials
must be within a building or opaquely screened from the street and adjacent properties.
Appendix H - Permissible Uses
H-14
March 2015








Cabinet shops and millwork shops – Shops must be located a minimum of 500 feet
from the property line of any existing residential use. All work must be done inside
enclosed buildings and all storage of materials must be within a building or opaquely
screened from the street and adjacent properties.
Car washes – Structure must be located a minimum of five hundred (500) feet from the
property line of any existing residential use. All lighting must be directed away from
adjacent uses.
Dinner theatres with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control board.
Fraternal lodges with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control board.
Glass installation – Structure must be located a minimum of three hundred (300) feet
from the property line of any residential use.
Motor vehicle sales, service, and repair – All vehicles and structures must be located
a minimum of 500 feet from the property line of any existing residential use. All work
must be done inside enclosed buildings and all storage of materials must be inside
enclosed buildings.
Reception halls with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control board.
Trade schools – All structures must be located a minimum of five hundred (500) feet
from the property line of any residential use.
LC3 Light Commercial Three District (See Section 8.209c)
Permitted Uses – Businesses in this district are limited to 150,000 square feet of floor area
 Animal hospitals where all animals are kept inside a building
 Art galleries
 Art studio – No outside production or storage.
 Assisted living facilities
 Banks
 Bed and breakfast home – limited to a maximum of four (4) guestrooms (See Chapter 2
Definitions).
 Bed and breakfast inns – limited to a maximum of ten (10) guestrooms (See Chapter 2
Definitions).
 Billboards and signs subject to Chapter 16 of the Unified Development Code
 Building material sales
 Car washes
 Cemeteries and mausoleums
 Child care centers
 Clubs
 Coin operated Laundromats (No dry cleaning facilities)
 Commercial horse stables
 Commercial recreation facilities subject to Section 4.101
 Conservation areas, nature or game preserves
 Country Clubs
 Dry cleaners – No on-premise cleaning
 Educational, religious and philanthropic institutions
 Farmers markets
 Financial institutions with or without drive-thrus
 Funeral homes
 Gas stations – self serve
 Gas stations – full-serve
Appendix H - Permissible Uses
H-15
March 2015
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
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
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




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












Glass installation
Golf courses, ancillary facilities including club house, pro shop, restaurant, and
maintenance facilities
Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
Greenhouses, commercial
Health clubs
Historic site tours and exhibitions – site or structures must be listed on the National
Register of Historic Places. All parking areas must be completely screened (see parking
screening in Appendix D) from the street and adjacent residences.
Home occupations
Hospitals
Hotels and motels
Housing for the elderly
Juvenile Diagnostic Development Centers for At Risk Youths established by the
Department of Health and Hospitals (Ord. 9924, 6-8-94)
Laboratories
Lumber yards
Medical clinics
Mini-storage facilities
Motor vehicle sales, service and repair – must be located on a minimum of 300 feet from
the property line of any existing residential use.
Movie studio with no outdoor storage
Movie theatres
Multi-family residential
Nurseries, commercial
Nursing homes
Offices
Parking, multi-level and parking lots
Personal service and retail shops
Pilot Juvenile Diagnostic Development Centers – must be located a minimum of 500 feet
from the property line of any existing residential use.
Public open space
Public parks
Railroad passenger terminals
Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Repair and service shops – limited to small equipment, household items, clothing and
furnishings, but not motor vehicle repair or service. All work must be done inside
enclosed buildings and all storage of materials must be inside closed buildings. Shops
not to exceed 2500 square feet of floor area.
Restaurants
Retail sales
Roadside sale of fruits and vegetables grown on the site where offered for sale
Snowball stands
Special homes
Stadiums and arenas
Wireless transmitting and receiving
Appendix H - Permissible Uses
H-16
March 2015
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 Cabinet shops and millwork shops – Shops must be located a minimum of five
hundred (500) feet from the property line of any existing residential use.
 Dinner theatres with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
 Fraternal lodges with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
 Heavy equipment sales and service – All equipment and structures must be locate a
minimum of five hundred (500) feet from the property line of any existing residential
use. Shall provide a six (6) foot solid fence around equipment storage areas.
 Reception halls with alcohol – Must be approved for an alcohol license by the Alcohol
and Beverage Control Board.
C-AB-1 Commercial Alcoholic Beverage One District (See section 8.209.1)
Permitted Uses
 All uses permitted in the C1 and the LC-3 zoning districts
 Fraternal lodges serving alcohol
 Reception Hall serving alcohol
 Theaters serving alcohol
 Dinner theaters with alcohol
 Restaurants serving alcohol for consumption on the premises and whose primary
purpose is to prepare meals for on premise consumption by the general public
Conditional Uses
 None
C2 Heavy Commercial District (See Section 8.210a)
Permitted Uses
 Animal hospitals and kennels – Animals may be kept outside.
 Apartment hotels
 Art galleries
 Art studio – No outside production or storage.
 Assisted living facilities
 Banks
 Bed and breakfast home – limited to a maximum of four (4) guestrooms (See Chapter 2
Definitions).
 Bed and breakfast inns – limited to a maximum of ten (10) guestrooms (See Chapter 2
Definitions).
 Billboards and signs subject to Chapter 16 of the Unified Development Code
 Bulk dairy products retail
 Bus terminals
 Cabinet shops and millwork shops
 Car washes
 Cemeteries and mausoleums
 Child care centers
 Clubs
 Commercial horse stables
 Commercial recreation facilities
 Conservation areas, nature or game preserves
 Contractors
Appendix H - Permissible Uses
H-17
March 2015

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
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

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






























Country clubs
Duplexes
Dinner theaters with alcohol
Dry cleaners
Educational, religious and philanthropic institutions
Farmers markets
Fraternal lodges with or without alcohol
Funeral homes
Garage apartments
Gas stations – full serve
Gas stations – self serve
Glass installation
Golf courses, ancillary facilities including club house, pro shop, restaurant, and
maintenance facilities
Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
Health clubs
Historic site tours and exhibitions – site or structures must be listed on the National
Register of Historic Places. All parking areas must be completely screened (see parking
screening in Appendix D) from the street and adjacent residences.
Home occupations
Hospitals
Hotels and motels
Housing for the elderly
Juvenile Diagnostic Development Centers for At Risk Youths established by the
Department of Health and Hospitals (Ord. 9924, 6-8-94)
Laboratories
Laundromats
Medical clinics
Medical laboratories
Mini-storage facilities
Mobile home parks
Mobile homes – must be located within a mobile home park.
Motor vehicle sales, service and repair
Movie theatres
Multi-family residential
Nurseries, commercial
Nursing homes
Offices
Parking, multi-level and parking lots
Personal service shops
Pilot Juvenile Diagnostic Development Centers – must be located a minimum of 500 feet
from the property line of any existing residential use.
Public open spaces
Public parks
Railroad passenger terminals
Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Reception halls – Must be approved for an alcohol license by the Alcohol and Beverage
Control Board
Recreation facilities, commercial
Appendix H - Permissible Uses
H-18
March 2015














Rehabilitative or recovery care centers
Repair and service shops – limited to small equipment, household items, clothing and
furnishings, but not motor vehicle repair or service. All work must be done inside
enclosed buildings and all storage of materials must be inside closed buildings. Shops
not to exceed 2500 square feet of floor area.
Research parks
Restaurants
Retail sales
Roadside sale of fruits and vegetables grown on the site where offered for sale
Service companies
Single family dwellings
Snowball stands
Special homes
Theaters – must be approved for an alcohol license by the Alcohol and Beverage Control
Board.
Town homes
Wireless transmitting and receiving
Zero lot residential
Conditional Uses
 None
HC1 Heavy Commercial One District (See Section 8.210a.1)
Permitted Uses – Businesses in this district are limited to 250,000 gross square feet of floor
area
 Animal hospitals and kennels – Animals may be kept outside.
 Art galleries
 Art studio – No outside production or storage.
 Assisted living facilities
 Banks
 Bed and breakfast home – limited to a maximum of four (4) guestrooms (See Chapter 2
Definitions).
 Bed and breakfast inns – limited to a maximum of ten (10) guestrooms (See Chapter 2
Definitions).
 Billboards and signs subject to Chapter 16 of the Unified Development Code
 Bus terminals
 Cabinet shops and millwork shops
 Car washes
 Cemeteries and mausoleums
 Child care centers
 Clubs
 Commercial horse stables
 Commercial recreation facilities
 Conservation areas, nature or game preserves
 Convention halls
 Contractors – No outdoor storage materials.
 Country clubs
 Dairy products processing
 Duplexes
 Dry cleaners
 Educational, religious and philanthropic institutions
Appendix H - Permissible Uses
H-19
March 2015
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





































Farmers markets
Fraternal lodges with or without alcohol
Funeral homes
Furniture assemblies
Gas stations – full serve
Gas stations – self serve
Glass installation
Golf courses, ancillary facilities including club house, pro shop, restaurant, and
maintenance facilities
Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
Health clubs
Heavy equipment sales and service
Historic site tours and exhibitions – site or structures must be listed on the National
Register of Historic Places. All parking areas must be completely screened (see parking
screening in Appendix D) from the street and adjacent residences.
Home occupations
Hospitals
Hotels and motels
Housing for the elderly
Indoor Firing Ranges – firing range structures must be located a minimum of 300 feet
from the property line of any residential use or any residential zoning district.
Juvenile Diagnostic Development Centers for At Risk Youths established by the
Department of Health and Hospitals (Ord. 9924, 6-8-94)
Laboratories
Laundromats
Lumber yards
Medical clinics
Medical laboratories
Mini-storage facilities
Mobile home parks
Mobile homes – must be located within a mobile home park.
Motor vehicle sales, service and repair
Movie studio with no outdoor storage
Movie theatres
Multi-family residential
Nurseries, commercial
Nursing homes
Offices
Parking, multi-level and parking lots
Personal service shops
Pilot Juvenile Diagnostic Development Centers – must be located a minimum of 500 feet
from the property line of any existing residential use.
Public open spaces
Public parks
Railroad passenger terminals
Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Reception halls – Must be approved for an alcohol license by the Alcohol and Beverage
Control Board
Recreation facilities, commercial
Appendix H - Permissible Uses
H-20
March 2015











Rehabilitative or recovery care centers
Repair and service shops – limited to small equipment, household items, clothing and
furnishings, but not motor vehicle repair or service. All work must be done inside
enclosed buildings and all storage of materials must be inside closed buildings. Shops
not to exceed 2500 square feet of floor area.
Research parks
Restaurants
Retail sales
Roadside sale of fruits and vegetables grown on the site where offered for sale
Service companies
Snowball stands
Special homes
Theaters – must be approved for an alcohol license by the Alcohol and Beverage Control
Board.
Wireless transmitting and receiving
Conditional Uses
 None
HC2 Heavy Commercial Two District (See Section 8.210a.2)
Permitted Uses
 Animal hospitals and kennels-Animals may be kept outside.
 Art galleries
 Art studio – No outside production or storage.
 Assisted living facilities
 Banks
 Bed and breakfast home – limited to a maximum of four (4) guestrooms (See Chapter 2
Definitions).
 Bed and breakfast inns – limited to a maximum of ten (10) guestrooms (See Chapter 2
Definitions).
 Billboards and signs subject to Chapter 16 of the Unified Development Code
 Bus terminals
 Cabinet shops and millwork shops
 Car washes
 Cemeteries and mausoleums
 Child care centers
 Clubs
 Commercial horse stables
 Commercial recreation facilities
 Conservation areas, nature or game preserves
 Convention halls
 Contractors – No outdoor storage materials.
 Country clubs
 Dairy products processing
 Duplexes
 Dry cleaners
 Educational, religious and philanthropic institutions
 Farmers markets
 Fraternal lodges with or without alcohol
 Funeral homes
 Furniture assemblies
Appendix H - Permissible Uses
H-21
March 2015








































Gas stations – full serve
Gas stations – self serve
Glass installation
Golf courses, ancillary facilities including club house, pro shop, restaurant, and
maintenance facilities
Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
Health clubs
Heavy equipment sales and service
Historic site tours and exhibitions – site or structures must be listed on the National
Register of Historic Places. All parking areas must be completely screened (see parking
screening in Appendix D) from the street and adjacent residences.
Home occupations
Hospitals
Hotels and motels
Housing for the elderly
Indoor Firing Ranges – firing range structures must be located a minimum of 300 feet
from the property line of any residential use or any residential zoning district.
Juvenile Diagnostic Development Centers for At Risk Youths established by the
Department of Health and Hospitals (Ord. 9924, 6-8-94)
Laboratories
Laundromats
Lumber yards
Medical clinics
Medical laboratories
Mini-storage facilities
Mobile home parks
Mobile homes - must be located within a mobile home park.
Motor vehicle sales, service and repair
Movie studio with no outdoor storage
Movie theatres
Multi-family residential
Nurseries, commercial
Nursing homes
Offices
Parking, multi-level and parking lots
Personal service shops
Pilot Juvenile Diagnostic Development Centers – must be located a minimum of 500 feet
from the property line of any existing residential use.
Public open spaces
Public parks
Railroad passenger terminals
Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Reception halls – Must be approved for an alcohol license by the Alcohol and Beverage
Control Board
Recreation facilities, commercial
Rehabilitative or recovery care centers
Repair and service shops – limited to small equipment, household items, clothing and
furnishings, but not motor vehicle repair or service. All work must be done inside
enclosed buildings and all storage of materials must be inside closed buildings. Shops
not to exceed 2500 square feet of floor area.
Appendix H - Permissible Uses
H-22
March 2015









Research parks
Restaurants
Retail sales
Roadside sale of fruits and vegetables grown on the site where offered for sale
Service companies
Snowball stands
Special homes
Theaters – must be approved for an alcohol license by the Alcohol and Beverage Control
Board.
Wireless transmitting and receiving facilities
Conditional Uses
 None
C-AB-2 Commercial Alcoholic Beverage Two District (See Section 8.210.1)
Permitted Uses
 All permitted uses in the C-AB-1, C2, and HC-2 zoning districts
 Bars and lounges
 Businesses involved in the sale or serving of alcoholic beverages for consumption on the
premises
Conditional Uses
 None
C5 Business District (See Section 8.210b)
Permitted Uses
 Any uses permitted in previous districts
 Animal hospitals and kennels – Animals may be kept outside.
 Apartment hotels
 Art galleries
 Art studio – No outside production or storage.
 Assisted living facilities
 Banks
 Bars and Lounges
 Bed and breakfast home – limited to a maximum of four (4) guestrooms (See Chapter 2
Definitions).
 Bed and breakfast inns – limited to a maximum of ten (10) guestrooms (See Chapter 2
Definitions).
 Bulk dairy products retail
 Bus terminals
 Cabinet shops and millwork shops
 Car washes
 Cemeteries and mausoleums
 Child care centers
 Clubs
 Commercial horse stables
 Commercial recreation facilities
 Conservation areas, nature or game preserves
 Contractors
 Country clubs
 Duplexes
Appendix H - Permissible Uses
H-23
March 2015
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Dinner theaters with alcohol
Dry cleaners
Educational, religious and philanthropic institutions
Farmers markets
Fraternal lodges with or without alcohol
Funeral homes
Garage apartments
Gas stations – full serve
Gas stations – self serve
Glass installation
Golf courses, ancillary facilities including club house, pro shop, restaurant, and
maintenance facilities
Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
Health clubs
Historic site tours and exhibitions – site or structures must be listed on the National
Register of Historic Places. All parking areas must be completely screened (see parking
screening in Appendix D) from the street and adjacent residences.
Home occupations
Hospitals
Hotels and motels
Housing for the elderly
Juvenile Diagnostic Development Centers for At Risk Youths established by the
Department of Health and Hospitals (Ord. 9924, 6-8-94)
Laboratories
Laundromats
Medical clinics
Medical laboratories
Mini-storage facilities
Mobile home parks
Mobile homes – must be located within a mobile home park.
Motor vehicle sales, service and repair
Movie theatres
Multi-family residential
Nurseries, commercial
Nursing homes
Offices
Parking, multi-level and parking lots
Personal service shops
Pilot Juvenile Diagnostic Development Centers – must be located a minimum of 500 feet
from the property line of any existing residential use.
Public open spaces
Public parks
Railroad passenger terminals
Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Reception halls – Must be approved for an alcohol license by the Alcohol and Beverage
Control Board
Recreation facilities, commercial
Repair and service shops – limited to small equipment, household items, clothing and
furnishings, but not motor vehicle repair or service. All work must be done inside
Appendix H - Permissible Uses
H-24
March 2015
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enclosed buildings and all storage of materials must be inside closed buildings. Shops
not to exceed 2500 square feet of floor area.
Research parks
Restaurants
Restaurants serving alcohol
Retail sales
Roadside sale of fruits and vegetables grown on the site where offered for sale
Service companies
Single family dwellings
Snowball stands
Special homes
Theaters – must be approved for an alcohol license by the Alcohol and Beverage Control
Board.
Town homes
Wireless transmitting and receiving
Zero lot residential
Conditional Uses
 Surface Parking
CG Commercial Gaming, Legalized Gambling, and Games of Chance District (See Section
8.210.2)
Permitted Uses
 Any uses listed in the preceding zoning districts.
 Gaming, legalized gambling and games of chance
 Off-track betting parlors
Conditional Uses
 None
CW Commercial Warehousing District (See Section 8.210c)
Permitted Uses – Indoor storage areas are limited to 100,000 gross square feet of area per
lot.
 Assembly of previously manufactured furniture and electronic components
 Assembly of previously manufactured parts – Noise levels must not exceed seventy
decibels at the property line. No smoke may be emitted at periods of normal operation
that exceed a density of Number One on Ringlemann's scale. No odors, gas fumes may
be emitted beyond the property line. All vehicular use areas shall have dust free
paving.
 Billboards
 Bulk dairy products retail
 Cabinet shops and millwork shops
 Cold storage or refrigerating plants
 Contractors
 Distribution
 Financial Institutions
 Heavy equipment sales and service
 Laboratories
 Mini-storage facilities
 Motor vehicle sales, service and repair
 Movie studio with no outdoor storage
Appendix H - Permissible Uses
H-25
March 2015
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Offices
Off-street parking
Parking facilities, multi-level
Parking lots
Petroleum products, bulk terminals
Public open spaces
Public parks
Railroad freight terminals
Railroad passenger terminals
Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Recreation facilities, commercial
Repair and service shops – Limited to small equipment, household items, clothing and
furnishings, but not motor vehicle repair or service. All work must be done inside
enclosed buildings and all storage of materials must be inside enclosed buildings.
Research parks
Restaurants
Retail sales
Service companies
Truck terminals
Warehouses or storage buildings
Wholesale trade
Wireless transmitting and receiving facilities
Conditional Uses
 None
Prohibited Uses
 Residential Uses
CW1 Commercial Warehousing One District (See Section 8.210c.1)
Permitted Uses – Indoor storage areas are limited to 50,000 gross square feet of area per
lot.
 Assembly of previously manufactured furniture and electronic components
 Assembly of previously manufactured parts – Noise levels must not exceed seventy
decibels at the property line. No smoke may be emitted at periods of normal operation
that exceed a density of Number One on Ringlemann's scale. No odors, gas fumes may
be emitted beyond the property line. All vehicular use areas shall have dust free
paving.
 Billboards
 Bulk dairy products retail
 Cabinet shops and millwork shops
 Cold storage or refrigerating plants
 Contractors
 Distribution
 Financial Institutions
 Heavy equipment sales and service
 Laboratories
 Mini-storage facilities
 Motor vehicle sales, service and repair
Appendix H - Permissible Uses
H-26
March 2015
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Movie theater with no outdoor storage
Offices
Off-street parking
Parking facilities, multi-level
Parking lots
Petroleum products, bulk terminals
Public open spaces
Public parks
Railroad freight terminals
Railroad passenger terminals
Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Recreation facilities, commercial
Repair and service shops – Limited to small equipment, household items, clothing and
furnishings, but not motor vehicle repair or service. All work must be done inside
enclosed buildings and all storage of materials must be inside enclosed buildings.
Research parks
Restaurants
Retail sales
Service companies
Truck terminals
Warehouses or storage buildings
Wholesale trade
Wireless transmitting and receiving facilities
Conditional Uses
 None
Prohibited Uses
 Residential Uses
CW2 Commercial Warehousing Two District (See Section 8.210c.2)
Permitted Uses – Indoor storage areas are limited to between 50,001 and 100,000 gross
square feet of area per lot.
 Assembly of previously manufactured furniture and electronic components
 Assembly of previously manufactured parts – Noise levels must not exceed seventy
decibels at the property line. No smoke may be emitted at periods of normal operation
that exceed a density of Number One on Ringlemann's scale. No odors, gas fumes may
be emitted beyond the property line. All vehicular use areas shall have dust free
paving.
 Billboards
 Bulk dairy products retail
 Cabinet shops and millwork shops
 Cold storage or refrigerating plants
 Contractors
 Distribution
 Financial Institutions
 Heavy equipment sales and service
 Laboratories
 Mini-storage facilities
Appendix H - Permissible Uses
H-27
March 2015
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Motor vehicle sales, service and repair
Movie studio with no outdoor storage
Offices
Off-street parking
Parking facilities, multi-level
Parking lots
Petroleum products, bulk terminals
Public open spaces
Public parks
Railroad freight terminals
Railroad passenger terminals
Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Recreation facilities, commercial
Repair and service shops – Limited to small equipment, household items, clothing and
furnishings, but not motor vehicle repair or service. All work must be done inside
enclosed buildings and all storage of materials must be inside enclosed buildings.
Research parks
Restaurants
Retail sales
Service companies
Truck terminals
Warehouses or storage buildings
Wholesale trade
Wireless transmitting and receiving facilities
Conditional Uses
 None
Prohibited Uses
 Residential Uses
CW3 Commercial Warehousing Three District (See Section 8.210c.3)
Permitted Uses – Indoor storage areas are limited to over 100,000 gross square feet of area
per lot.
 Assembly of previously manufactured furniture and electronic components
 Assembly of previously manufactured parts – Noise levels must not exceed seventy
decibels at the property line. No smoke may be emitted at periods of normal operation
that exceed a density of Number One on Ringlemann's scale. No odors, gas fumes may
be emitted beyond the property line. All vehicular use areas shall have dust free
paving.
 Billboards
 Bulk dairy products retail
 Cabinet shops and millwork shops
 Cold storage or refrigerating plants
 Contractors
 Distribution
 Financial Institutions
 Heavy equipment sales and service
 Laboratories
Appendix H - Permissible Uses
H-28
March 2015
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Mini-storage facilities
Motor vehicle sales, service and repair
Movie studio with no outdoor storage
Offices
Off-street parking
Parking facilities, multi-level
Parking lots
Petroleum products, bulk terminals
Public open spaces
Public parks
Railroad freight terminals
Railroad passenger terminals
Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Recreation facilities, commercial
Repair and service shops-Limited to small equipment, household items, clothing and
furnishings, but not motor vehicle repair or service. All work must be done inside
enclosed buildings and all storage of materials must be inside enclosed buildings.
Research parks
Restaurants
Retail sales
Service companies
Truck terminals
Warehouses or storage buildings
Wholesale trade
Wireless transmitting and receiving facilities
All permitted uses in the CW 1 District
Conditional Uses
 None
Prohibited Uses
 Residential Uses
M1 Light Industrial District (See Section 8.211)
Permitted Uses
 Animal hospitals and kennels – Animals may be kept outside.
 Art galleries
 Art studio – No outside production or storage
 Billboards
 Bookbinderies
 Bottled gas sales and/or service
 Bulk dairy products retail
 Bus terminals
 Cabinet shops and millwork shops
 Car washes
 Cemeteries and mausoleums
 Child care centers
 Clubs
 Cold storage or refrigerating plants
Appendix H - Permissible Uses
H-29
March 2015
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Concrete mixing or batching plants
Contractors storage yards
Dry cleaners
Educational, religious, and philanthropic institutions
Farmers' markets
Financial Institutions
Food products manufacturing
Foundry, casting lightweight nonferrous metal (no brass, manganese, bronze, zinc)
Funeral homes
Gas stations, full-serve
Gas stations, self-serve
Glass installation
Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
Grain elevators
Greenhouses, commercial
Health clubs
High-Tech manufacturing – non-routine economic activities directed toward developing
new products and processes and toward small-volume production of innovative
products and services.
Historic site tours and exhibitions – site or structures must be listed on the National
Register of Historic Places. All parking areas must be completely screened (see parking
screening in Appendix D) from the street and adjacent residences.
Hospitals
Hotels and motels
Indoor Firing Range – firing range structures must be located a minimum of 300 feet
from the property line of any residential use or any residential zoning district.
Medical clinics
Medical laboratories
Motor vehicle sales, service and repair
Movie studio with no outdoor storage
Movie studio with outdoor storage
Nurseries, commercial
Open storage
Personal service shops
Poultry processing plants – with consent of neighbors
Railroad freight terminals
Railroad passenger terminals
Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Recreation facilities, commercial
Retail sales
Roadside sale of fruits and vegetables grown on the site where offered for sale
Storage of wrecked vehicles, temporarily for a maximum of 180 days for insurance
purposes only
Television and Radio broadcasting transmitters
Well drilling services
Wireless transmitting and receiving facilities
Conditional Uses
 None
Appendix H - Permissible Uses
H-30
March 2015
Prohibited Uses
 Residential
 Adult businesses
 Commercial gaming
 Junk and auto salvage yards
 Sale or serving of alcoholic beverages for consumption on the premises
M2 Heavy Industrial District (See Section 8.212)
Permitted Uses
 Animal hospitals and kennels – Animals may be kept outside.
 Art galleries
 Art studio – No outside production or storage
 Bars and lounges
 Billboards
 Bookbinderies
 Bottled gas sales and/or service
 Bulk dairy products retail
 Bus terminals
 Cabinet shops and millwork shops
 Car washes
 Cemeteries and mausoleums
 Child care centers
 Clubs
 Cold storage or refrigerating plants
 Concrete mixing or batching plants
 Contractors storage yards
 Dry cleaners
 Educational, religious, and philanthropic institutions
 Farmers' markets
 Financial Institutions
 Food products manufacturing
 Foundry, casting lightweight nonferrous metal (no brass, manganese, bronze, zinc)
 Funeral homes
 Gas stations, full-serve
 Gas stations, self-serve
 Glass installation
 Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
 Grain elevators
 Greenhouses, commercial
 Health clubs
 Historic site tours and exhibitions – site or structures must be listed on the National
Register of Historic Places. All parking areas must be completely screened (see parking
screening in Appendix D) from the street and adjacent residences.
 Hospitals
 Hotels and motels
 Indoor Firing Range – firing range structures must be located a minimum of 300 feet
from the property line of any residential use or any residential zoning district.
 Junk yards, auto salvage or scrap yards
 Medical clinics
Appendix H - Permissible Uses
H-31
March 2015
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Medical laboratories
Motor vehicle sales, service and repair
Nurseries, commercial
Personal service shops
Railroad freight terminals
Railroad passenger terminals
Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Recreation facilities, commercial
Roadside sale of fruits and vegetables grown on the site where offered for sale
Storage of wrecked vehicles, temporarily for a maximum of 180 days for insurance
purposes only
Television and Radio broadcasting transmitters
Well drilling services
Wireless transmitting and receiving facilities
Conditional Uses
 None
Prohibited Uses
 Residential
 Adult businesses
 Commercial gaming
Rural District (See Section 8.213)
Permitted Uses
 Agricultural or farming activities
 Single family dwellings
 Conservation Areas, nature or game
 Country clubs – A site of at least five (5) acres with all activities and parking to be kept
at least 50 feet from side and rear property lines.
 Golf courses, ancillary facilities including club house, pro shop, restaurant, and
maintenance facilities
 Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
 Historic site tours and exhibitions – site or structures must be listed on the National
Register of Historic Places. All parking areas must be completely screened (see parking
screening in Appendix D) from the street and adjacent residences.
 Grain elevators
 Home occupations
 Hospitals – Site must be at least ten (10) acres or more and buildings shall not occupy
more than ten (10) percent of the site area, and that buildings be setback from all yard
lines a distance of at least one foot for each foot of building height. Must be located on
a major street.
 Mobile homes – See Section 8.213 special requirements.
 Public open spaces
 Public parks
 Railroad passenger terminals
 Railroad rights-of-way with tracks and auxiliary facilities for track operation (but not
including passenger stations, freight terminals, switching and classification yards,
repair shops, roundhouses, power houses and fueling, or other maintenance uses).
Appendix H - Permissible Uses
H-32
March 2015
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Roadside sale of fruits and vegetables grown on the site where offered for sale
Storage of farm products
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 Above Ground Pipeline facility – for the transport of product (but not including
storage of bulk materials) with land area containing more than one-half acre.
 Bed and breakfast home – Limited to four (4) guestrooms within National Register
Historic Districts or Sites or homes listed on the National Register of Historic Places or
within homes a minimum of fifty (50) years old. All parking areas must be completely
screened (see parking screening in Appendix D) from the street and adjacent residences.
No signage is allowed. Must be owner occupied. Shall be located on a lot or tract with a
minimum size of one acre. Guests are limited to a maximum stay of seven consecutive
days. Homes that qualify based upon the fifty (50) year old requirement shall not be
located within a recognized residential subdivision unless the lot has frontage on a
designated major street.
 Cemeteries and mausoleums – Must be located on a major street. All graves and
buildings shall be setback at least fifty feet from all property lines. Shall not be located
within a recognized residential subdivision.
 Childcare centers, Preschools including Head Start and other Pre-Kindergarten
programs – Enrollment is limited to ten children. Hours of operation are between 6:30
a.m. and 6:30 p.m. A six (6) foot solid wooden fence is required between adjacent
residences and outdoor play areas. No signage is allowed. Must be owner occupied. All
parking areas must be completely screened (see parking screening in Appendix D) from
the street and adjacent residences. Shall not be located within a recognized residential
subdivision.
 Commercial horse stables and equestrian facilities
 Educational, religious, and philanthropic institutions – Plan Review is required for
all such uses. Site Plan criteria shall be submitted as required in Section 4.101 Plan
Review of the Unified Development Code.
 Respite care centers
 Snowball stands
 Wireless transmitting and receiving facilities
RE/A 1 Residential Estate/Agriculture One District (See Section 8.213(a)(1))
Permitted Uses – All lots in a development shall be a minimum of one (1) acre
 Single family residential
 Agricultural activities
 Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 Above Ground Pipeline facility – for the transport of product (but not including
storage of bulk materials) with land area containing more than one-half acre.
 Bed and breakfast home – Limited to four (4) guestrooms within National Register
Historic Districts or Sites or homes listed on the National Register of Historic Places or
within homes a minimum of fifty (50) years old. All parking areas must be completely
screened (see parking screening in Appendix D) from the street and adjacent residences.
No signage is allowed. Must be owner occupied unless located on a tract of five (5) acres
or more. Shall be located on a lot or tract with a minimum size of one (1) acre. Guests
are limited to a maximum stay of seven (7) consecutive days. Homes that qualify based
Appendix H - Permissible Uses
H-33
March 2015
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upon the fifty (50) year old requirement shall not be located within a recognized
residential subdivision unless the lot has frontage on a designated major street.
Cemeteries and mausoleums – Must be located on a major street. All graves and
buildings shall be setback at least fifty (50) feet from all property lines. Shall not be
located within a recognized residential subdivision.
Commercial horse stables and equestrian facilities – Shall not be located within a
recognized residential subdivision.
Educational, religious, and philanthropic institutions – Plan Review is required for
all such uses. Site Plan criteria shall be submitted as required in Section 4.101 Plan
Review of the Unified Development Code.
Recreational facilities – Only monument signs allowed. Any facility located adjacent to
a recognized residential subdivision must provide a Buffer Yard B as shown on
Appendix D-4 of this Code.
Wireless transmitting and receiving facilities – Shall follow the requirements for
Wireless Site Plan approval in Section 14.4.
RE/A 2 Residential Estate/Agriculture Two District (See Section 8.213(a)(2))
Permitted Uses – All lots in a development shall be a minimum of two (2) acres
 Single family residential
 Agricultural activities
 Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 Above Ground Pipeline facility – for the transport of product (but not including
storage of bulk materials) with land area containing more than one-half acre.
 Bed and breakfast home – Limited to four (4) guestrooms within National Register
Historic Districts or Sites or homes listed on the National Register of Historic Places or
within homes a minimum of fifty (50) years old. All parking areas must be completely
screened (see parking screening in Appendix D) from the street and adjacent residences.
No signage is allowed. Must be owner occupied unless located on a tract of five (5) acres
or more. Shall be located on a lot or tract with a minimum size of one (1) acre. Guests
are limited to a maximum stay of seven (7) consecutive days. Homes that qualify based
upon the fifty (50) year old requirement shall not be located within a recognized
residential subdivision unless the lot has frontage on a designated major street.
 Cemeteries and mausoleums – Must be located on a major street. All graves and
buildings shall be setback at least fifty (50) feet from all property lines. Shall not be
located within a recognized residential subdivision.
 Commercial horse stables and equestrian facilities – Shall not be located within a
recognized residential subdivision.
 Educational, religious, and philanthropic institutions – Plan Review is required for
all such uses. Site Plan criteria shall be submitted as required in Section 4.101 Plan
Review of the Unified Development Code.
 Recreational facilities – Only monument signs allowed. Any facility located adjacent to
a recognized residential subdivision must provide a Buffer Yard B as shown on
Appendix D-4 of this Code.
 Wireless transmitting and receiving facilities – Shall follow the requirements for
Wireless Site Plan approval in Section 14.4.
RE/A 3 Residential Estate/Agriculture Three District (See Section 8.213(a)(3))
Permitted Uses – All lots in a development shall be a minimum of three (3) acres
 Single family residential
Appendix H - Permissible Uses
H-34
March 2015
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
Agricultural activities
Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
Conditional Uses (See Section 4.101 – Site Plan Review and Section 8.106
Conditional Uses)
 Above Ground Pipeline facility – for the transport of product (but not including
storage of bulk materials) with land area containing more than one-half acre.
 Bed and breakfast home – Limited to four (4) guestrooms within National Register
Historic Districts or Sites or homes listed on the National Register of Historic Places or
within homes a minimum of fifty (50) years old. All parking areas must be completely
screened (see parking screening in Appendix D) from the street and adjacent residences.
No signage is allowed. Must be owner occupied unless located on a tract of five (5) acres
or more. Shall be located on a lot or tract with a minimum size of one (1) acre. Guests
are limited to a maximum stay of seven (7) consecutive days. Homes that qualify based
upon the fifty (50) year old requirement shall not be located within a recognized
residential subdivision unless the lot has frontage on a designated major street.
 Cemeteries and mausoleums – Must be located on a major street. All graves and
buildings shall be setback at least fifty (50) feet from all property lines. Shall not be
located within a recognized residential subdivision.
 Commercial horse stables and equestrian facilities – Shall not be located within a
recognized residential subdivision.
 Educational, religious, and philanthropic institutions – Plan Review is required for
all such uses. Site Plan criteria shall be submitted as required in Section 4.101 Plan
Review of the Unified Development Code.
 Recreational facilities – Only monument signs allowed. Any facility located adjacent to
a recognized residential subdivision must provide a Buffer Yard B as shown on
Appendix D-4 of this Code.
 Wireless transmitting and receiving facilities – Shall follow the requirements for
Wireless Site Plan approval in Section 14.4.
GU Governmental Use District (See Section 8.214)
Permitted Uses
 Civic Center Buildings and facilities including auditorium(s), coliseum(s), and exhibition
and convention center(s).
 Cultural buildings and facilities including museums, art centers, libraries, music
centers, and similar cultural facilities and exhibition uses.
 Governmental buildings and facilities, Police, Fire, EMS, libraries, Post Office, offices
and other facilities utilized for governmental functions and activities.
 Parking facilities, multi-level
 Parking lots
 Public open spaces including parks and recreation facilities and plazas.
Conditional Uses
 None
X Adult Businesses District (See Section 8.215)
Permitted Uses
 Adult bookstores
 Adult motion picture theaters
 Exotic dancers
Appendix H - Permissible Uses
H-35
March 2015
Conditional Uses
 None
Planned Unit Development (See Section 8.216.H)
Permitted Uses
 All zoning districts except X. See definition of assembly in Chapter 2.
Small Planned Unit Development (See Section 8.216.I)
Permitted Uses
 Zoning districts A1 through M1. See definition of assembly in Chapter 2.
Infill/Mixed Use Small Planned Unit Development (See Section 8.216.J)
Permitted Uses
 Zoning districts A1 through C5. See definition of assembly in Chapter 2.
Traditional Neighborhood Development (See Section 8.217)
Permitted Uses
 All zoning districts except X and M2. See definition of assembly in Chapter 2.
Urban Design District One (See Section 8.218)
Permitted Uses
 Financial institutions without drive-thru.
 Medical clinics (no public visitation after 9:00 P.M.)
 Offices
 Public open spaces
 Public parks
Conditional Uses
 None
Urban Design District Two (See Section 8.219)
Permitted Uses
 Permitted uses in Neighborhood Office zoning districts, not including the following:
 Animal hospitals
 Child care centers
 Schools or preschools
 Governmental facilities
 Parking lots
 Public open spaces
 Public parks
 Financial institutions without drive-thrus and without walk-up ATMS that operate
beyond normal business hours.
Conditional Uses
 None
Appendix H - Permissible Uses
H-36
March 2015
Urban Design District Three (See Section 8.220)
Permitted Uses
 Animal hospitals – all animals are kept inside a building.
 Art Galleries
 Art studio – No outside production or storage
 Bed and breakfast inns – limited to a maximum of ten (10) guestrooms
 Child care centers
 Financial institutions without drive-thrus
 Medical clinics
 Nursing homes
 Offices
 Personal services and retail shops
 Restaurant
 Restaurant serving alcohol
 Retail sales
Conditional Uses
 None
Urban Design District Four (See Section 8.221)
Permitted Uses
 Single family residential
 Townhomes and duplexes
 Office buildings with a maximum of 6,000 gross square feet of floor area
Conditional Uses
 None
Appendix H - Permissible Uses
H-37
March 2015
Appendix G
URBAN DESIGN OVERLAY DISTRICTS
LEGEND
UDD1 SUBAREA LABELS
25
LEE
LOT LABELS
STREET NAME LABELS
UDD1 OVERLAY DISTRICT
UDD1 SUBAREA BOUNDARIES
LOT GRAPHIC
CPPC
Urban Design District 1
Bluebonnet Boulevard
SCALE = 1:4,800
0
100 200 300 400
Feet
DR
NT
IE
R
BL
VD
N
BA
NC
RO
FT
VE
DR
FO
UN
TA
IN
DR
U
LE
E
BA
YO
DR
DE
LA
VI
LL
E
DU
PL
A
W
ES
TM
ON
T
4
HI
G
HL
AN
D
UN
BR D
UN OW
N
UN D
UN D
D
RD
BO
BU
RG
IN
UND
C
UN
D
AV
E
E
D
D
JM
6
UN
D
OR
GA
N
5
BU
R
BA
NK
DR
W
LE
E
DR
BA
YO
U
FO
UN
TA
IN
BE
N
HU
R
R
D
E
AG
AIN
DR
LEGEND
25
LEE
DRAINAGE
LOT LABELS
STREET NAME LABELS
UDD2 BOUNDARY
LOT GRAPHIC
CPPC
Urban Design District 2
Highland Road
0
SCALE = 1:4,800
100 200 300 400
Feet
JOOR RD
COURTLAND DR
CRESTAIRE DR
SYBLE DR
N FARRINGTON DR
R
LE D
STRATTON DR
KIMBERLY DR
S YB
D
SR
OAK VILLA BLVD
EN
GRE
G
RIN
L SP
WEL
WOODGLYNN DR
HAMPTON WAY
FARRINGTON DR
COURTLAND CIR
MARYDON DR
WOODCREST DR
DORCHESTER DR
KIMBERLY WAY
GRAHAM DR
GRAHAM DR
LEGEND
A
Lot Labels
A
Street Name Labels
UDD3 Boundary
RATON AVE
Lot Graphic
CPPC
Urban Design District 3
Oak Villa Boulevard
FELLSWAY DR
Area B
CRATER LAKE DR
Area A
0
SCALE = 1:4,800
100 200 300 400
Feet
26
28
44
45
29
30
42
43
31
32
33
41
40
47
48
51
50
10
9
52
6
4
5
3
2
3
20
289
7
UND
29
16
TR. B-B-1
B-1-B
B-1-A
C-2
-A-2
-1
B-3
TR.
C
A-K
A-L
TR. A-M
13
342
27
1
24
25
1
1
1
22
23
1
1
34
39
11
1-A
44
TR. E
5
TR. H-1-A-1
2
1
2-A
259-A
45
7
TR. A-2
327-A
8
272
271
282
273
280
281
275
274
278
279
325
326
322
5-B-1
21
20
19
36
35
37
38
D
C
B
160
563
561
562
X-2-A
UND
E-3-1
12
1
1 03
1 04
1 05
1 06
1007
8
1
1 09
1 10
1 11
1112
11 3
4
412
SH
AR
PR
D
413
A
UND
410
1
1
1
467
468
458
457
456
455
353
465
466
460
459
454
453
355
354
464
462
461
357
356
6
359
358
374
58
57
24
25
585
584
582
583
564
565
566
560
E-3-2
377
378
379
409
99
79
78
77
59
23
586
581
580
567
559
557
558
11
326
289
288
245
287
286
380
10
0
10
1
81
80
75
76
60
61
20
22
21
589
588
587
579
578
569
568
570
556
555
10-A-2
102
94
93
92
82
74
73
63
62
19
590
577
576
571
572
554
414
261
262
263
259
246
258
310
283
284
285
247
257
248
282
309
103
TR. Y-3-A
223
224
222
221
220
264
265
256
281
308
104
91
83
72
64
18
591
592
593
574
575
29
30
594
2-B-1-B-1
2-B-1-B-2
4
43
33
32
35
34
219
218
266
267
255
254
250
251
279
280
307
306
105
106
89
90
84
70
71
65
66
16
17
15
13
12
11
10
14
15
16
17
Y-2
37
36
253
252
107
88
87
86
85
150
149
148
147
278
170
99
171
98
97
94
95
96
9
8
7
56
1
34
110
2
1
1132
1154
25
24
23
22
21
34
33
32
573
2-B-1-A
29
6
5
116
2-A-1-A-1
14
15
146
145
67
144
141
66
143
33
32
8
9
7
31
30
29
28
11
10
13
27
26
14
25
15
59
58
57
56-A
54
55-A
12
63
64
65
142
73
78
35
74
82
37
36
39
34
81
77
89
86
94
98
40
38
99
100
102
42
41
103
105
108
104
106
45
44
43
111
109
110
112
114
45
31
32
26
27
28
7
8
87
88
37
36
42-A
41
33
25
9
13
G
52
-11
-A-2
A-A-2
356
58
B-1-B-1
UDOD9
BOUNDARY
T
53-A
52-A-1
53-B
9
10
51-B-1
LOT
GRAPHIC
11
12
54-A-1
55-A-1
55-B-1
-1
A-A-2-A-10
C-2-A-1
54-A-2
15
15
TR.
11
12
8
9
10
6
7
3
4
5
1
14
LOT NUMBERS
D
12
6
10
8
8
9
39
.O
TR
34
F
24
.O
EM
D-2-2
23-A
10
R
UND
1
11
TR. N
M-2
22-A
P.S. SITE
2
352
224
223
D
1-A
-2-
STREET NAME LABELSA-A
TR. X
225
354
355
B-2
Y-2
Y-1-B
Y-1-C-2
14
-1
A-1-B
Y-1-C-1
227
1
11
A
TR. A-1-A
Y-1-A
226
C
D-1
LEGEND
12
ATE
RST
INTE
TR.
353
A-1
D-1-B
TR.
21
22
23
24
5-D
343
TR. O-1-A
TR. D-2
10-A-1
228
21-A
29
28
27
TR. D-1-A
1
2
10
3
16
11
4
17
12
UND
18
5
19
6
20
13
7
14
8
15
9
9
43
42
41
9
40
10
39
11
38
12
37
36
26
24
-A
X-1-A
5-A
-2
4-C
26
25
COMMON PROP.
1
24
23
2
22
3
21
4
20
5
19
6
18
7
17
8
16
9
15
10
14
11
13
12
LOT B-1-A
234
TR. X
X-3-A
6
E SALASSI
161
B-3-A
TR. Y
24
236
235
UND
B-2
19
295
295-A
64
20-A
297
296
20
21-A
A
26
321
321-A
22
65
98-A
63
25
237
44
65-A
2
3
4
5
238
294
45
23
64-A
18
293
43
66
98
46
24
1
2
41
25
67
96
62
27
26
68
97
61
17-A
292
299
298
95
60
LOT A-2-A
300
319
94
6
7
8
9
10
23
239
Urban Design Overlay District 9
Old Hammond Highway
21
22
240
320
58
59
14
13
291
69
93
15-A
301
243
241
92
57
X-1-B
317
4-A
242
56
54
A-1-A-1
290
53
A-1-A-2
302
70
25
121
194
-1
-B
-A
CPPC
A
-1-
4-A-1
TR. C
-B
A
316
6-A
245
244
2-B-1-D
B
-14-C
-1
289
246
3-B
13
4-C
3-A
-1
4-B
1-A
K-
288
318
119
123
304
303
3-A
TR. A
29
28
314
315
91
11
287
99-A
12
305
H-2-A-1
313
120
2-B-1-C
12
9
286
71
115
40
27
4
8
285
306
72
90
5
35
34
307
312
2-B
247
30
311
30
26
2-A
33
32
31
34
33
89
100-A
3
13
14
15
16
17
284
31
27
4
248
19
20
283
308
32
56
1-A
18
55
596
597
308-A
310
35
54
4-A
5-A
309
36
101-A
114
55
22-B
G
52
6
1-B
TR. C
37
51
96
73
77
54
53
52
51
50
49
48
47
46
52
51
50
49
48
47
46
5
263-A
249
88
46
ER
T7Y
11
5
TR. A
38
102-A
113
39
28
TR. O-1-B
2
3
4
UND
49
95
261-A
264-A
112
74
TR.
B
1
3
50
97
14
595
266
13
265
67
267
12
270
11
268
C-1-A
11
6
49
8
OP
14
262-A
39
68
10
259-B
47
48
PR
15
260-A
269
116
118
117
115
112
113
114
B-1
RCH
CHU
75
87
31
10
9
8
7
6
5
4
3
2
1
UND
T
PTIS
T BA
RES
ARC
CED
40
46
ON
13
41
45
RT
7
42
53
69
BA
10
43
110
8
Y-3-B
Y-1-B
A-1
6
10
0
99
98
96-A
95
94
93
92
37-A
38-A
39-A
40-A
41-A
42-A
43-A
11
E
TR. Z-1-A
Y
TR.
N
1
B
404-A
TR.
416
417
2 -A 21-A 36
5 1 0-A
22-A 35
6 189-A
23-A 34
7
24 33
17
8
UND 32-A
25-A 31-A
16
9
1
5
26-A 30-A
10
11 1134
27-A 29-A
12
E-1
391-A
C
111
10
260
315
389
98
4-A-1
22
23
24
403-A
4
5
B
121
402-A
392-A
390
6A
3.29
2
9
31
111
119
120
401-A
3
C-1-B
35
93
113
112
A-1-A
20
47
92
-1
20
21
394-A
393-A
388
122
3-B
TA
LO
1-A
B-
91
45
46
387
-A
2-B
X-
19
7
11
118
115
114
90
A
-1.A
TR
89
44
1-B
A-
43
2
314-A
386
304
1
X-
16
18
400-A-1
BREC
X-2
3
17
399-A-1
395-A
1
3-A
Y-
-1
.B
TR
2
396-A
385
108
7
9
D
UN
1
384
313-A
8
30
.W
TR
86
28
27
26
-A
312-A
303
D-2
19
18
Y-2
D-1-A
7
6
5
-2
.R
TR
-1
.R
TR
44-A
40-A
46
45
44
43
42
41
40
39
38
UN
D
1-A
Y-
104
105
106
107
108
109
110
1
51
50
49
48
47
B
93
94
95-A
96-A
97-A 101-A
98-A 102-A
99-A 103-A
100-A
E-1
302
298
297
296
88
89
90
91
92
E-2
299
295
154
UND
1
2
3
4
UND
398-A
294
155
X
UND
58
57
56
55
54
53
52
-2
1-B
Y-
3-B
40-B
-A
-1-A
8
84
865
87
38
2A
397-A
317
B-1
-BY1-1-B
-B
446
383-A
109
B-2
3-A
UND
Y-1
S-3-A
8
83
82
801
79
UND
A-2
A-1
447
445
311
316
B-3
C
9
10-A
Y
-1
1-C
B-
B
113
118
115 112
117 UND
114 111
116
LOT A
12 17
11 18
10 19
9 20
8 21
7 22
PARCEL B
6 23
5 24
4 25
3 26
2 27
28 A
1PARCEL
10-B
X
14
156
153
73
74
75
76
77
78
249
13
444
425
301
320
12
426
372
300
293
319
11
15-B
15-A
292
157
318
16
60
59
58
57
56
72
71
70
69
68
67
66
305
17
371
330
TR. X
B-3
18
331
244
1
2
3
4
13
JO
H
102
D
38
1
291
158
185
61
62
63
64
65
290
159
CA
22
277
160
322
23
21
276
161
184
112
167
18
290-A
3 1-A
-A 119
48 332-A 201
3-A 2
49-A 47
3
9
6
4
4
2
4-A
501
454 3 5-A 2234
52
4 3 3 -A 225
53
4 2 36 -A 26
54
4 1 37 -A 27
5
4
38
55-A 40 39-A 28
24
20
16
15
14
13
PARCEL C
25
10-C
0
14
68
9
19
B-1
71
69
26
B-2
136
70
B-4-1-1
-D
135
139
162
321
28
138
72
275
152
27
78
30
82
80
B-2
B-4-1-2-
31
81
B-1
B-4-1-2-
77
73
163
268
17
16
18-A
2
34
341
62
DR
AIN
AG
E
2
33
93
24
23-A
22-A-1
29
34
A
32
1-H
B-
93
46
-A
27
B-4-1-2-
76
243
323
183
79
274
324
111
61
273
164
10
B-1-A-1-A
37
5
110
B-4-2-B
165
415
Y-1-A
114
182
242
448
276
181
449
443
277
109
75
442
427
5-C-1
180
115
60
428
370
376
108
134
53
369
332
411
116
137
52
205
133
74
D
204
179
203
107
202
117
201
132
19
200
83
51
199
6
20
198
178
50
196
177
106
21-A
49
340
195
105
118
85
119
131
101
130
84
107
85
5
113
86
4
339
343
333
241
86
103-B
17
3
176
272
103-A
14
RO
W
B-1-B-1-B-1
450
111
UND
175
104
271
166
15
GS
U
B2
38
29
18
103
120
167
172
B-3
30
TR. Y
121
129
441
77
19
128
48
440
429
78
85
42
87
338
430
368
84
104
4-A
B-
2
344
367
334
240
105
110
1
174
90
335
239
109
26
25
24
23
22
21
20
19
18
76
17
75
16
74 32
22-A 21
15
73
14
33
72
13
34
71
12
F D PHILIPS20
70
1
35
1
69
10
36
68
9
17
19
37
67
8
38
66
7
39
16
18
65
6
40
5
64
41
4
42
63
3
43
62
2
44
61
1
60
45
59
58
57
56
55
173
102
47
270
16
78
79
80
81
82
83
84
85
86
87
88
89
90
91
101
122
337
269
2
117
123
127
336
91
169
168
118
76
E-2
126
88
346
345
439
419
89
1
26
431
35
418
32
25
366
2
100
92
29
18
17
1
125
336
238
28
438
432
422
90
124
347
31
194
437
433
421
30
335
365
420
334
24
364
337
237
423
348
23
338
236
329
333
363
435
424
332
349
362
339
327
350
340
328
21
22
97
331
361
45
58
19
351
341
235
193
20-A
233
225
45
18
151
72
76
80
84
88
17
UND
71
75
79
87
83
95
91
92
16
360
234
197
96
55
56
57
192
2-A-1-B-1
3
3
14-A
3
54
191
342
463
15
53
232
226
212
49
39
52
211
190
350
B-4-A
4
43
14
46
13
38
227
48
37
29
231
47
330
51
228
45
329
352
70
48
229
28
206
353
12
113
20
36
47
27
43
328
50
38
49
44
354
18
19
19-A
210
46
31
327
39
189
69
40
209
188
30
326
355
11
217
356
10
35
216
15
16
17
34
214
357
49
215
14-B
325
68
213
324
OOL
358
51-A
50-A-4
50-A-3
50-A-2
50-A-1
7
8
19
20
21
22
23
24
SCALE = 1:9,600
0 200 400 600 800
Feet
1
2
3
4
5
6
13
14
15
16
17
18
A-1
Mississippi River
June 2015
Old Town Redevelopment
Overlay District
0
1000 2000 3000
Feet
S EUGENE ST
ST ROSE AVE
EVERGREEN DR
DELPHINE ST
S 21ST ST
S 20TH ST
S 22ND ST
SPAIN ST
CEDAR WAY
JURA ST
OLEANDER ST
S EUGENE ST
OLEANDER ST
DREHR AVE
S 22ND ST
CAMELIA AVE
WISTERIA ST
LAVINIA ST
ST ROSE AVE
GOVERNMENT ST
CORK ST
CHEROKEE AVE
TULIP ST
LESSMAN LN
RITTNER DR
MC GRATH AVE
OLIVE ST
MYRTLE AVE
E
KLEINERT AVE
LEGEND
HISTORIC DISTRICT BOUNDARY
LEE
TERRACE AVE
STREET NAME LABELS
LOT GRAPHIC
CPPC
Drehr Place
Local Historic District
SCALE = 1:4,800
0
100 200 300 400
Feet
MAIN ST
Spanish Town Local Historic District
11TH ST
N 9TH ST
0
200
400
600
Designated Area
N 12TH ST
NORTH ST
CANAL ST
INTERSTATE 110
PRISCILLA LN
N 13TH ST
N 11TH ST
CANAL ST
N 10TH ST
N 9TH ST
N 8TH ST
BUNGALOW LN
LUCILLA LN
UNIVERSITY WALK
N 8TH ST
N 7TH ST
N 6TH ST
COSTELLO LN
N 7TH ST
N 6TH ST
LAKELAND DR
ST
Appendix G
N 5TH ST
APITOL
TH
5TH ST
C
STATE
11
N 4TH ST
N
N 3RD ST
RIVER RD
OL LA
CAPIT
D
KE R
CAPITOL ACCESS RD
STATE CAPITOL DR
DR
SPANISH TOWN RD
SPANISH TOWN R
DOOLEY A
800 ft
HEIGHT AND YARD REQUIREMENTS BY ZONING DISTRICTS
USE
DISTRICT
MAXIMUM
HEIGHT &
STORIES
MINIMUM
FRONT
YARD
MINIMUM
SIDE
YARD
MINIMUM
REAR YARD
MINIMUM
LOT WIDTH
MINIMUM
LOT
AREA
MAXIMUM
GROSS UNITS
PER ACRE
Single Family
Residential
A1
35' - 2 1/2
15'
8'
25'
75'
10,500 sq ft
4.1
Single Family
Residential
A2
35' - 2 1/2
15'
5'
25'
60'
7,500 sq ft
5.8
Zero Lot Line District
A2.1
35' - 2 1/2
15'
5' one side
25'
40'
5,500 sq ft
7.9
Town House District
A2.5
35' - 2 1/2
10'
NA
20'
20'
2,000 sq ft
11.5
Zero Lot Line District
A2.6
35' - 2 1/2
20'
5' one side
20'
30'
3,800 sq ft
11.5
Single Family
Residential
A2.7
35' - 2 1/2
15'
5'
25'
50'
6,000 sq ft
7.3
Two Family Residential
A2.9
Limited Residential
A3.1
35' - 2 1/2
20'
10% up to 10'
25'
60'
3,800 sq ft
11.5
Limited Residential
A3.2
35' - 2 1/2
20'
10% up to 10'
50'
60'
7,500 sq ft
17.4
Limited Residential
A3.3
35' - 2 1/2
20'
10% up to 10'
20'
60'
6,000 sq ft
29.3
General Residential
A4
45' - 4
20'
5'
25'
100'
6,000 sq ft
43.6
High-Rise Apartments
District
A5
76 ' - 6
10'
50'
50'
100'
12,000 sq ft
87.1
See Section 8.202.5 Zoning Ordinance
Buffer
B
45' - 4 *
20
5'
25'
50'
6,000 sq ft
NA
Transition
B1
45' - 4
20'
5'
25'
50'
6,000 sq ft
43.6
Neighborhood Office
NO
30' - 2
20'
5'
25'
50'
6,000 sq ft
11.5
General Office Low Rise
GOL
30' - 2
10'
None
None
60'
7,500 sq ft
29.3
General Office High Rise
GOH
75' - 6 **
10'
None
None
60'
7,500 sq ft
29.3
Neighborhood
Commercial
NC
30'- 2
20'
5'
25'
50'
6,000 sq ft
11.5
Neighborhood
Commercial Alcoholic
Beverage
NC-AB
30'- 2
20'
5'
5'
50'
6,000 sq ft
11.5
Light Commercial
LC1
45' - 4
10'
None
None
50'
6,000 sq ft
18
Light Commercial
LC2
45' - 4
10'
None
None
60'
7,500 sq ft
29.3
Light Commercial
LC3
45' - 4
10
None
None
60'
7,500 sq ft
29.3
Heavy Commercial
HC1
75' - 6**
10'
None
None
60'
7,500 sq ft
29.3
Heavy Commercial
HC2
75' - 6**
10'
None
None
60'
7,500 sq ft
29.3
Light Commercial
C1
45' - 4
10'
None
None
60'
7,500 sq ft
29.3
Commercial Alcoholic
Beverage (restaurant)
C-AB-1
45' - 4
10'
None
None
60'
7,500 sq ft
29.3
Heavy Commercial
C2
None
10'
None
None
60'
7,500 sq ft
29.3
Commercial Alcoholic
Beverage
(bars and lounges)
C-AB-2
None
10'
None
None
60'
7,500 sq ft
29.3
Commercial Gaming
CG
None
10'
None
None
60'
7,500 sq ft
29.3
Business District
C5
None
None
None
None
None
6,000 sq ft
NA
Commercial
Warehousing
CW
None
25'
None
None
75'
10,500 sq ft
NA
Commercial
Warehousing One
CW1
None
25'
None
None
75'
10,500 sq ft
NA
Commercial
Warehousing Two
CW2
None
25'
None
None
75'
10,500 sq ft
NA
Commercial
Warehousing Three
CW3
None
25'
None
None
75'
10,500 sq ft
NA
Light Industrial
M1
None
25'
None
None
100'
15,000 sq ft
NA
Heavy Industrial
M2
None
25'
None
None
200'
5 ACRES
NA
F -2
Appendix F - Height and Yard Requirements
July 2011
HEIGHT AND YARD REQUIREMENTS BY ZONING DISTRICTS
USE
DISTRICT
MAXIMUM
HEIGHT &
STORIES
MINIMUM
FRONT
YARD
MINIMUM
SIDE
YARD
MINIMUM
REAR YARD
MINIMUM
LOT WIDTH
MINIMUM
LOT
AREA
MAXIMUM
GROSS UNITS
PER ACRE
Rural
R
35' - 2 1/2
15'
5'
25'
50'
6,000 sq ft
7.3
Residential
Estate/Agriculture One
RE/A 1
100'
See Section 8.213(a)(1) Zoning Ordinance
1
Residential
Estate/Agriculture Two
RE/A 2
100'
See Section 8.213(a)(2) Zoning Ordinance
1 unit per 2
acres
Residential
Estate/Agriculture Three
RE/A 3
100'
See Section 8.213 (a)(3) Zoning Ordinance
1 unit per 3
acres
Planned Unit
Development
PUD
See Section 8.216 Zoning Ordinance
Small Planned Unit
Development
SPUD
See Section 8.216 Zoning Ordinance
Traditional
Neighborhood
Development
TND
See Section 8.217 Zoning Ordinance
Infill/Mixed Use Small
Planned Unit
Development
ISPUD
See Section 8.216 Zoning Ordinance
Urban Design
Development One
UDD1
See Section 8.218 Zoning Ordinance
Urban Design
Development Two
UDD2
See Section 8.219 Zoning Ordinance
Urban Design
Development Three
UDD3
See Section 8.220 Zoning Ordinance
Urban Design
Development Four
UDD4
See Section 8.221 Zoning Ordinance
Governmental Use
GU
Historic
H
35' - 2 1/2
20'
10% up to 10'
20'
60'
6,000 sq ft
29.3
Adult Business
X
None
10'
None
None
60'
7,500 sq ft
NA
See Section 8.214 Zoning Ordinance
* Parking structures only
** No height limit when located within a designated regional growth center
F -3
Appendix F - Height and Yard Requirements
July 2011
CHAPTER 1
GENERAL PROVISIONS
SECTION 1.01
Units of Local Government
There shall hence forth be within the limits of East Baton Rouge Parish, as the same are now
established, a parish government and such other units of local government as are provided in this plan of
government.
SECTION 1.02
The Parish
East Baton Rouge Parish shall continue to be a political subdivision of the state and through the
Metropolitan Council as the governing body thereof, as provided for in Section 2.01 hereof, shall have all the
privileges, powers, and duties, not inconsistent with the provisions of this plan of government, heretofore
possessed by East Baton Rouge Parish or the governing body thereof, or which may hereafter be conferred
or imposed on parishes on the governing bodies hereof by the constitution and laws of the state and, in
addition, such other powers and duties as are specifically conferred or imposed on East Baton Rouge Parish
by this plan of government.
SECTION 1.03
City of Baton Rouge.
The City of Baton Rouge shall continue its existence as a political subdivision of the state and body
corporate under its charter as heretofore enacted except as the same is inconsistent with the provisions of
this plan of government with the Metropolitan Council acting as the governing body thereof and, as provided
for in Section 2.01 thereof. The Boundaries of the City of Baton Rouge are hereby extended to include, and
shall henceforth always coincide with, the boundaries of the urban area as they are defined in this chapter and
as they may be further extended in accordance therewith.
SECTION 1.04
Special Districts
The road, sewerage and drainage districts established within East Baton Rouge Parish prior to the
first day of January 1949, whether within or without the City of Baton Rouge, shall continue to exist as on that
date constituted to effectuate the purpose for which each was created, to complete any works begun or
authorized therein, to pay the debts of the district, and to levy such taxes and other charges as may have been
or may be legally authorized in each such district. There shall also be within East Baton Rouge Parish such
other districts as may be established by the governing body of the parish or city in accordance with the
constitution and general laws of the state.
SECTION 1.05
Incorporated Municipalities
The incorporated municipalities of Zachary, Baker and Central shall be parts of the rural area as
defined in section 1.08 and shall continue in existence as municipalities subject, except as specifically provided
in this Plan of Government, to the general laws of theSstate relating to incorporated municipalities towns and
villages , and may enlarge their boundaries as provided in such laws. No additional city, town or village shall
be incorporated in East Baton Rouge Parish. (As amended October 20, 2007)
1
SECTION 1.06
Indebtedness of the City of Baton Rouge
All bonded indebtedness, including excess revenue bonds, of the City of Baton Rouge, outstanding
on the first day of January 1949, shall be paid by taxes levied on taxable property within such city as constituted
prior to such date, and the governing body of the City of Baton Rouge is hereby expressly authorized and
required to levy annually on such taxable property taxes sufficient to meet principal and interest requirements
on such indebtedness as such principal and interest become due.
SECTION 1.07
Transfer of Property and Obligations
There are hereby transferred to the City of Baton Rouge, as of the first day of January 1949, the
property and obligations of the Fire Protection District Number One of East Baton Rouge Parish, and the
incinerators, dumps, other lands and equipment belonging to East Baton Rouge Parish used in the collection
and disposal of garbage and other refuse. There are hereby transferred as of the first day of January 1949, to
East Baton Rouge Parish the use of all lands, buildings and equipment, belonging to the City of Baton Rouge,
used in the construction, maintenance, repair, and cleaning of the streets, boulevards, parkways, bridges,
alleys and other public ways. There is also transferred, as of the first day of January 1949, to the Recreation
and Park Commission for the Parish of East Baton Rouge all equipment belonging to the City of Baton Rouge
and used exclusively for recreational purposes or the maintenance of parks, playgrounds and play fields.
SECTION 1.08
Urban, Industrial, and Rural Areas
There shall be in East Baton Rouge Parish the following areas:
(a) Urban Area. There shall be in East Baton Rouge Parish an urban area in which, because of the
congestion of population therein, there shall be supplied by the City of Baton Rouge, unless supplied by districts
established in accordance with the constitution and general laws of the state, police protection, fire protection,
garbage and refuse collection and disposal, street lighting, and the maintenance and operation of sewers and
sewer works. The Urban area shall be as detailed by the official map and legal description of the Urban Area
maintained by the Planning Commission and the Department heads as listed in Section 5.01 and 5.02 of the
Plan of Government, as they are defined in this chapter and as they may be further extended in accordance
herewith and shall coincide with the boundaries of the City of Baton Rouge. (As amended December 6, 2014)
(b) Industrial Areas. There shall be in East Baton Rouge Parish six industrial areas predominantly used
for industrial purposes and in which areas there shall be privately furnished the following services usually
provided by local governments: the construction, maintenance and cleaning of streets, street lighting, sewers
and sewerage works, fire protection, police protection, and garbage and refuse collection and disposal. None
of the above services shall be supplied by the parish or city within the industrial areas except police and fire
protection in case of grave emergency, as provided by agreements between property owners within the areas
and the City of Baton Rouge for mutual assistance in such circumstances. It shall henceforth be unlawful in
the industrial areas to construct or alter any building for use in whole or part for residential purposes. No portion
of the industrial areas, so long as the above conditions are observed, shall be added to the urban area. If an
industrial area or any portion thereof shall at any time cease to provide at the expense of the industry or
industries located therein any of the services or facilities enumerated in this subsection, which are necessary
in such area, and these facts are determined after public hearing by the Parish Council, such industrial area
or portion thereof in which such service or facility is not provided at the expense of the industry or industries
concerned shall cease to be an industrial area or part thereof and may, without petition by the property owners
therein, be added to the urban area by the City Council, subject to appeal to the District Court as provided in
the case of other additions to the urban area.
2
The boundaries of the industrial areas shall be as detailed by the official maps and legal descriptions of the
Industrial Areas maintained by the Planning Commission and the Department heads as listed in Section 5.01
and 5.02 of the Plan of Government, as they are defined in this chapter and as they may be further extended
in accordance herewith. (As amended December 6, 2014)
(c) Rural Area. There shall be in East Baton Rouge Parish a rural area consisting of that portion of
the parish not included in either the urban or the industrial areas. Fire protection, garbage and refuse collection
and disposal, street lighting, and sewers and sewerage works and the maintenance and operation thereof, shall
not be provided by the parish in the rural area except through the medium of districts established by the
governing body of the parish, as provided by the constitution and the general laws of the state; provided that
the city may supply garbage and refuse collection for a service charge based on not less than the actual cost,
to any premises in the rural area from which the parish was actually collecting garbage and other refuse prior
to the first day of January 1949.
SECTION 1.09
Additions to the Boundaries of the City of Baton Rouge
Whenever a majority in number and amount of property tax payers, as certified by the Assessor, in any
compact body of land adjoining the City of Baton Rouge but not part of an industrial area, shall petition the
governing body of the city to be included in the boundaries of the City of Baton Rouge the said body shall fix
a time, not less than ten nor more than thirty days after the filing of such petition, at which it shall hold a public
hearing on the proposal to so extend the boundaries of the City of Baton Rouge. Notice of such hearing and
of its time, place, objects and purposes, shall be given by publication twice in the official journal of the parish,
which publication shall be completed not less than five days prior to the hearing. The valuation of the property
owned by each of the signers of the petition shall be certified by the Parish Assessor as the valuation of such
property appears in the last completed assessment of property, provided that he shall take account of
subsequent change of ownership and if in any case the property of the present owner has not been specifically
assessed the Assessor is authorized and directed to estimate the value of such property. After the conclusion
of the hearing the governing body of the city may in its discretion add by ordinance, without additional public
hearing, such body of land to the boundaries of the City of Baton Rouge and as such it shall become part of
the City of Baton Rouge. Such ordinance shall be published in accordance with law and shall not go into effect
until the thirtieth day following its final passage. During such period any citizen of the city or the area proposed
to be added thereto may file and appeal therefrom in the District Court in the manner and with the effect
provided by law. After the conclusion of such period the ordinance shall not be contested or attacked for any
reason or cause whatever. (As amended October 20, 2007)
SECTION 1.10
Additional Industrial Areas
(a) Additional industrial areas may be established by the governing body of the parish on petition of
the owners of not less than ninety per cent in amount of the property in such proposed area; provided that any
such additional industrial area shall consist of a compact body of land of not less than three hundred and twenty
acres situated in a rural area; and provided further, that there shall be filed with the petition an undertaking on
the part of the petitioners, secured by such bond as the governing body of the parish may require, to devote
the area predominantly to industry, to construct in such area within five years thereafter a substantial industrial
plant or plants described in the petition, and to provide at their expense in such area from and after the granting
of the petition all necessary streets including the maintenance and cleaning thereof, sewers, sewerage works,
fire protection, police protection, and garbage and refuse collection and disposal.
3
Any additional area so established shall be subject to all the conditions provided in subsection (b) of Section
1.08. In the event such undertaking is not faithfully carried out the area shall cease to be an industrial area and
shall be subject to inclusion in the urban area as provided in subsection (b) of Section 1.08.
(b) The boundaries of industrial areas created under Section 1.08(b) or under Section 1.10(a) may be
revised or expanded by the governing body of the Parish so as to include property of an existing plant facility
located partially within and without said industrial area, conditioned upon the area for the proposed expansion
being contiguous to the existing plant property, and the said plant otherwise complying with all provisions of
Section 1.10(a) as to the providing of services. (As amended February 1, 1972).
SECTION 1.11
Limitation on Tax Rates
The provisions of Section 3(a) of Article XIV of the Constitution of Louisiana relating to the limitation
of taxation shall apply in the several areas established by this plan of government, provided that for this
purpose the municipalities of Zachary , Baker, and Cental shall be deemed to be urban areas and municipal
taxes may be levied therein as provided by law. (As amended October 20, 2007)
4
CHAPTER 2
GOVERNING BODIES
SECTION 2.0l
Metropolitan Council
Parish of East Baton Rouge and the City of Baton Rouge
Creation and Composition
(a) The consolidation of the governing body of the City of Baton Rouge and Parish of East Baton
Rouge by the creation of Metropolitan Council of the Parish of East Baton Rouge and the City of Baton Rouge
(hereinafter sometimes referred to as "Council"), is hereby authorized and directed, said consolidation to
become effective January l, l983 (the "l983 Effective Date"). If approved by the qualified voters of the Parish
at the Special Election to be called and held on September 11, 1982, in accordance with the Louisiana Election
Code; and Section ll.09 hereof, from and of the l983 Effective Date, the Metropolitan Council shall be the
governing authority of the City of Baton Rouge and the Parish of East Baton Rouge. All powers, functions and
duties vested in the City Council of the City of Baton Rouge and the Parish Council of the Parish of East Baton
Rouge, respectively, by (1) this Plan of Government, particularly, but without limitation, Chapter 3 hereof; (2)
Article VI, Section 4, of the Louisiana Constitution of 1974 and Section 3A of Article 14 of the Louisiana
Constitution of l92l; and (3) the Laws of the State of Louisiana are hereby transferred to and shall be vested
in the Metropolitan Council as of the 1983 Effective Date. (Electorate approved September 11, 1982.)
Requirements for the adoption of proceedings by the governing authority of the City and Parish after the
effective date of the Metropolitan Council shall be as provided for in the Plan of Government. Duties, functions,
responsibilities, and status of the officers of the City and Parish and all of the officers, departments, divisions,
administrative officers, directors, boards, administrators and commissions of the City of Baton Rouge and/or
the Parish of East Baton Rouge and the right to amend the duties, functions and status thereof under the Plan
of Government are not altered by the effect of consolidation herein authorized, but to the extent that such right
of amendment vests in the City Council of the City of Baton Rouge or in the Parish Council of the Parish of East
Baton Rouge, such right shall upon the l983 Effective Date of the consolidation be vested in the Metropolitan
Council.
(b) For the period from the l983 Effective Date to January l, l985, the Metropolitan Council shall consist
of the l2 persons elected to the Parish Council of the Parish of East Baton Rouge and the City Council of the
City of Baton Rouge, respectively, in the general election of November 4, l980, whose terms of office
commenced January l, l98l, or their successors in office as provided for by this Plan of Government and
general law. On and after January l, l985, the Metropolitan Council shall consist of twelve (l2) persons elected
from l2 single member districts within the Parish of East Baton Rouge, based on Federal decennial census of
l980 or special census authorized in paragraph (e) in this section; such districts to be determined by the
Metropolitan Council no later than the year l982, so that each member of the Metropolitan Council after January
l, l985, will represent approximately the same number of persons, notwithstanding anything herein contained,
the single member districts, as provided for by this paragraph, shall become effective with respect to the
Metropolitan Council for the terms of office to commence January l, l985.
(c) After each Federal decennial census, the Parish of East Baton Rouge shall be reapportioned in
compliance with the constitutional requirement of equal representation.
(d) It shall be the duty of the Metropolitan Council to undertake to reapportion itself as provided in
paragraph (b) above within ninety (90) days after the promulgation of each Federal decennial census, and to
complete such reapportionment within a period of one (l) year.
(e) Notwithstanding anything to the contrary herein the Metropolitan Council may at any time undertake
to reapportion itself pursuant to a special census of the Parish of East Baton Rouge conducted and/or approved
by the Metropolitan Council.
5
(f) The creation of the Metropolitan Council for the consolidation of the City Council and the Parish
Council as hereby provided, shall not affect the continued existence of the City of Baton Rouge, the City of
Baker, the City of Zachary, the City of Central, or Parish of East Baton Rouge all of which municipalities and
parish are continued in existence as provided for in Section l.02, l.03 and l.05 and other provisions of this Plan
of Government. The continuation of said municipalities and parish and the exercise of powers and functions
thereof, as authorized by general law, and this Plan of Government, is hereby recognized and left unchanged.
(As amended October 20, 2007)
(g) The Metropolitan Council as the governing authority of the City and the governing authority of the
Parish, respectively, shall constitute the "Authority" of the Greater Baton Rouge Airport Authority and the
governing body of the Greater Baton Rouge Consolidated Sewerage District. In addition, the Metropolitan
Council shall constitute the governing body of any district heretofore or hereafter created within the limits of the
Parish of East Baton Rouge, which, under applicable general or special law, the governing body of which would
otherwise consist of the governing body of the Parish of East Baton Rouge and/or the governing body of the
City of Baton Rouge.
SECTION 2.02
Method of Election and Term
As provided in paragraph 2.0l(b) above, the members of the Metropolitan Council elected in the
general election of November 4,l980, and whose terms of office commenced January l, l98l, and their
successors in office (if any) for the terms of office ending December 3l, l984, and the nomination and election
of such members and their successors in office be and the same are hereby ratified, approved and confirmed.
The members of the Metropolitan Council shall thereafter be nominated and elected in l984 and every fourth
year thereafter at the same time as representatives in Congress of the United States and shall hold office for
terms of four years from the first day of January following their election; provided that the members of the
Parish and City Council elected in l980 shall take office as members of the Metropolitan Council for a term to
extend to December 3l, l984, as provided in this chapter, except that such members of the Metropolitan Council
shall not be subject to residency requirements of the single member district.
A person who has been elected to serve as a member of the Metropolitan Council of the Parish of East
Baton Rouge and City of Baton Rouge, the governing authority of the Parish of East Baton Rouge and City of
Baton Rouge, for three (3) consecutive full terms of office, such service being during a term of office that began
on or after January 1, 1997, shall not be eligible for election to the Metropolitan Council of the Parish of East
Baton Rouge and City of Baton Rouge for the succeeding term. ( As Amended on November 18, 1995)
SECTION 2.03
Qualifications
The members of the Metropolitan Council elected from single member districts with the terms of office
to commence on January l, l985, shall be qualified voters of the Parish and of the district and shall be a
resident of the district from which each is elected and shall remain both a qualified voter and resident of the
Parish and District during their term of office.. No member of the Metropolitan Council or the Mayor-President
shall, while he holds such office, hold any other office of profit under the United States, the State of Louisiana
or any political subdivision thereof, except that of notary public or an office in the National Guard or the military
or Naval Reserve in the United States. No such member shall, during the term for which he was elected and
two years thereafter, be appointed to any office of profit under the Parish of East Baton Rouge or the City of
Baton Rouge, or any unit of local government therein. If any of them shall cease to possess the qualification
above required, as determined by a court of competent jurisdiction, his office shall at once become vacant.
(As amended October 20, 2007)
6
SECTION 2.04
Governing Body of City
The governing body of the City of Baton Rouge shall consist of the Metropolitan Council as
hereinabove provided for.
SECTION 2.05
Compensation
The salary of each councilman shall be $1,000.00 per month effective January 1, 2009. Except for
travel allowances authorized by law, the members of the Metropolitan Council shall receive no other
compensation. (As amended on November 6, l956, November 8, 1966.) (As amended October 20, 2007)
SECTION 2.06
Vacancies
A vacancy in the membership of the Metropolitan Council, from whatever cause arising, occurring
within one year of the expiration of the term of any member shall be filled by appointment by majority vote of
the remaining members of the Council by a qualified voter residing in the same district as his predecessor.
If the vacancy occurs more than one year prior to the expiration of the term of any member it shall be filled by
the vote of the qualified voters of the district in which the former member resided and to be determined at the
next scheduled election (As amended September ll, l982 and October 20, 2007))
SECTION 2.07
Organization
On the second day of January, l985, and on the second day of January of every fourth year thereafter,
or if such second day of January falls on a Sunday then on the succeeding business day, the newly elected
Metropolitan Council shall meet at ll:00 a.m. at such place as may be designated by the Council as its place
of meeting and shall take the oath of office before a judge of the District Court or other person authorized to
administer oaths. Thereupon, the Council shall proceed to elect one of their own number to be a President Pro
Tempore for a term of four years.
SECTION 2.08
Council Administrator
The Metropolitan Council shall appoint and fix the compensation of a Council Administrator who shall
act as administrator of the Council. It shall be the duty of the Council Administrator to keep a journal of the
proceedings of the Council and such journal shall be open to public inspection in the administrator's office
during regular business hours. The administrator shall perform such other duties as may be prescribed by this
Plan of Government or by resolution of the Council. The administrator shall appoint, subject to the provisions
of Chapter 9 of this Plan of Government, all employees in said office. The cost of this office shall be included
in the City and Parish budgets.
7
SECTION 2.09
Voting
Unless specified otherwise herein, no ordinance, resolution, motion or vote, shall be adopted, or any
appointment or removal made, by the Metropolitan Council, unless it shall have received the affirmative votes
of not less than seven (7) members of such council. No such action shall be taken except in a meeting open
to the public. All voting shall be by roll call and the yeas and nays shall be recorded. (As amended October 20,
2007)
Effective September 30, 2006, a notice shall be placed at least once, in a newspaper of general circulation in
the Parish and on the official website of the City and the Parish, advising that a position on any board and
commission in the Parish is open, at least sixty (60) days prior to the appointment, and that applications shall
be accepted from residents registered to vote in the Parish and each person who has submitted an application
and who meets the qualifications for the position shall be considered as nominated for the position, along with
any person nominated by a member of the Metropolitan Council, and that the nominee who receives a majority
of votes shall be the appointee to the position. (Amended September 30, 2006. Requirement to advertise for
appointments to boards and commissions.)
SECTION 2.10
Members of Councils Interested in Proposed Ordinance or Resolution
Duty to Refrain from Voting
Any member of the Metropolitan Council who shall have any personal or private pecuniary interest
in the adoption or passage of any ordinance, resolution, motion or measure, by the Council, shall declare
such fact to said body, and shall refrain from voting on the same at any time, whether on final passage or
otherwise. Any person who shall violate the above provision shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, or imprisonment for
not more than sixty days, or both fine and imprisonment, at the discretion of the court, and shall forfeit his
office.
SECTION 2.11
Rules of Procedure
The Metropolitan Council shall have power to adopt rules of procedure not inconsistent with this
Plan of Government. Such rules shall provide for the time and place of holding regular meetings, shall also
provide for the calling of special meetings of the Council by the Mayor-President or any three members of
the Council, and shall prescribe the method of giving notice thereof; provided that the notice of each special
meeting shall contain a statement of the specific item or items of business to be transacted, and no other
business shall be transacted at such meeting.
8
SECTION 2.12
Procedure for Passing Ordinances and Resolutions
All ordinances and resolutions shall be introduced in typewritten or printed form. They shall be
confined to a single subject which shall be clearly expressed in the title, except in the case of a codification
or revision of ordinances, annual budget ordinances, or ordinances proposing related amendments to this
plan of government or proposing the substitution of an entirely new form of government, in which case they
shall be deemed to embrace but one subject, and their title need only refer to the general purpose and
scope thereof. No ordinance or resolution which makes an appropriation, authorizes the borrowing of
money, levies a tax, creates a district which may levy a tax, requires the payment of a license or permit fee,
establishes any rule or regulation for the violation of which a fine or other penalty is imposed, grants a
franchise, creates or abolishes any office or employment, or places any burden upon or limits the use of
private property, shall be adopted at the same meeting at which it was introduced, but shall be read by title
a first time and a time, not less than six days after such introduction, fixed, at which the Council or a
committee thereof shall hold a public hearing thereon. Such hearing may be held separately or in
connection with the regular or special meeting of such Council and may be adjourned from time to time.
The Council Administrator shall cause the title of the proposed ordinance or resolution and a notice of the
time and place of the hearing to be published in the Parish Journal at least four days prior to the time fixed
for such hearing. The Council Administrator shall cause copies of the proposed ordinance or resolution to
be mimeographed, printed or otherwise reproduced within three business days after its introduction so that
copies may be available to the members of the Council and the public. A proposed ordinance or resolution,
unless it be an emergency ordinance as hereinafter defined shall be read a second time by title, and may
be finally passed at any regular or special meeting of the Council after the conclusion of the hearing on
such ordinance or resolution. An emergency ordinance for the immediate preservation of the public peace,
health and safety may be passed at any regular or special meeting, after having been published in full in
the official journal of the parish. An emergency ordinance shall contain a specific statement of the
emergency claimed and shall be adopted by at least seven affirmative votes of the Council. No ordinance
levying a tax, authorizing the borrowing of money, or granting a franchise shall be adopted as an
emergency ordinance. (As amended October 20, 2007)
SECTION 2.13
Removals
The Metropolitan Council may remove any officer or employee appointed by it for an indefinite
term, provided it shall first give such officer or employee notice in writing of its intention to remove him,
containing a clear statement of the grounds for such removal and fixing the time and place, not less than
ten days after the service of the notice, at which he shall be given an opportunity to be heard thereon. After
the hearing, which shall be public at the option of the person sought to be removed, and at which he may
be represented by counsel, the decision of the Council shall be final. Members of unsalaried boards and
commissions and other persons appointed by this Council for fixed terms may be removed in the same
manner except that the only grounds on which they may be removed shall be neglect of duty or misconduct
in office as determined by the Metropolitan Council. (As amended October 20, 2007)
9
SECTION 2.14
Power of Investigation
The Metropolitan Council, or any committee thereof when authorized by such Council, shall have
power to investigate the official conduct of any department, office or agency under its jurisdiction. For the
purpose of conducting any such investigation or any hearing in connection with the contemplated removal
of any officer or employee any Council member shall have power to administer oaths, and the Council or
an authorized committee thereof may compel the attendance of witnesses and the production of books and
papers. Any person refusing to obey such an order, if lawfully given, shall upon conviction by a court of
competent jurisdiction be subject to a fine of not more than one hundred dollars or imprisonment for not
more than sixty days or both. (As amended October 20, 2007)
SECTION 2.15
Submission of Ordinances to the Mayor-President
(l) Every ordinance, except those hereinafter enumerated, adopted by the Metropolitan Council
shall be signed by the Council Administrator and presented by said office to the Mayor-President within two
(2) calendar days of its adoption.
(2) The Mayor-President, within twelve (12) calendar days of the adoption of an ordinance, shall
return it to the Council Administrator with or without his approval, or with his disapproval. If the ordinance
has been approved, it shall become law upon its return to the Council Administrator; if the ordinance is
neither approved or disapproved, it shall become law at l2:00 o'clock Noon on the twelfth (12th) calendar
day after its adoption; if the ordinance is disapproved, the Mayor-President shall submit to the Metropolitan
Council through the Council Administrator a written statement of the reasons for his veto. The Council
Administrator shall record upon the ordinance the date of its delivery to and receipt from the MayorPresident.
(3) Ordinances vetoed by the Mayor-President shall be presented by the Council Administrator to
the Council at its next regular meeting, and should the Council then, or at its next regular meeting, adopt
the ordinance by an affirmative vote of two-thirds (2/3rds) of all of its members, said ordinances shall
become law irrespective of the veto thereof by the Mayor-President.
(4) The right of veto, as provided in this section shall not apply to the following, which shall become
effective upon adoption (As amended October 20, 2007):
(a) Any action of the Council relating to the conduct of the Council business or the exercise of its
authority pursuant to the provisions of Section 2.l3 or 2.l4 hereof.
(b) The making of appointments or the establishment of boards and divisions of government by
the Council as provided by any of the provisions of the Plan of Government, or of Act l69 of l898, as
amended, or the general laws of the State of Louisiana.
(c) The granting of licenses, permits, or franchises, and ordinances or amendments to ordinances
relating thereto.
10
(d) The ordering of streets or other improvements to be paved or constructed at the cost and
expense of abutting property owners, pursuant to the general laws of the State of Louisiana or of Act l69 of
l898, as amended and the various procedures relating to the awarding of contracts and the levying of
special assessments under such local assessment statutes.
(e) Zoning ordinances or amendments to said ordinances.
(f) Any action which the government authority is required by law to take or perform where required
to take or perform such action by a petition, or by the provisions of the Plan of Government, the general
laws of the State of Louisiana, or of Act l69 or l898, as amended.
(g) The adoption of current expense budgets, as provided for in Chapter 9 of the Plan of
Government, except that any increase, decrease, deletion of any item in, or any new item added to, or
subdivision of items of appropriations in the preliminary budget as submitted by the Mayor-President shall
be approved by two-thirds of the entire membership of the Council.
(h) The fixing of the number or the compensation of the members of the classified and
nonclassified services.
(I) The prescribing of general regulations for the proper operation of the departments of
governments when such regulations are specifically required by the Plan of Government to be approved or
adopted by the Council.
This amendment shall become effective as of midnight, December 3l, l956. (As amended on
November 6, l956)
SECTION 2.16
Council Budget Officer
There shall be a Council Budget Officer who shall be an unclassified employee appointed by the
Council for an indefinite term. The Council Budget Officer shall have graduated from an accredited fouryear college or university, with courses in accounting, or have at least five years of responsible work in the
field of public administration, governmental accounting, or general accounting supervision. He shall
perform the duties hereinafter enumerated and shall have such other authority and power and perform
such other functions as may be prescribed by the Council, subject only to the limitation that such authority
not directly conflict with the authority vested in the Director of Finance by the provisions of Chapter 8 of this
Plan of Government. The Council Budget Officer shall:
(a) Study and analyze City and Parish revenues and expenditures on a continuing basis, and report
thereon to the members of the Council.
(b) Study and analyze budget requests of the various departments, agencies and offices to which
the Parish and City makes appropriations, and make specific recommendations thereon to the members of
the Council.
(c) Determine and have available at all times the status of the general funds of the Parish and City
and of all special accounts and funds; the status of appropriations and the amount actually expended or
transferred out of all such appropriations; the amount appropriated but not expended and unencumbered
during each fiscal year by each budget unit; and the amount which is encumbered but not expended at the
close of each fiscal year by each budget unit; and such other budgetary information as may be requested
by the members of the Council from time to time.
11
(d) Review the budget of receipts and expenditures, as recommended by the Mayor-President, and
participate in the budget hearings conducted by the Council and make specific recommendations thereon
to the members of the Council.
(e) Review all audit reports and make specific recommendations with respect thereto.
In the performance of his duties, the Council Budget Officer, or a member of his staff designated by him,
shall have the power to inspect and make copies of any books, records, documents, or files of any
department, agency or office to which the Parish and City make appropriations. The Budget Officer may
call upon all such departments, agencies, or offices for assistance and advice, and shall coordinate his
work with that of the Director of Finance in providing budget information to the members of the Council. He
shall appoint, subject to the provisions of Chapter 9 of this Plan of Government, all employees of his office.
The cost of the office shall be borne by the Parish and City budgets in such proportions as the Councils
may designate. (As amended November 8, l966.)
SECTION 2.17
Uniform Term Length for Boards and Commissions
Attendance Requirements for Board and Commission Members
The term of office of any board and commission member shall be four years, unless otherwise required by the
laws of the State of Louisiana. Any board or commission member who fails to attend 75% of all regularly
scheduled meetings of their board or commission in any calendar year is no longer eligible to serve on such
board and commission and the director of the board or commission shall notify the Council AdministratorTreasurer no later than February 1 of any vacancies created in the prior year by violation of this provision. ( As
amended on September 30, 2006. Requires uniformity of terms of office for all boards and commissions.) (As
amended October 20, 2007)
SECTION 2.18
Term Limits for Members of Boards and Commissions
Members of boards and commissions in the Parish whose members are appointed by the members of the
Metropolitan Council, other than those who serve as a result of being an elected official or serve as ex officio
members, and other than with respect to members of any fire protection district, are limited to serve for two
consecutive terms or eight consecutive years, whichever is greater, and may serve a third consecutive term
if approved by a vote of three-fourths of the members of the Metropolitan Council, and any member of a board
or commission appointed for a second or subsequent consecutive term prior to the September 30, 2006 (the
effective date of this amendment), may serve the remainder of such term and may be reappointed to one
additional term if approved by a vote of three-fourths of the members of the Metropolitan Council. (Amended
September 30, 2006. Requirement of term limitations for all members of boards and commissions in the
Parish.)
12
CHAPTER 3
GOVERNING BODIES - POWERS AND DUTIES
SECTION 3.01
Powers of the Metropolitan Council
The Metropolitan Council of East Baton Rouge Parish shall, in addition to the powers and duties
conferred or imposed by other provisions of this Plan of Government, have:
(a) All the powers and duties of East Baton Rouge Parish as provided in Section l.02. of this Plan of
Government including the exclusive authority to bind and or obligate the City-Parish and or the expenditure
of City-Parish funds. (As amended October 20, 2007)
(b) Exclusive authority, saving the authority of the State of Louisiana, throughout the Parish,
including the City of Baton Rouge, with regard to the constructing, opening, widening, extending, closing,
narrowing, improving, grading, paving, repaving, adorning with trees, shrubs and vines, curbing, guttering,
cleaning, repairing, and maintaining of streets, highways, boulevards, parkways, bridges, alleys and other
public ways, and the grading, improving, constructing and reconstructing of sidewalks, including the
authority to assess the whole or part of the cost of any street, alley or sidewalk improvement on the owners
of the abutting property. To that end there are hereby transferred to the Parish and to the Council as the
governing body thereof, except as specifically provided in this Plan of Government, all the powers and
duties hitherto conferred or imposed on the City of Baton Rouge by its charter or by the general laws of the
State relating to the above enumerated matters, but such transfer of powers shall not be taken to diminish
in any respect the power and obligation of the City, from whatever source derived, to: (l) supply street
lighting; (2) regulate traffic and the parking of vehicles, including the provision of facilities for off-street
parking; (3) grant franchises or permits for the use of streets, highways, boulevards, parkways, bridges,
alleys and other public ways within the city; for pipes, poles, wire, conduits, street railways, bus lines,
taxicabs and other vehicles for hire; (4) regulate the rates and conditions of service of any public utility or
other person, firm or corporation holding any such franchise or permit; and (5) make charges and collect
compensation for the privileges enjoyed by any such utility, person, firm or corporation.
(c) Power to construct, own, maintain and operate airports, and to provide for their management
and control by the Department of Public Works, by a separate bureau in the office of the Mayor-President,
or by a board of commission.
SECTION 3.02
Powers and Duties
City of Baton Rouge
Metropolitan Council
The City of Baton Rouge as extended by this Plan of Government shall continue to have all the
powers and duties, except as provided in this Plan of Government, heretofore possessed by the City of
Baton Rouge under its Charter and the general laws of the State, and such other powers and duties not
inconsistent with the Plan of Government as hereafter may be conferred or imposed on municipalities of
the same population class. All provisions of the Charter of the City of Baton Rouge not in conflict with the
provisions of this Plan of Government are expressly continued in force and effect and henceforth, shall be
subject to amendment only to the same extent and in the same manner as hereinafter provided for the
amendment of this Plan of Government. All ordinances of the City of Baton Rouge in force prior to the first
day of January l949 shall, insofar as they are not inconsistent with the Plan of Government, remain in force
and effect until amended or repealed by the Council.
13
SECTION 3.03
Powers and Enforcement
For the purpose of carrying out the powers and duties conferred or imposed on the Metropolitan
Council, such Council shall have power, whenever it deems it necessary, to require licenses and permits
and fix the fees to be paid therefor, to charge compensation for any privilege granted or service rendered,
and to provide penalties for the violation of any ordinance or regulation, which shall not exceed the
maximum penalties allowable under the Laws of the State of Louisiana for offenses which fall within the
jurisdiction of the Baton Rouge City Court. (As amended October 27, l979.)
SECTION 3.04
Powers to Levy Taxes
The power or duty to perform any service or provide any facility, hereby granted to the Metropolitan
Council, shall in all cases carry with it the power to levy taxes and to borrow money within the limits
prescribed by this Plan of Government and by the Constitution and general laws of the State for the
purpose of performing such service of providing such facility.
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CHAPTER 4
MAYOR-PRESIDENT
SECTION 4.01
Election of Mayor-President
The Chief Executive Officer of the City and Parish shall be a Mayor-President who shall be elected
by the qualified voters of the Parish at the same time and for the same terms as the members of the
Metropolitan Council, provided that the Mayor-President first elected shall take office for the purposes
specified in Section 2.02. of this Plan of Government immediately following the promulgation of the results
of such election. Thereafter the Mayor-President shall hold office for a term of four years beginning on the
first day of January following his election. He shall be a qualified voter of the Parish and if any time during
his term of office he shall cease to reside within the Parish his office shall be deemed vacant.
A person who has been elected to serve as Mayor-President of the Consolidated Government of
the City of Baton Rouge and Parish of East Baton Rouge for three (3) consecutive full terms of office, such
service being during a term of office that began on or after January 1, 1997, shall not be eligible for election
as Mayor-President of the Consolidated Government of the City of Baton Rouge and Parish of East Baton
Rouge for the succeeding term. (As amended on November 18, 1995)
SECTION 4.02
Compensation
For the term beginning on the first day of January l949 the compensation of the Mayor-President
shall be fixed by the Parish Council at not less than ten or more than fifteen thousand dollars. Thereafter
the compensation of the Mayor-President shall be fixed by the Metropolitan Council by ordinance adopted
at least one year prior to the commencement of the term of the Mayor-President whose compensation is to
be affected thereby and if no such ordinance be adopted the compensation of the Mayor-President will
remain as previously fixed by the Metropolitan Council.
SECTION 4.03
Chief Executive Officer of the Parish and City
The Mayor-President shall be the Chief Executive Officer of the Parish and City and shall have
power, as authorized by the Metropolitan Council, subject to this Plan of Government, the ordinances and
resolutions of the Metropolitan Council adopted in pursuance thereof, and the Constitution and general
laws of the State, to supervise and direct the administration of all departments, offices and agencies of the
Parish and City Governments the heads of which are appointed by him. He shall have all the powers and
duties, not inconsistent with the provisions of this Plan of Government, conferred or imposed on the Mayor
of the City of Baton Rouge by its Charter or which may be conferred or imposed on the Mayors of Cities by
the general laws of the State applicable to such City. He shall have power to appoint and remove, subject
to the provisions of Chapter 9, of this Plan of Government, the Director of Finance, Purchasing Agent,
Personnel Administrator, the Department heads as listed in Section 5.01 and 5.02 of the Plan of
Government, the Chief of the Fire Department and the Chief of Police, and such other officers and
employees as the Council may provide by ordinances pursuant to this Plan of Government. In the case of
any officer or employee who is not a member of the classified service as provided by Chapter 9 of the Plan
of Government or by any general laws applicable to the City of Baton Rouge, the Mayor-President shall,
15
before he may exercise the power of removal, first serve on the officer or employee sought to be removed
a notice in writing setting forth the grounds of the proposed removal and fixing a time and place, not less
than ten days after the service of such notice, at which the officer or employee shall be given an opportunity
to be heard thereon. After such hearing, which shall be public at the option of the officer or employee, the
action of the Mayor-President shall be final. The Mayor-President may suspend from duty for not more than
sixty days any such officer or employee pending final action. (As amended December 6, 2014)
SECTION 4.04
Duties of the Mayor-President
It shall be the duties of the Mayor-President:
(a) To attend, either personally or by representation, meetings of the Council. The MayorPresident may present to the Council written messages or information which in his opinion are necessary
and expedient and shall have the right to speak at all meetings of the Council. The Mayor-President shall
have no vote on the Council, but all ordinances enacted by the Council shall be submitted to the MayorPresident as provided in Section 2.l. of the Plan of Government. (As Amended October 27, l979.) (As
amended October 20, 2007)
(b) To keep the Council informed of the financial condition of the Parish and the City of all other
matters pertaining to their proper administration, and to make recommendations concerning actions to be
taken by the Council.
(c) To prepare and submit the annual budgets to the Council as provided in Chapter 8 of this Plan
of Government.
(d) To prepare and submit to the Council not later than their first meeting in July of each year a
concise and comprehensive report of the financial transactions and administrative activities of the Parish
and the City and all districts of which the Metropolitan Council is the governing body, during the fiscal year
ending on the preceding thirty-first day of December, in suitable form for publication, and to cause to be
printed for general distribution to all citizens or request such number of copies of the same as the Council
shall direct. (As amended October 20, 2007)
(e) To perform such other duties as may be prescribed by this Plan of Government or required of
him by the ordinances of the Council.
SECTION 4.05
President Pro-Tempore
The President Pro-Tempore shall preside over the meetings of the Metropolitan Council with the
right to speak and to vote. If the Mayor-President is absent from the Parish and City or unable to perform
his duties the President Pro-Tempore shall act as Mayor-President and in the case of a vacancy in the
office of Mayor-President shall serve as such until the vacancy is filled as hereinafter provided. (As
amended October 27, l979.) (As amended October 20, 2007)
16
SECTION 4.06
Vacancy in the Office of the Mayor-President
A vacancy in the office of Mayor-President, from whatever cause arising, occurring within one year
of the expiration of his term shall be filled by appointment by majority vote of all members of the
Metropolitan Council, but if the vacancy occurs more than one year prior to the expiration of his term, it
shall be filled by vote of the qualified voters of the Parish at a special election called and held pursuant to
the Louisiana Election Code, Louisiana Revised Statutes, Title l8. (As amended September ll, l982)
SECTION 4.07
Division of Purchasing
There shall be under the immediate direction of the Mayor-President a Division of Purchasing. The
head of the Division of Purchasing shall be the Purchasing Agent. He shall be a person skilled and
experienced in private business purchasing or governmental purchasing and property control and
accountability. It shall be the duty of the Purchasing Agent to purchase all supplies, materials, equipment,
and contractual services, including insurance and surety bonds, for the use of the several departments of
the Parish and City established by this Plan of Government, all districts of which the Metropolitan Council
is the governing body, all other departments, boards, commissions, offices and boards to which this
provision is constitutionally applicable, or which may request the services of the Purchasing Agent,
henceforth referred to herein as using agencies, excepting the purchase of books for the public library. It
shall be the duty of the Purchasing Agent to consult the head of each using agency as to the kind and
quality of the supplies, materials and equipment to be purchased for it.
SECTION 4.08
Further Powers and Duties of Purchasing Agent
The Purchasing Agent, for the purpose of giving effect to the provisions of the preceding section,
shall have the following powers and duties:
(a) To establish, with approval of the Mayor-President and after consultation with the heads of the
using agencies concerned, standard specifications for supplies, materials and equipment required by the
using agencies.
(b) To prescribe the time of making requisitions and the future period which such requisitions are to
cover.
(c) To inspect or cause to be inspected all deliveries of supplies, materials and equipment, and to
cause tests to be made when necessary, in order to determine their quality, quantity and conformance with
specifications.
(d) To supervise and control such central storerooms as the Council may establish.
(e) To transfer to or between using agencies, sell or trade in, supplies, materials and equipment
determined by him, with the approval of the Mayor-President and after consultation with the head of the
using agency concerned, to be surplus, obsolete or unused.
(f) To maintain an adequate system of accounting for all property received and all property issued
by the Division of Purchasing, in accordance with accepted principles of accounting for property and
inventory control; and to maintain such inventory of all movable property under the control of the several
using agencies as the Metropolitan Council may require.
17
SECTION 4.09
Competitive Bidding
Before making a purchase or contract the Purchasing Agent shall give opportunity for competitive
bidding under such rules and regulations, not in conflict with general law, as may be established by the
Metropolitan Council. With the approval of the Council, the Purchasing Agent may reject any or all bids and
readvertise for bids; provided that competitive bidding shall not be required in the case of contracts for
professional service and for services for which the rate or price is fixed by a federal or state authority
authorized by law to fix rates or prices. All sales made by the Purchasing Agent shall be made on the basis
of competitive bids after such public notice as may be prescribed by the Council, by ordinance and all
sales shall be to the highest bidder.
SECTION 4.l0
Accounting Control of Purchasing
All purchases and contracts executed by the Purchasing Agent shall be pursuant to a written
requisition, in such form as may be prescribed by the Director of Finance, from the head of the using
agency whose appropriation is to be charged or from the head of a division or other operating unit thereof
to whom such authority has been delegated by the head of the using agency in writing, filed with the
Purchasing Agent. No purchase order made or contract entered into by the Purchasing Agent shall be
valid unless there be endorsed thereon the certificate of the Director of Finance that there is an
unexpended and unencumbered balance in the appropriation and allotment applicable thereto. Nothing
herein, however, shall be taken to prevent the Purchasing Agent from making purchases for a stores
revolving fund which the Metropolitan Council is hereby authorized to establish, and to make sales from the
stores account to the several using agencies based on their requisitions; provided that the Director of
Finance certifies that there is an unexpended and unencumbered balance in the appropriation and
allotment to be charged.
SECTION 4.11
Records Relating to Competitive Bidding
A record of all bids, showing the names of the bidders and the amount of the bids, and indicating in
each case the successful bidder, together with the originals of all sealed bids and other documents
pertaining to the making of purchases and the award of contracts, shall be preserved by the Purchasing
Agent for six years in a file which shall be open to public inspection during regular business hours.
SECTION 4.12
Transaction Not to Be Divided
No transaction, which is essentially a unit, shall be divided for the purpose of evading or so as to
evade the intent of Section 4.09.
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SECTION 4.13
Financing Mayor-President's Office
The number and compensation of the employees in the office of the Mayor-President, including the
Division of Purchasing, shall be fixed by the Metropolitan Council. The compensation of the MayorPresident and all other expenses of his office, including those of the Division of Purchasing, shall be
provided by appropriations made by the Council.
SECTION 4.l4
Chief Administrative Officer
(a) For the purpose of assisting in the supervision and coordination of the duties of the MayorPresident's office, the Mayor-President may appoint a Chief Administrative Officer who shall be an
unclassified employee in the office of the Mayor-President. He shall perform the duties hereinafter
enumerated and may appoint one secretary or confidential assistant who shall likewise be unclassified. All
other employees assigned to his office shall be appointed and removed subject to the provisions of Chapter
9 of this Plan of Government.
(b) The Chief Administrative Officer shall have the following minimum qualifications:
(l) At least five years' experience in an administrative capacity; and,
(2) Must have graduated from an accredited four-year college or university.
(c) The Chief Administrative Officer shall assist the Mayor-President in the duties of his office and
shall have and perform the following mandatory duties:
(l) Make studies of the internal organization and procedures of any office, department or board,
and require such reports from any of them which he deems necessary.
(2) Make reports prescribing accepted standards of administrative practice for all administrative
offices, departments and board.
(3) Prepare an annual statistical report of City and Parish operation for submission to the MayorPresident and the Metropolitan Council, including appropriate recommendations for revisions and changes
in administrative practices and other departmental procedures.
(d) Anything in this Chapter to the contrary not withstanding, the compensation of the Chief
Administrative Officer and all other expenses of his office shall be provided by appropriations made by the
Council. (As amended November 3, l964.) (As amended October 20, 2007)
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CHAPTER 5
PUBLIC WORKS
SECTION 5.01
Public Works Departments
There shall be six (6) departments and an Office of Business Operations and Capital Programs as
described in Section 5.02 of the Plan of Government, as amended, and further that there will be one
Director for each of the departments created and established in accordance with Section 5.02 of the Plan
of Government, as amended. (As amended December 6, 2014)
SECTION 5.02
Organization and Functions
The following departments are herby created and established:
(a) The Department of Environmental Services shall include a Wastewater Division which will be
responsible for wastewater operations, maintenance, engineering, construction and finance/administrative
resources; and a Sanitation Division which shall be responsible for solid waste, landfill, recycling, solid
waste environmental functions, overseeing Department of Environmental Quality compliance, garbage cart
management, City and Parish recycling programs, landfill management and management of the City and
Parish solid waste collection contractor. (As amended December 6, 2014)
(b) The Department of Transportation & Drainage shall include transportation-related functions
including oversight of traffic engineering, traffic operations, traffic signal and sign installation and
maintenance, parking meter maintenance, road closures and public notifications, taxicab inspections, traffic
volume counts, oversight of the Advance Traffic Management Center, traffic volume and average daily
traffic calculations, traffic analysis and associated studies, street and curb painting, support for construction
of capital improvements projects, inspection and compliance for new roadway construction, peer reviews of
design and engineering plans, project management, support engineering services for capital improvements
programs involving highways, bridges, drainage, and flood control, bridge inspections, contractor oversight
for engineering studies and design engineering, and flood control measures including levee permits and
inspections, bridge repair, guard rail repair, and road rehabilitation programs with oversight of contracted
program management team. (As amended December 6, 2014)
(c) The Department of Maintenance shall include drainage maintenance functions such as
roadside ditch digging and off-road canal excavation, canal debris removal, inspections of roadside ditches
and canals, vector truck operations, storm drain and catch basin repair concrete work, erosion remediation,
land and surveying for property lines, landscape and forestry, oversight of grass maintenance functions
involving mowing, weed eating, and litter clean up, and street maintenance functions for asphalt, pothole
patching, tree maintenance and demolitions. (As amended December 6, 2014)
(d) The Department of Development shall include development-related functions such as the
subdivision office, which includes engineering functions involving work plan reviews, field inspections and
environmental reviews, flood zone determinations, FEMA floodplain maps, permitting for residential and
commercial purposes (building plan review and approval), inspections and code enforcement for
addressing, building occupancy, mechanical, plumbing, and electrical needs, code enforcement for blight
elimination including zoning ordinance compliance, blight and litter elimination, and condemnations and
demolitions. (As amended December 6, 2014)
20
(e) The Department of Buildings and Grounds shall include oversight of City and Parish
infrastructure-related functions and buildings such as public building maintenance, which also includes
Sheriff's office and substations, Parish prison, City and District Court buildings, and River Center
maintenance, City and Parish owned parking garages and architectural services. (As amended December
6, 2014)
(f) The Department of Fleet Management shall include oversight and management of Central
Garage functions, including maintenance and repairs for all City and Parish vehicles, as well as in-house
maintenance for all City and Parish equipment such as tractors, bulldozers and excavators. (As amended
December 6, 2014)
(g) The Office of Business Operations and Capital Programs is hereby created and established for
the purpose of providing essential business and programmatic support for the departments described in
Section 5.02. (As amended December 6, 2014)
(h) Such other Departments or other units of administration, with such powers and duties as may
be required by the action of the Council whose budget is to provide the cost thereof. (As amended
December 6, 2014)
SECTION 5.03
Department of Public Works
Financing
The compensation of the Directors of Environmental Services, Transportation & Drainage,
Maintenance, Buildings and Grounds, Fleet Management, and Development and the number and
compensation of the officers and employees in these departments shall be set by the Metropolitan Council.
The cost, however, of operating the Departments of Building & Grounds, Maintenance and Fleet
Management, if established, shall be distributed between the several departments, divisions, offices and
agencies using the services of the same,, by means of a system of charges for such services, based on
actual cost, to be established by the Council. The Council is hereby specifically authorized to establish by
appropriation revolving funds for each of these departments, to be replenished by the charges above
provided. (As amended December 6, 2014)
SECTION 5.04
Director of Public Works
Qualification, Powers and Duties
Each of the Directors of the Departments as described in Section 5.02 shall (i) have received a
college degree (which must include the completion of engineering courses, or business management
courses, or public administration management courses), from an accredited four (4) year college or
university, and (ii) have at least ten (10) years of relevant administrative/management experience. Each
Director shall have the general management and control of such Director's respective Department, subject
to the provisions of Chapter 9 of this Plan of Government, shall appoint and remove all the officers and
employees of such Department and shall have power to make rules and regulations for the conduct of its
business consistent with the Plan of Government and the ordinances of the Council. The Department of
Environmental Services, the Department of Transportation & Drainage, and the Department of
Development shall each have at least one (1) Chief Engineer, in responsible charge, as defined by Title 37
of L.R.S., who shall, as a minimum, be a professional engineer licensed to practice in the State of
Louisiana.
The Department of Buildings and Grounds shall have at least one (1) Chief Architect who as a
minimum shall be a licensed architect registered in the State of Louisiana. (As amended December 6,
2014)
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CHAPTER 6
POLICE DEPARTMENT
SECTION 6.01
Police Department for the City of Baton Rouge
There shall be a Police Department for the City of Baton Rouge as extended by this Plan of
Government. It shall consist of a Chief of Police, who shall be the head of the department, and such other
officers and employees of such ranks and grades as may be provided by the Metropolitan Council. The
Police Department shall be responsible within the city limits for the preservation of public peace and order,
the prevention of crime, the apprehension of criminals, the protection of rights of persons and property, and
the enforcement of the laws of the state and the ordinances of the Council. All members of the department
shall have the same powers and duties with respect to the enforcement of criminal laws as are now or may
hereafter be conferred by the laws of the state on police officers. (As amended October 20, 2007)
SECTION 6.02
Police Department - Organization
The Metropolitan Council shall have, except as provided in this Plan of Government, all the powers
and duties relating to the organization and activities of a Police Department conferred or imposed on the
City of Baton Rouge by its charter and the general laws of the state. The Chief of Police shall be in direct
command of the department and, subject to the provisions of Chapter 9 of this Plan of Government, shall
have power to appoint and remove all other officers and employees of the department. He shall assign all
members of the department to their respective posts, shifts, details and duties. He shall make rules and
regulations consistent with this Plan of Government, the ordinances of the Council, and the laws of the
state, concerning the operation of the Police Department, the conduct of its officers and employees, and
their equipment, training and discipline, and the penalties to be imposed for infraction of such rules and
regulations, which when approved by the Council shall be binding on all members of the department.
SECTION 6.03
Continuance of Civil Service Status
Existing Members of Police Department
All regular full-time officers and employees of the Police Department of the City of Baton Rouge on
the first day of January l949 are hereby continued as members of the City Police Department in their then
ranks and grades, and shall hold such positions until promoted, demoted, transferred or removed, as
provided in Chapter 9 of this Plan of Government.
SECTION 6.04
Financing of Police Department
The Police Department shall be supported by appropriations made by the Metropolitan Council.
22
CHAPTER 7
FIRE DEPARTMENT
SECTION 7.01
Fire Department for the City of Baton Rouge
There shall be a Fire Department for the City of Baton Rouge as extended by this Plan of
Government. It shall consist of the Fire Chief, who shall be head of the department, and such other officers
and employees of such ranks and grades as may be provided by the Metropolitan Council. It shall be
responsible for providing fire protection within the boundaries of the City of Baton Rouge and not
elsewhere in the Parish, and any service rendered outside such area, except in accordance with a mutual
assistance agreement, shall be rendered only with the approval of the Chief or acting chief, who shall not
approve such outside service in any case in which the assistance given will detract from the protection
provided within the boundaries of the City of Baton Rouge. The City Council shall, immediately after the
first day of January 1949, provide by the issuance of bonds approved by the resident property taxpayers
qualified to vote in the City of Baton Rouge or by the issuance of excess revenue bonds, for the
construction of fire houses and a fire alarm system and the purchase of equipment sufficient to furnish
adequate fire protection throughout the City. It shall also be the duty of the Council to increase the number
of employees of the department to man adequately all of the City's firefighting equipment. (As amended
October 20, 2007)
SECTION 7.02
Fire Department Organization
The Metropolitan Council shall have, except as provided in this Plan of Government, all the powers
and duties relating to the organization and activities of the Fire Department conferred or imposed on the
City of Baton Rouge by its charter and general laws of the state. The Fire Chief shall be in direct command
of the department and, subject to the provisions of Chapter 9 of The Plan of Government, shall have power
to appoint and remove all other officers and employees of the department. He shall assign all members of
the department to their respective posts, shifts, details and duties. He shall make rules and regulations,
consistent with this Plan of Government, the ordinances of the Council and the laws of the state,
concerning the operation of the Fire Department, the conduct of its officers and employees, their
equipment, training and discipline, and the penalties to be imposed for the infraction of such rules and
regulations, which rules and regulations, when approved by the Council, shall be binding on all members of
the department.
SECTION 7.03
Continuance of Civil Service Status
Existing Members of the Fire Department
All Regular full-time officers and employees of the Fire Department of the City of Baton Rouge and
all regular full-time firemen employed by East Baton Rouge Parish on the first day of January 1949, are
hereby continued as members of the City Fire Department in their present ranks and grades, and shall hold
such positions until promoted, demoted, transferred or removed as provided in Chapter 9 of this Plan of
Government. All regular full-time employees of Fire Protection District Number One of East Baton Rouge
Parish shall also be transferred to the City Fire Department without competitive examination, provided they
meet all requirements for admission to competitive examinations.
SECTION 7.04
Financing of Fire Department
The Fire Department shall be supported by appropriations made by the Metropolitan Council.
23
CHAPTER 8
FINANCE
SECTION 8.01
Director of Finance
The head of the Department of Finance shall be the Director of Finance. He shall be a person
skilled in local government accounting, budgeting and financial control, and shall further have graduated
from an accredited four-year college or university with a major course in accounting or public
administration, and have six years progressively responsible accounting experience. It shall be his duty to:
(As amended October 20, 2007)
(a) Compile for the Mayor-President the estimates for the current expense and capital budgets.
(b) Maintain accounting systems for the Parish, the City, and districts of which the Metropolitan
Council is the governing body, hereafter in this Chapter referred to as Districts, and for each department,
office and agency thereof, in accordance with the best recognized practices in governmental accounting;
keep records for and exercise financial and budgetary control over each such department, office, or
agency; keep separate accounts for the items of appropriation contained in the budget ordinance, and
encumber such items of appropriation with the amount of each purchase order, payroll or contract,
approved by him for sufficiency of funds, immediately upon such approval; and keep such records as shall
show at all times for each account the amount of the appropriation, the amounts paid therefrom, the
amount of unpaid encumbrances, and the unencumbered balance. (As amended October 20, 2007)
(c) Prescribe the form of receipts, vouchers, bills or claims to be used, and the accounts to be kept,
by all departments, offices and agencies of the Parish, the City, and Districts, and provide suitable
instructions for the use thereof.
(d) Prescribe the times at and the manner in which moneys received by any department, office or
agency for the Parish, City, or any District, shall be paid to the Parish and City Treasurer or deposited in a
bank account under his control to the credit of the Parish, City, or District, as the case may be.
(e) Examine all contracts, purchase orders and other documents which involve financial obligations
against the Parish, the City, or any District, and approve the same only upon ascertaining that moneys have
been appropriated, and that an unexpended and unencumbered balance is available in such appropriation
to meet the same. (As amended October 20, 2007)
(f) Review before payment all bills, invoices, payrolls, and other claims, demands, or charges
against the Parish, the City, or any District, and approve the same only if proper, legal and correct. (As
amended October 20, 2007)
(g) Inspect and audit the accounts and records of financial transactions maintained in
each department, office and agency of the Parish, the City and Districts.
(h) Prepare at the request of the Mayor-President, interim financial statements and reports of the
financial transactions of the Parish, the City and Districts. (As amended October 20, 2007)
(I) Prepare for the Mayor-President each year, a complete financial statement and report of the
financial transactions for the preceding year, of the Parish, the City, and Districts. (As amended October
20, 2007)
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(j) Appoint and remove subject to the provisions of Chapter 9 of this Plan of Government, all
employees of the Department of Finance.
(k) Designate, with the approval of the Mayor-President, an employee of the Department of
Finance, as Deputy Director of the Department of Finance, who may have and perform all the powers and
duties herein conferred or imposed on the Director of Finance. (As amended November 3, 1964.)
SECTION 8.02
Parish and City Treasurer
There shall be a Parish and City Treasurer who shall be appointed by the Metropolitan Council for
an indefinite term and which office, in the discretion of the Metropolitan Council, may be combined with that
of Council Administrator. The Parish and City Treasurer shall have graduated from an accredited four-year
college or university, with courses in accounting, or have at least five years of responsible work in the field
of public administration, governmental accounting, or general accounting supervision. He shall have
custody of all funds belonging to the Parish, the City, and Districts, and shall deposit the same in such
banks as may be designated by the Metropolitan Council, on such conditions as are provided by law for the
deposit of public money. He shall also be the treasurer of all special and trust funds, with power to invest
the same under such conditions as may be prescribed by ordinance by the Council, except where
otherwise provided by law or by the terms of the trust. He shall have such other powers and duties, not
inconsistent with this Plan of Government, as are conferred or imposed on Parish Treasurers by law, and
shall appoint and remove, subject to the provisions of Chapter 9 of this Plan of Government, all employees
of his office. (As amended November 3, 1964.)
SECTION 8.03
Disbursements
No disbursements shall be made from the funds of the Parish, the City, or any District except by an
instrument authorized by the Treasurer, based upon a voucher or payroll duly reviewed and approved by
the Director of Finance. The Metropolitan Council may by ordinance authorize the Treasurer to use a
check signing machine or other similar device for affixing the facsimile signature of the Treasurer to checks
and other negotiable instruments drawn on the various accounts subject to his control and custody. The
Council shall provide in such ordinance such safeguards as may be necessary for the proper protection of
the public assets. (as amended on November 6, 1965.) (As amended October 20, 2007)
SECTION 8.04
Surety Bonds
The Mayor-President, the Director of Finance, the Parish and City Treasurer, and all other officers
and employees concerned in the handling of money, shall be covered by such surety company bonds,
conditioned upon the faithful performance of their duties, as are prescribed by law, or shall be required by
ordinance of the Metropolitan Council and shall be paid from appropriations made by the Metropolitan
Council. (As amended October 20, 2007)
SECTION 8.05
Collection of Taxes
All taxes levied and all other licenses, fees, and other charges imposed by the Metropolitan
Council as the governing body of the Parish, the City, or of any district shall be collected as directed by the
Director of Finance except as provided by State law. The Council may by resolution enter into an
agreement with the Sheriff for the collection by the Sheriff of taxes levied in the City. Otherwise they shall
be collected by the Director of Finance and the actual cost of such collection shall be paid from an
appropriation thereof made by the Council. (As amended October 20, 2007)
25
SECTION 8.06
Fiscal Year
The fiscal year of the Parish, the City, and Districts shall commence on the first day of January in
each year and end on the last day of the succeeding December.
SECTION 8.07
Department Estimates
The head of every department, office or agency receiving financial support from the Metropolitan
Council shall file with the Director of Finance, at such time in each year as the Mayor-President may
require estimates of revenues to be received by that department, office or agency for or on account of the
Parish, City, or any District, and of the expenditures of that department, office or agency for the ensuing
year. Such estimates shall be submitted upon forms prescribed by the Director of Finance and shall
contain all information which the Mayor-President shall require. The Mayor-President, with the assistance
of the Director of Finance, shall review these estimates and revise them as he may deem advisable. (As
amended October 20, 2007)
SECTION 8.08
Submission of the Budgets
Not later than the fifth day of November in each year the Mayor-President shall submit to the
Metropolitan Council a current expense budget and a capital budget for the Parish, the City and for each
District of which such Council is the governing body. The capital budget for the Parish, the City or the
Districts shall provide for those capital projects or capital outlays which will be financed from revenues for
the ensuing fiscal year and available surpluses from prior years. (As amended October 20, 2007)
SECTION 8.09
Scope of Current Expense Budgets
Each current expense budget shall contain in respect of the unit of local government to which it is
applicable: (a) an estimate of all revenues anticipated; (b) an estimate of the surplus or deficit from the
current fiscal year; (c) debt service requirements for the ensuing fiscal year; (d) all other estimated
expenditures for the ensuing fiscal year to be met from current revenues; and provided further, that in no
event shall the total estimated expenditures exceed total anticipated revenues combined with the estimated
surplus or deficit at the end of the current fiscal year. Revenues shall be shown by sources and
expenditures by organization units and activities, and the budgets shall be so arranged as to show
comparative figures for revenues and expenditures for prior years, for the current year, and the MayorPresident's recommendations for the ensuing year. The current expense budgets shall be accompanied by
such supplementary schedules supporting the estimates of revenues and expenditures as the MayorPresident may supply or the Metropolitan Council may request. (As amended October 20, 2007)
26
SECTION 8.10
Allocations of Parish Revenues to Municipalities
The Metropolitan Council, as authorized by Section 3(a) of Article XIV of the Constitution of
Louisiana, shall allocate Parish revenues annually to the three municipalities of the Parish by including in
the current expense budget for the Parish items of appropriation to these municipalities. The total of such
allocations shall not be less, in any one fiscal year, than the equivalent of three mills on the taxable
valuation of the industrial areas.
All allocations of Parish revenues made under authority of this Section shall be appropriated and
distributed to the municipalities of the Parish in the proportion that the population of each said municipality,
based upon the last federal census, bears to the total population of the three municipalities in the Parish.
All amounts so appropriated to the municipalities by the Council shall be treated as anticipated revenue in
the current expense budgets of the respective municipalities. Adjustments of allocations based upon
changes in population as determined by the latest federal census shall be effective on the first day of
January after the promulgation of each succeeding census. (As amended November 3, 1964.)
SECTION 8.11
Capital Budgets
Each capital budget shall present a program of capital expenditures for the unit of local
government concerned, and the method of financing them and shall include in the appropriate current
expense budget any projects to be financed from revenues for the ensuing fiscal year and available
surpluses at the end of the current fiscal year. The Council shall have power to accept, with or without
amendment, or reject, the proposed program and proposed means of financing, but such Council shall not
authorize any expenditure for the construction of any building, structure, work or improvement, unless the
appropriation for such project is included in its capital budget or amendments thereto except to meet a
public emergency threatening the lives, health or property of the inhabitants, when passed by seven votes
of the Council. Capital budgets may be approved or amended by the Metropolitan Council at any time
during the year. (As amended October 20, 2007)
SECTION 8.12
Budget Message
The Mayor-President shall submit, together with the current expense and capital budgets, a budget
message containing his recommendations concerning the fiscal policy of the Parish, the City, and Districts,
a description of the important features of the budgets, and an explanation of all major increases or
decreases in budget recommendations as compared with expenditures for prior years. (As amended
October 20, 2007)
SECTION 8.13
Budgets Public Records
All the budgets and supplementary schedules submitted by the Mayor-President shall be public
records and shall be open to inspection in the office of the Council Administrator during regular business
hours. The budget message and summaries of the current expense and capital budgets shall be published
in the official journal of the Parish not later than the sixth day following their submission, together with
notice of public hearings therein to be held not later than the fourteenth day following such publication. (As
amended November 8, 1966.) (As amended October 20, 2007)
27
SECTION 8.14
Public Hearings
The public hearing on each budget shall be conducted separately by the Council but all such
hearings, may be announced for the same time and place. The hearings, or any of them, may be
adjourned from time to time.
SECTION 8.15
Action by the Metropolitan Council on Current Expense Budgets
After the conclusion of such public hearings the Metropolitan Council may amend the current
expense budgets by inserting new items of expenditure, or increasing, decreasing or striking out items of
expenditure, except that no item of appropriation for debt service shall be reduced below the amount
certified by the Director of Finance as necessary therefor. The Council shall not alter the Mayor-President's
estimate of revenues except to correct errors and omissions in which event a full explanation shall be
provided in the minutes of the Council, but the Council may decrease the amount of anticipated revenues
for the ensuing fiscal year as proposed in its current expense budgets by the Mayor-President in proportion
to such decrease as it may make in the total expenditures proposed by the Mayor-President. In no event
shall the Council cause the total proposed expenditures to exceed total anticipated revenues combined
with estimated surplus or deficit at the end of the current fiscal year. Not later than the fifteenth day of
December and not earlier than the thirty-first day following its publication the Council shall adopt the current
expense budgets. If the Council shall fail to adopt the current expense budgets by the fifteenth day of
December, it shall be presumed to have adopted the budgets submitted by the Mayor-President. On and
after the first day of January the current expense budgets as adopted shall be in effect for the fiscal year
beginning on that day. A copy of each of such budgets, certified by the Council Administrator, shall be filed
in the office of the Director of Finance. The totals in each current expense budget for each organization
unit and activity shall constitute appropriations for their respective purposes, and no expenditure shall be
made except in accordance therewith. Summaries of the current expense budgets as finally adopted shall
be published once in the official journal of the Parish. (As amended October 20, 2007)
SECTION 8.16
Work Programs and Allotments
After the current expense budgets have been adopted and before the beginning of the fiscal year
to which they are applicable the head of each department, office or agency to which any appropriation is
made thereby, shall submit to the Mayor-President, in such form as he shall prescribe a work program.
The Mayor-President may implement a quarterly or monthly appropriation allotment system so as to control
cash resources as necessary. If the Mayor-President shall at any time ascertain that there will not be for
the Parish, the City, or its Districts, sufficient funds to meet total appropriations, it shall be his duty to revise
appropriations so as to forestall the incurring of a deficit. (As amended October 20, 2007)
SECTION 8.17
Transfers of Appropriations
The Mayor-President may at any time authorize the transfer of any unencumbered balance of an
appropriation, or portion thereof, to supplement another appropriation made in the same budget to the
same department, office or agency. At the request of the Mayor-President, the Metropolitan Council may
by resolution transfer any unencumbered balance of an appropriation made by it, or portion thereof, to
supplement an appropriation made in the same budget to another department, office or agency. (As
amended October 20, 2007)
28
SECTION 8.18
Additional Appropriations
Appropriations in addition to those contained in any current expense budget shall be made only on
the recommendation of the Mayor-President and only if the Director of Finance certifies that sufficient funds
are available in accordance with the best recognized practices in governmental accounting to meet such
appropriation. (As amended October 20, 2007)
SECTION 8.19
Lapse of Appropriations
Any portion of a current expense appropriation remaining unexpended and unencumbered at the
close of the fiscal year shall lapse. Capital budget appropriations shall not lapse until the purpose for which
the appropriation was made shall have been accomplished or abandoned; provided that any project shall
be deemed to have been abandoned if three fiscal years pass without any expenditure from or
encumbrance of the appropriation therefor.
SECTION 8.20
Certification of Funds, Penalties for Violation
No payment shall be made and no obligation incurred against any appropriation unless the Director
of Finance shall first certify that there is a sufficient unexpended and unencumbered balance in such
appropriation to meet the same. Every expenditure or obligation authorized or incurred in violation of the
provisions of this Chapter shall be void. Every payment made in violation of the provisions of this Chapter
shall be deemed illegal, and every official who shall knowingly authorize or make such payment of take part
therein, and every person who shall knowingly receive such payment or any part thereof, shall be jointly
and severally liable to the Parish, the City, or District concerned, for the full amount so paid or received. If
any officer or employee of the Parish, the City, or any District, shall knowingly incur any obligation or shall
authorize or make any expenditure in violation of the provisions of the Chapter or knowingly take part
therein, such action shall be cause for his removal. (As amended October 20, 2007)
SECTION 8.21
Annual Audit
The Metropolitan Council shall provide for an annual audit of the accounts of the Parish, the City,
and Districts of which the Metropolitan Council is the governing body and for each department, agency, or
office thereof, by a firm of certified public accountants. (As amended October 20, 2007)
SECTION 8.22
Expense of Financial Administration
The compensation of the Director of Finance and the Parish and City Treasurer and the number
and compensation of the employees in their respective offices shall be fixed by the Metropolitan Council.
The cost of financial administration, as provided in this Chapter, including the annual audit, shall be
provided by appropriations made by the Metropolitan Council. (As amended October 20, 2007)
SECTION 8.23
New Sales Taxes
Except where authorized by a majority of those voting in an election called for that purpose and
open to all electors, the Metropolitan Council shall not levy any new Sales Taxes. (as amended October
27, 1979.)
29
SECTION 8.24
Bond or Tax Elections
The Metropolitan Council shall only be authorized to call and thereafter hold a bond or tax election:
(i) on a date on which the Louisiana Election Code (Title 18 of the Louisiana Revised Statutes of 1950, as
amended from time to time) (the “Louisiana Election Code”) authorizes the holding of (a) both a bond or tax
election and a gubernatorial election, or (b) both a bond or tax election and a Congressional election; (ii) in
a year in which the Louisiana Election Code does not provide for the holding of either a gubernatorial
election or a congressional election, on a date in September, October or November in any such calendar
year, which specific date shall be in accordance with the dates for bond, tax or other elections as set forth
in the Louisiana Election Code; or (iii) after the Metropolitan Council has determined that an emergency
exists and has approved the calling of the election by a vote of a majority of the members of the
Metropolitan Council, which election shall be held on a date in accordance with the schedule of dates for
bond, tax or other elections as set forth in the Louisiana Election Code. This amendment shall be effective
January 1, 2000. (As amended November 3, 1998)
30
CHAPTER 9
PERSONNEL
SECTION 9.01
System for Policemen and Firemen
Appointments, transfers, promotion, demotions, removals, and all other matters relating to the
management of personnel in and for the Fire Department and Police Department shall be subject to the
general laws of the state applicable to the City of Baton Rouge; provided that wherever in such laws the
term Mayor is used it shall be interpreted to mean Mayor-President as far as the application of such laws to
the City of Baton Rouge is concerned.
SECTION 9.02
Parish and City Personnel Civil Service System
There shall be a Parish and City Personnel Civil Service System, as provided in this Chapter, for all
departments, offices and agencies, except the Police and Fire Departments, supported by appropriations made
by the Metropolitan Council, and all other Parish offices and boards to which the provisions of this Chapter are
constitutionally applicable. For the management and operation of the Parish and City Personnel Civil Service
System there shall be a Personnel Administrator appointed by the Mayor-President for an indefinite term, and
a Personnel Board of five members appointed for terms of four years. Two members of the board shall always
be members of the Classified Service, one elected from the Department of Public Works employees and one
elected by the non-Department of Public Works employees. Two members shall always be appointed by the
Council and one by the Mayor-President who shall be known to be in agreement with the Civil Service system
and shall not hold or be a candidate for any other public office or position. (As amended October 6, 1990.
Changed from a three member board to a five member board.) (As amended September 30, 2006. Changed
from a three year term to a four year term.) (As amended October 20, 2007)
SECTION 9.03
Personnel Administrator - Powers and Duties
The Personnel Administrator shall have power and be required to:
(a) Prepare and recommend to the Personnel Board and Metropolitan Council rules to carry out
the provisions of this Chapter and any other ordinances or resolutions approved by the Metropolitan
Council. (As amended October 20, 2007)
(b) Conduct open competitive examinations for all original appointments and, for promotions, in
the Classified Service; provided that in formulating examinations the Personnel Administrator shall consult
with the officers having the power of appointment, as to their personnel requirements. (As amended
October 20, 2007)
(c) Restrict, in accordance with such rules, eligibility to take such examinations, to persons
reasonably qualified, by education, experience, age, and physical condition, to perform their respective
duties.
(d) Maintain eligible lists based on such examinations for each class of position in the Classified
31
Service, and whenever a vacancy is to be filled certify the names of the top three grade groups standing
highest on the eligible list applicable to the position concerned. If there are on such eligible list less than
three grade groups it shall be the duty of the Personnel Administrator to give notice of and hold an
examination for the recruitment of such list, and if after such notice and examination there still are fewer
than three grade groups on such eligible list the Personnel Administrator shall certify all such names. No
appointment shall be made except from an eligible list so certified by the Personnel Administrator except as
provided in the following subsection; provided that the Personnel Administrator, with the approval of the
Personnel Board, may enter into agreements with other public personnel departments or agencies for the
joint administration of examinations and the joint use of eligible lists. (As amended October 20, 2007)
(e) Authorize in writing temporary appointments to vacancies in positions for which there is no
eligible list provided that no such temporary appointment shall be for a longer period than three months and
shall not be subject to renewal.
(f) Prepare and recommend to the Mayor-President a classification plan covering all positions in
the Classified Service. (As amended October 20, 2007)
(g) Prepare and submit to the Mayor-President separate pay plans covering the members of the
Classified Service whose compensation is provided from appropriations by the Council.
(h) Maintain a roster of all persons in the Classified Service in which there shall be set forth as to
each such person: (1) the class title of the position held; (2) the salary of pay; (3) any changes in class
title, pay or status; and (4) such other data as may be deemed desirable or useful.
(I) Certify all payrolls for persons in the Classified Service and no payment for personal services to
any person in the Classified Service shall be made unless the pay roll voucher bears the certificate of the
Personnel Administrator that the persons mentioned therein have been appointed and employed in
accordance with the provisions of this Chapter.
(j) Direct and enforce the maintenance by all departments, offices and agencies in which members
of the Classified Service are employed, of such personnel records and service ratings of members of the
Classified Service as it shall prescribe.
(k) Organize plans for the recruitment of trained personnel for the service of the Parish and City,
and promote a systematic program of in-service training for members of the Classified Service to qualify
them for advancement.
(l) Investigate any or all matters relating to conditions of employment in all departments, offices
and agencies in which members of the Classified Service are employed, and make an annual report to the
Mayor-President and the Metropolitan Council. (As amended October 20, 2007)
SECTION 9.04
Personnel Board - Powers and Duties
The Personnel Board shall have power and be required to:
(a) Adopt and amend, on the recommendation of the Personnel Administrator, rules consistent
with this Plan of Government and the ordinances of the Metropolitan Council, for the purpose of carrying
out the provisions of this Chapter. Among other things they shall provide for the method of holding
competitive examinations; the method of certifying eligibles for appointment; the establishment,
maintenance, consolidation and cancellation of eligible lists; methods of promotion and the application of
service ratings thereto; probationary periods of employment; the transfer of employees within the
Classification Plan; hours of work, vacations, sick leaves, and other leaves of absence, overtime pay; the
order and manner in which layoffs shall be effected, and suspensions and dismissals and appeals
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therefrom; and such other rules as may be necessary to provide an adequate and systematic procedure for
handling the personnel affairs of the Parish and City. (As amended October 20, 2007)
(b) Hear appeals from members of the Classified Service affected by the classification,
reclassification, and allocation of positions, and also hear appeals from any disciplinary action suspending,
reducing in rank or pay, or removing any member of the Classified Service as hereinafter provided. (As
amended October 20, 2007)
(c) Make recommendations to the Personnel Administrator to Investigate any or all matters
relating to conditions of employment in all departments, offices and agencies in which members of the
Classified Service are employed, and make at least annually a report of its findings to the Council. (As
amended October 20, 2007)
SECTION 9.05
Classified and Unclassified Services
The service of all departments, offices, and agencies, except the Police and Fire Departments,
supported by appropriations made by the Metropolitan Council, shall be divided into the Unclassified and
the Classified Services.
The Unclassified Service shall comprise: (a) officers elected by the people and persons
appointed to fill vacancies in elective offices; (b) persons appointed by the Metropolitan Council and the
Mayor-President; (c) the heads of departments appointed by the Mayor-President or the Metropolitan
Council, the Chief Executive Officer of each board and commission appointed by the Council, and not
more than one assistant and confidential secretary to the Mayor-President and each head of a
department; (d) the Clerk of the City Court/Judicial Administrator ; (e) Assistant Parish attorneys; (f)
persons employed in a professional or scientific capacity to make or conduct a temporary or special
inquiry, investigation or examination, including special counsel. (As amended October 20, 2007)
The Classified Service shall comprise all positions included in the Parish and City Personnel Civil
Service System as defined in Section 9.02 not specifically included by this Section in the Unclassified
Service. All appointments and promotions in the Classified Service shall be made as provided in Section
9.03. No member of the Classified Service shall be suspended for more than thirty days, reduced in rank
or pay, or removed, except after notice in writing of the grounds of the proposed disciplinary action and an
opportunity to be heard thereon by the Personnel Board at a hearing which may be public at his option,
and at which he may be represented by counsel, to be held not less than ten nor more than sixty days
after the service of such notice at a time to be specified therein. The decision of the Personnel Board
either sustaining, reversing or modifying the disciplinary action against a Classified Service member may
be appealed by such Classified Service member or the applicable department head to the Nineteenth
Judicial District Court within sixty (60) calendar days from the appealing party’s receipt of notice of the
Personnel Board’s decision.
At all such hearings, and as otherwise required for the purpose of the administration of the
provisions of this Chapter and of the rules and regulations of the Personnel Board, the Personnel
Administrator shall have the power to make services and to administer oaths, for disobedience of which
the penalties prescribed in Section 9.11 shall apply. (As amended November 3, 1964.) (As amended
October 20, 2007)
In addition to the classified and unclassified service, with the approval of the Metropolitan Council,
the Mayor-President may exercise the power to contract with individuals, on behalf of the City of Baton
Rouge and Parish of East Baton Rouge, for services that are temporary, part-time, or seasonal in nature
or with persons employed in a scientific or professional capacity for temporary or special inquiry,
investigation or examination, including special counsel. (As amended October 20, 2007)
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SECTION 9.06
Classification Plan
The Personnel Administrator first appointed shall, as soon as practicable after his appointment,
prepare and submit to the Personnel Board a Classification Plan for all positions in the Classified Service,
according to similarity of authority, duties and responsibilities. The Personnel Board shall hold a public
hearing thereon at least ten days' notice of which shall be given by publication in the official journal of the
Parish, and within thirty days after the submission of the plan by the Personnel Administrator it shall reject
or adopt the same with or without modification. Changes in the classification Plan may thereafter be
recommended from time to time by the Personnel Administrator. The Personnel Administrator shall
submit those recommendations to the Personnel Board for their review and recommendations. The
recommendations of the Personnel Administrator and Personnel Board shall be submitted to the MayorPresident . Thereafter, the Mayor-President shall propose a Classification Plan to the Metropolitan Council
for adoption. After the adoption of the Classification Plan the class titles set forth therein shall be used to
designate such positions in all official records, documents, vouchers and communications, and no person
shall be appointed to or employed in a position not in the adopted Classified Plan. Employees affected by
the allocation or reallocation of a position to a class or by any change in the Classification Plan shall be
afforded an opportunity to be heard thereon by the Personnel Board after filing with the Personnel
Administrator a request for such hearing. (As amended October 20, 2007)
SECTION 9.07
Pay Plans
The Personnel Administrator shall prepare and recommend to the Mayor-President, separate Pay
Plans which shall be transmitted by the Mayor-President with his recommendations to the Metropolitan
Council. Each such Pay Plan shall consist of a salary range for each class of position in the Classification
Plan, which shall provide for regular increases within each such range, to be earned by length of service
and satisfactory service ratings. Each such range shall be determined with due regard to the salary
ranges for other classes and to the relative difficulty and responsibility of characteristic duties of positions
in the class, the minimum qualifications required, the prevailing rate paid for similar employment outside
the service of local government, and any other factors that may properly be considered to have a bearing
on the fairness and adequacy of the range. The Council shall have power to adopt the Pay Plans, with or
without modification. When so adopted each Pay Plan shall remain in effect until amended by the
Council. When a Pay Plan has been adopted by the Council, the Council shall not increase or decrease
the salaries of individual members of the Classified Service but shall act in fixing the salaries of members
of the Classified Service only by amendment of the Pay Plan. (As amended October 20, 2007)
SECTION 9.08
Promotions
Vacancies in higher positions in the Classified Service shall, as far as practicable, be filled by
promotion from lower classes upon the basis of competitive examinations including a consideration of
service ratings; provided that in case the Personnel Administrator so determines, with the approval of the
Mayor-President, such position shall be filled by competitive examination open not only to persons in the
Classified Service but also to all other qualified persons. The provisions of Subsection (d) of Section 9.03
relating to eligible lists, shall be applicable to filling vacancies under this Section.
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SECTION 9.09
Status of Present Employees
All regular full-time employees of the City of Baton Rouge and East Baton Rouge Parish at the
effective date of this Plan of Government, except policemen and firemen, shall be given preference over
all other applicants in the determination of eligible lists for appointment to positions in the Classified
Service as defined in Section 9.05; provided that they possess the qualifications as to education, age, and
physical condition, required by the Personnel Board for the admission of candidates to competitive
examination for the class of position concerned.
SECTION 9.10
Prohibited Practices
No person in the Classified Service or seeking admission thereto shall be appointed, promoted,
reduced, removed, or in any way favored or discriminated against because of his political or religious
opinions or affiliations. No person shall willfully or corruptly make any false statement, certificate, mark
rating or report in regard to any test, certification, promotion, reduction, removal or appointment held or
made under the provisions of this Chapter, or in any manner commit or attempt to commit any fraud
preventing the impartial execution thereof or of the rules and regulations made in accordance therewith.
No officer or employee in the Classified Service shall continue in such position after becoming a candidate
for election to any public office. No person shall either directly or indirectly pay, render or give any money,
service or other valuable thing to any person for or on account of or in connection with any test,
appointment, promotion, reduction or removal in which he is concerned. No person shall orally, by letter,
or otherwise solicit or be in any manner concerned in soliciting any assessment, subscription or
contribution for any political party or political purpose whatever from any person holding a position in the
Classified Service. No person holding a position in the Classified Service shall make any contribution to
the campaign funds of any political party or candidate for public office or take any part in the management,
affairs or campaign of any political party or candidate further than in the exercise of his rights as a citizen
to express his opinion and to cast his vote. Any person who by himself or with others willfully or corruptly
violates any of the provisions of this Section shall upon conviction thereof be punished by a fine of not
more than five hundred dollars or by imprisonment for a term not exceeding six months or by both. Any
person who is convicted under this Section shall for a period of five years be ineligible for appointment to
or employment in a position in the service of the Parish, the City, or any District of which the Metropolitan
Council is the governing body, and shall, if he be an officer or employee of any of the above, immediately
forfeit the office or position he holds.
SECTION 9.11
Power of Personnel Board to Subpoena and Administer Oaths
For the purpose of the administration of the provisions of this Chapter each member of the
Personnel Board shall have the power to administer oaths and the board may by majority vote compel the
attendance of witnesses and the production of books and papers. Any person disobeying such order of
the Personnel Board shall be subject to a fine of not more than one hundred dollars or imprisonment for
not more than sixty days or both. (As amended October 20, 2007)
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SECTION 9.12
Veterans' Preference
Any person who has served in the Army, Navy, Marine Corps, Coast Guard or Air Corps of the
United States and has been honorably discharged therefrom shall be entitled to have added to his rating in
any examination held under the provisions of this Chapter ten points on a scale of one hundred if he is
eligible for or actually receiving disability compensation, pension, or other benefits from the United States,
or five points on a scale of one hundred is he is not so eligible, provided that he shall be within the age
limit specified for appointment to the position or class of position for which the examination is held, is
physically capable of performing the duties of such position, and attains in the examination without such
added points the minimum rating prescribed for passage of such examination. (As amended February 1,
1972.)
SECTION 9.13
Financing Personnel System
The cost of the Parish and City Personnel Civil Service System shall be included in the Parish
Budget. (As amended October 20, 2007)
SECTION 9.14
Applicability of General State Law
If at any time a general state law providing a Personnel System for city employees becomes
applicable to the City of Baton Rouge, the provisions of such Personnel System shall be applied to the
employees of all departments, offices and agencies supported by appropriations made by the Metropolitan
Council as fully as if such employees were employees of the City of Baton Rouge; provided that the
Unclassified Service of the Parish shall include all elective officers of the Parish, all persons appointed by
the Metropolitan Council or the Mayor-President, the heads of departments appointed by the MayorPresident and the Metropolitan Council, the Chief Executive Officer of each board and commission, one
assistant, and one confidential secretary for each head of a department, the Clerk of the City
Court/Judicial Administrator, and Assistant Parish Attorneys. (As amended October 20, 2007)
SECTION 9.15
Pensions
The Parish and City are hereby authorized to establish and maintain, by ordinances and
amendments thereto, a Retirement System for all permanent full-time employees of the Parish, the City,
and of those agencies and instrumentalities of the Parish and City as may be designated by the Council.
Such ordinances and the amendments thereto shall provide for funding of the Retirement System by
means of contributions to a Pension Trust designated by the Council, which contributions shall be made
jointly by the Parish, the City, the designated agencies and instrumentalities of the Parish and City, and by
all employees required to enroll as members of the Retirement System. The contributions required in
such ordinances and the amendments thereto shall be in an amount sufficient to establish an actuarially
sound reserve from which pensions shall be paid. The Council shall annually appropriate such additional
funds as may be required to maintain the Retirement System on an actuarially sound basis. Such
ordinances and the amendments thereto shall establish criteria for membership and vesting in the
Retirement System, and shall provide for the accrual, form and payment of benefits. Such ordinances and
the amendments thereto shall provide further both for the administration of the Retirement System and for
the creation of a Retirement Board. The Retirement Board shall administer the Retirement System as
fiduciaries, and shall have custody of and invest the assets of the Pension Trust. The Retirement Board
shall be composed of seven persons, one (1) of whom shall be a member of the Retirement System
36
employed in the City Police Department and elected by the members of the Retirement System employed
as Police Civil Service employees in that Department; one (1) of whom shall be a member of the
Retirement System employed in the City Fire Department and elected by the members of the Retirement
System employed as Fire Civil Service employees in that Department; two (2) of whom shall be members
of the Retirement System employed other than as Police and Fire Civil Service employees, and elected by
the members of the Retirement System employed other than as Police and Fire Civil Service employees;
one (1) of whom shall be appointed by the Mayor-President; and the remaining two (2) of whom shall be
appointed by the Council. In the event that all eligible employees of the City Police Department are
enrolled into the Municipal Police Employees’ Retirement System of Louisiana, the position on the
Retirement Board reserved to a Retirement System member employed in that Department shall be
revoked, and the position shall be thereafter occupied by a member of the Retirement System employed
other than in the Municipal Fire and Police Civil Service of the City Police and Fire Departments, and duly
elected by the members of the Retirement System likewise employed other than in the Municipal Fire and
Police Civil Service of those Departments. Similarly, in the event that all eligible employees of the City
Fire Department are enrolled into the Firefighters’ Retirement System of Louisiana, the position on the
Retirement Board reserved to a Retirement System member employed in that Department shall also be
revoked, and the position shall also be thereafter occupied by a member of the Retirement System
employed other than in the Municipal Fire and Police Civil Service of the City Police and Fire Departments,
and duly elected by the members of the Retirement System likewise employed other than in the Municipal
Fire and Police Civil Service of those Departments. The Retirement System established pursuant to this
System shall constitute the Employees’ Retirement System for the City of Baton Rouge and the Parish of
East Baton Rouge, a governmental plan qualified under the Internal Revenue Code. The Council shall
take no action, by ordinance, contract, resolution or otherwise, which would adversely affect the tax
qualified status of the Retirement System. The pension rights and benefits of employees enrolled as
members of the Retirement System shall be determined in accordance with the provisions of the Plan of
Government, together with the provisions of the retirement ordinances enacted under the authority of this
Section, that are in effect on the date that such employees enrolled as members of the Retirement
System. The Council shall not diminish or impair those rights and benefits in any way, nor shall the
Council impair or diminish in any way increases in those benefits or additions to those rights made during
the tenure of a member’s employment. Subject only to this constraint, the Parish and City may, at any
time, by ordinances or amendments thereto: (a) amend, revise or otherwise alter the retirement
ordinances for the purpose of defining the pension rights and benefits of persons not yet enrolled as
members of the Retirement System; and (b) enroll any or all eligible police and/or fire employees into the
Municipal Police Employees’ Retirement System of Louisiana and/or the Firefighters’ Retirement System
of Louisiana. (As amended on November 3, 1998)
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CHAPTER 10
PLANNING AND ZONING
SECTION 10.01
Planning Commission - Composition
(a) There shall be a Planning Commission which shall consist of nine members. One member shall
be a member of the Metropolitan Council who shall be appointed by the latter for a term coincident with his
term on the Council; one member shall be the Mayor-President or an officer or employee of the City
designated by the Mayor-President from time to time; and seven members shall be qualified voters and
taxpayers of East Baton Rouge Parish, three residing outside the boundaries of the City of Baton Rouge
and four residing in the City of Baton Rouge, appointed by the Metropolitan Council for a term of four years.
The citizen members shall be appointed for terms of four years. Members may be removed by the
Metropolitan Council only for official misconduct or neglect of duty.. Vacancies arising among the appointive
members shall be filled by the appointing body for the unexpired portion of the term. (As amended
September 30, 2006. Changed from a five year term to a four year term.) (As amended October 20, 2007)
(b) If the Parish of East Baton Rouge is authorized to zone property outside of incorporated
municipalities, the Planning Commission, in its capacity as the Parish Planning Commission, shall constitute
the Zoning Commission provided for by such laws. No ordinance, nor resolution, adopting, amending,
supplementing, changing or modifying any regulation or restriction or district boundary authorized by such laws
to be made by the governing authority of the Parish shall be passed by that body until such ordinance or
resolution has been submitted to and approved or disapproved by the Planning Commission acting in its
capacity as Zoning Commission of the Parish of East Baton Rouge. As amended July 29, l952. Effective
September 5, 1952. (As amended November 6, 1956.)
SECTION 10.02
Planning Commission - Organization
The first Planning Commission appointed under the provisions of this Chapter shall meet as soon as
practicable after its appointment and organize by election one of its members to be chairman for a term of one
year from the first day of January 1949 and until his successor is elected and qualified. Thereafter the
commission, at its first meeting in January of each year, shall elect one of its members to be chairman for a
term of one year, who shall be eligible for re-election. The commission shall adopt rules of procedure in which
it shall fix the time for its regular meetings which shall be held at least as frequently as once a month. It shall
appoint a Planning Director who shall keep a journal of its proceedings, in which shall be recorded all actions
taken by the commission and which shall be a public record. The commission shall appoint and remove,
subject to the provisions of Chapter 9 of this Plan of Government, such other employees as it may deem
necessary for its work , hand shall have authority to contract with planning experts, engineers, architects, and
other consultants; provided that the expenditures of the commission, exclusive of amounts received by
contribution, shall be limited to the appropriations for the purpose made by the Metropolitan Council. (As
amended October 20, 2007)
38
SECTION 10.03
Planning Commission - Powers and Duties
The Planning Commission shall constitute a Parish Planning Commission in respect of that portion
of the Parish outside the City of Baton Rouge and other municipalities and shall in that capacity have all the
powers and duties conferred or imposed on Parish Planning Commissions by the General Laws of the State.
The Planning Commission shall likewise constitute a City Planning Commission for the City of Baton Rouge
and in that capacity shall have all the powers and duties conferred or imposed on City Planning Commissions
by the General Laws of the State.
SECTION 10.04
Comprehensive Land Use Plan
(a) A Comprehensive Master Land Use and Development Plan for the physical development of the
metropolitan area of East Baton Rouge Parish and the City of Baton Rouge shall be adopted by the Planning
Commission and Metropolitan Council within two years of the passage of this amendment to the Plan of
Government. The comprehensive plan shall include but not be limited to the following elements: (1) a future
land-use element; (2) a traffic circulation and mass-transit element; (3) a wastewater, solid waste, and
drainage element; (4) a conservation and environmental resources element; (5) a recreation and open space
element; (6) a housing element; (7) a public services and facilities element, which shall include but not be
limited to a capital improvement program; (8) a public buildings and related facilities element; (9) development
and redevelopment; (l0) health and human service element; and (ll) methods of financing to implement
recommendations.
The Master Plan and any amendments thereto shall be drafted by the Planning Commission under
the direction of the Mayor-President who shall thereupon submit such plan to the Metropolitan Council with
his recommendations thereon within sixty (60) days of the Mayor-President's receipt of the Master Plan. The
Metropolitan Council may adopt the plan submitted as a whole or in parts and may adopt any amendment
thereto, after not less than two (2) public hearings on the proposed actions not less than one month apart.
The Metropolitan Council shall act on such plan within sixty days of the final public hearing. If such plan, or
part thereof, be rejected by the Metropolitan Council, the Planning Commission may modify such plan, or part
thereof, and again forward it to the Mayor-President who shall submit the modified plan to the Council within
thirty (30) days of receipt.
There shall be at least one public hearing on the changes submitted, following which the
Council shall adopt or reject the modifications within 60 days. All further amendments to the Master Land Use
Plan recommended by the Planning Commission shall be submitted in the same manner as that outlined
above to the Metropolitan Council for approval; all recommendations to the Council from any City-Parish
department affecting the Master Plan shall first be submitted to and accompanied by a recommendation from
the Planning Commission, and require a two-thirds vote of the Metropolitan Council for adoption.
The Metropolitan Council shall adopt by ordinance other elements as are necessary or desirable to
establish and implement policies for growth, development and beautification within the borders of East Baton
Rouge Parish and the City of Baton Rouge, including neighborhood, community, or area-wide plans.
39
The Metropolitan Council shall recommend methods of financing of all elements contained in the
comprehensive plan in accordance with law.
The several elements of the comprehensive plan shall be coordinated and be internally consistent.
Each element shall include policy recommendations for its implementation and shall be implemented, in part,
by the adoption and enforcement of appropriate land development regulations.
(b) LEGAL EFFECT OF MASTER PLAN. Upon adoption of the Master Plan by the Planning
Commission and Metropolitan Council, no subdivision, street, park or public way, ground or space, drainage,
building development or structure, whether publicly or privately owned which is in conflict with the Master Plan
or Zoning Ordinance of the City Parish shall be constructed or authorized by the appropriate department of
the City-Parish government, until and unless the locations and extent thereof shall have been submitted to
and approved by the Planning Commission and where appropriate, Zoning Commission. In case of
disapproval, or approval the commission shall communicate its reasons to the Metropolitan Council, which
shall have the power to overrule such disapproval or approval following public hearings, provided that any
changes in the Master Land Use Plan shall require a 2/3 vote of the Metropolitan Council and upon such
overruling the Metropolitan Council or appropriate office, department or agency shall have the power to
proceed, and the Master Plan shall be amended to reflect such change or modification.
All land development regulations including zoning and map, subdivision regulations, roadway plan,
and all public improvements, public facilities and all City-Parish regulatory actions relating to land use,
subdivision and development approval shall be consistent with the comprehensive plan, element or portion
thereof as adopted. For purposes of planning and land development process, the various types of local
regulations or laws concerning the development of land may be combined in their totality in a single ordinance
known as the Comprehensive Land Use and Development Code for the City of Baton Rouge and Parish of
East Baton Rouge.
SECTION 10.05
ZONING
The Metropolitan Council shall have all the powers and duties relating to zoning which are conferred
or imposed on the legislative bodies of cities by the General Laws of the State. The Metropolitan Council
authorizes the Planning Commission to have all the powers and duties conferred by the General Laws of the
State. The Planning Commission, in its capacity as the City Planning Commission, shall constitute the Zoning
Commission provided for by such laws. No ordinance or resolution adopting, amending, supplementing,
changing or modifying any regulation or restriction or district boundary authorized by such laws to be made
by the Council shall be passed by the Council until such ordinance or resolution has been submitted to and
approved by the Planning Commission; provided that failure of the Planning Commission to act on any
ordinance or resolution submitted to it within sixty days of such submission shall be deemed to constitute
approval thereof; and provided further that an ordinance or resolution disapproved by the Planning
Commission may be adopted by the Council by not less than eight affirmative votes. (As amended October
20, 2007)
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CHAPTER 11
MISCELLANEOUS
SECTION 11.01
Parish Attorney
There shall be a Parish Attorney who shall be appointed by the Metropolitan Council for an indefinite
term. He shall be an attorney-at-law and shall have actively practiced his profession in the state for at least
five years immediately preceding his appointment. He shall appoint such Assistant Parish Attorneys as may
be authorized, at least one of whom shall, at all times, be assigned to the prosecution of ordinance violations,
as hereinafter provided. He shall be the legal advisor of the Council, the Mayor-President, and all
departments, offices and agencies appointed by or under the jurisdiction of any of the above and shall furnish
them on request a written opinion on any question of law involving their official powers and duties. At the
request of the Mayor-President or any member of the Council he shall prepare ordinances and resolutions
for introduction. He shall draw or approve all bonds, deeds, leases, contracts, or other instruments to which
the Parish, the City or any District of which the Council is the governing body is a party or in which any of them
has an interest. He shall represent the Parish, the City and any district of which the Council is the governing
body in all civil litigation. He shall, in person or through an Assistant Parish Attorney assigned to such duty,
represent the City in the prosecution of all ordinance violations in the City Court. He shall further represent
both the Parish and City in any criminal case in which the constitutionality or validity of any ordinance or
resolution of the Council is in issue. He shall appoint and remove all employees of his office, subject, except
in case of Assistant Attorneys, to the provisions of Chapter 9 of this Plan of Government. The compensation
of the Parish Attorney and all employees in his office shall be provided by appropriations made by the Council,
except that the cost of any Assistant Parish Attorney and other employees assigned to prosecute ordinance
violations shall be included in the City Budget. Nothing herein shall be taken to prevent the employment of
special counsel when authorized by the Council in any matter relating to its jurisdiction. (As amended
November 8, l966.) (As amended October 20, 2007)
SECTION 11.02
Recreation and Park Commission
The Recreation and Park Commission for East Baton Rouge Parish shall consist of: the MayorPresident, or an officer or employee of the City or Parish designated by the Mayor-President from time to time;
a member of the School Board of East Baton Rouge Parish appointed by the School Board for a term
coincident with his term on the School Board; a member of the Planning Commission appointed by the latter
for a term coincident with his term on the Planning Commission; and six qualified voters of the parish
appointed by the Metropolitan Council for terms of three years. The six members of the commission
appointed by the Council in office on January l, l953, shall each continue to hold office until the expiration of
the term for which he was appointed, and thereafter his successor shall be appointed for a term of three years.
Vacancies among the appointive members shall be filled by the appointing body of the unexpired portion of
the term.The Recreation and Park Commission shall have responsibility for the provision of public park and
recreation facilities in East Baton Rouge Parish. It shall have the maintenance, management and control of
all the parks, playgrounds, play fields, or other property permanently devoted to recreational purposes, and
the cemeteries, belonging to the City of Baton Rouge and to East Baton Rouge Parish, and no such property
shall be alienated, sold, leased or otherwise disposed of by the City-Parish so long as it continues to be used
41
by the Recreation and Park Commission for recreational purposes. The Recreation and Park Commission
shall succeed to all the powers and duties relating to parks and recreation heretofore conferred or imposed
on the City of Baton Rouge by its Charter or the General Laws of the State, including the power to make
charges for the use of recreational facilities and incidental services and shall have all the powers and duties
conferred or imposed on such commission by Section 3(b) of Article l4 of the Constitution of Louisiana and
Act No. 246 of l946 and all future acts amendatory thereof and supplementary thereto. Council is hereby
authorized to make appropriations for the support of the Recreation and Park Commission. (As amended
October 20, 2007)
The Recreation and Park Commission is hereby authorized to make use of the accounting services
of the Director of Finance as described in Section 8.01. (b-k inclusive) hereof, the services of the Engineering,
Building Maintenance and Central Garage Divisions of the Department of Public Works, of the Purchasing
Division, and to become a part of and subject to the Personnel Systems established by Chapter 9 of this Plan
of Government or any Personnel System for City-Parish employees in general provided by a General Law of
the State applicable to the City of Baton Rouge, on such terms and conditions as may be agreed to by the
Council out of whose appropriations the cost of any such service is provided. (As amended October 20, 2007)
SECTION 11.03
Public Library
There shall continue to be a Public Library for East Baton Rouge Parish, with such branches and other
services as may be established by the Board of Control thereof. The Board of Control shall, after the first day
of January 1949, consist of the Mayor-President ex-officio and seven citizens of the Parish appointed by the
Metropolitan Council for terms of four years, provided that the seven citizen members of the Board of Control
in office on the said first day of January 1949, shall each continue in office until the expiration of his term and
that thereupon his successor shall be appointed for a term of four years. Vacancies shall be filled by the
Council for the unexpired portion of the term. The Board of Control shall have all the powers and duties
conferred or imposed by the General Laws of the State of Boards of Control of Parish Public Libraries, and
the cost of maintaining the Parish Public Library and its several branches and services shall be provided by
appropriations made by the Council, such appropriations to be in such amounts and proportions as the
Council determines. (As amended November 3, 1964.) (As amended September 30, 2006. Changed from
a five year term to a four year term.) (As amended October 20, 2007)
SECTION 11.04
City Court and Judge
There shall continue to be a City Court of the City of Baton Rouge, which shall have jurisdiction
over the territorial area of the City of Baton Rouge, as extended by this Plan of Government, and the
provisions of the Louisiana Revised Statutes of 1950, as amended, shall continue in full force and effect
except to the extent that they are in conflict with the provisions of this Section. The City Court shall be a
court of record, and shall exercise such jurisdiction as may be conferred upon it by the Constitution and
laws of the State of Louisiana. The City Court shall have but five Judges, unless the number be increased
by a vote of two-thirds (2/3rds) of the members of the Metropolitan Council. The administrative Judge,
elected annually, shall be the chief or presiding judge, subject to the rules adopted by the Court. Judges
of the Court must be electors of the City of Baton Rouge, and have been admitted to the practice of law in
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Louisiana at least five (5) years prior to their selection. The Judges of the City Court shall be elected for
terms of six (6) years. The Judges of the City Court shall receive such salary as the Council may from
time to time determine, but such salary shall not be decreased during their tenure of office and moreover,
shall not be more than the salary of a district court Judge. The annual salary of the City Judges shall be
fixed by the Council by ordinance adopted at least one year prior to the commencement of the term of the
City Judges whose compensation is to be affected thereby, and if no such ordinance be adopted, the
compensation for the City Judges shall remain as previously fixed by the Council. Judges of the Court
shall not practice law, nor shall they or any officer or employee of the Court receive any fees. The Clerk of
City Court/Judicial Administrator shall be appointed by the City Judges at a salary fixed by the Council.
The number and compensation of Deputy Clerks and employees, who shall be members of the Classified
Service as provided in Chapter 9 of this Plan of Government or any Personnel System for City employees
in general applicable to the City of Baton Rouge, shall be fixed by the Council. All expenses of the Court,
including the compensation of the Judges, Clerk of City Court/Judicial Administrator and other employees,
shall be paid from appropriations made by the Council. The Court shall have full power to make and
promulgate its own rules of Court within the limitations as might otherwise be imposed by the Constitution
or Legislature of Louisiana. (As amended July 29, 1952, effective September 5, 1952; as amended
September 11, 1982; as amended November 3, 1998).
SECTION 11.05
City Constable
There shall continue to be a City Constable for the City of Baton Rouge as extended by this Plan
of Government, and the provisions of the Charter of the City of Baton Rouge relating to such City
Constable shall continue in full force and effect, except to the extent that they are in conflict with the
provisions of this Section. The City Constable shall receive no remuneration for the performance of his
official duties except the salary mentioned hereinafter. The annual salary of the City Constable shall be
fixed by the Council by ordinance adopted at least one year prior to the commencement of the term of the
City Constable whose compensation is to be affected thereby, and if no such ordinance be adopted the
compensation of the City Constable shall remain as previously fixed by the Council. The Chief Deputy
Constable shall be appointed by the City Constable at a salary fixed by the Council. In the event of the
City Constable's absence or inability to act for any cause, the Chief Deputy Constable shall have the
power and authority to act in his capacity, and to perform all the powers and duties conferred or imposed
on the Constable. The number and compensation of other Deputy Constables, who shall be members of
the Classified Service as provided in Chapter 9 of this Plan of Government or any Personnel System for
City employees in general applicable to the City of Baton Rouge, shall be fixed by the Council. All
expenses of the City Constable office, including the compensation of the Constable and his deputies, shall
be paid from appropriations made by the Council. (As amended November 3, 1964.)
SECTION 11.06
Justices of the Peace and Ward Constables
From and after the first day of January 1949 no Justice of the Peace or Ward Constable shall be
elected for or exercise jurisdiction in the City of Baton Rouge as extended by this Plan of Government, but
Justices of the Peace and Constables shall be elected from Justices of the Peace Wards outside the City,
to be determined by the governing body of the Parish, which may consist of the whole or part of any preexisting Police Jury Ward or of a combination of such Wards or part of such Wards, provided that the
Justices of the Peace and Constables elected in 1948 for any Ward shall retain and exercise their powers,
duties and jurisdictions within the limits of such Ward, or the portion of such Ward outside the City of
Baton Rouge, for the term for which they were elected.
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SECTION 11.07
Parish and School Board Not Affected
Nothing in this Plan of Government shall be taken to affect in any way the rights, powers and
duties of the East Baton Rouge Parish School District or the East Baton Rouge Parish School Board.
SECTION 11.08
Certain Officers to Hold Offices Until Their
Successors Are Elected or Appointed and Qualified
The Mayor-President, the members of the Council, the Judge of the City Court, the City
Constable, and all officers or members of boards and commissions appointed for fixed terms, shall hold
office until their successors are elected or appointed and qualified.
SECTION 11.09
Amendment
Amendments of this Plan of Government may be proposed by majority vote of all the members
elected to the Metropolitan Council or by a petition containing the full text of the proposed amendment
signed by qualified voters of East Baton Rouge Parish in number equal to ten per cent of the number of
votes cast for Sheriff at the last preceding election of Parish officers and filed in the office of the Council
Administrator. A proposed amendment shall be submitted by the Council to the qualified voters of the
parish at a special election to be called and held by the Council not less than sixty nor more than ninety
days after the passage of the amendment by the Council or the filing of the petition; provided, that if a
state or congressional primary or election falls within the above period the special election may be held in
connection with such primary or election. The Council shall call and hold such special election in the
same manner as is provided for the calling and holding of elections on bond issues under Act No. 46 of
the extraordinary session of the Legislature of the State of Louisiana for the Year 1921, as amended,
except that all qualified voters of East Baton Rouge Parish shall be eligible to vote in such election and
except that the form of ballot shall be prescribed by the Council. The Council shall promulgate the returns
of said election and shall cause a proces verbal of the election to be filed with the Clerk of Court of the
Parish. If the majority of the votes cast on such amendment are in favor thereof a certified copy thereof
shall be filed with the Secretary of State and it shall become effective on the thirtieth day following the
promulgation of the result of the election unless another time is specified in such amendment.
SECTION 11.10
Severability
If any provision of the Plan of Government or the application thereof to any person or
circumstances is held invalid, the remainder of this Plan of Government and the applicability of such
provision to other persons or circumstances shall not be affected thereby.
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