WEST BATON ROUGE PARISH COUNCIL REGULAR MEETING – MAY 14, 2009 WEST BATON ROUGE PARISH COUNCIL/GOVERNMENTAL BUILDING 880 NORTH ALEXANDER AVENUE, PORT ALLEN, LOUISIANA 6:30PM The Regular Meeting of the West Baton Rouge Parish Council was held on Thursday, May 14, 2009 and called to order. At this time Council Chairman Randal Mouch requested that all electronic devices be silenced and recognized Bernadette Settoon, who led everyone in the pledge of allegiance. Roll call vote was taken with the following members being present: Mr. Jeff “Petit” Kershaw, Ms. Charlene Gordon, Messrs. Keith K. “Keedy” Washington, Sr., Ricky Loupe, Randal “Randy” Mouch, Phil Porto, Jr., Edward G. “Bob” Robertson Absent: Gary “Sprout” Spillman, Mrs. Alethea “Lisa” Johnson Parish President Riley Berthelot, Jr. was also present. ********** A motion was made by Mr. Keith Washington, Sr., seconded by Mr. Jeff Kershaw to approve the minutes of the Regular Meetings of April 9, 2009 and April 23, 2009 as published in the Parish Official Journal. Roll call vote on the motion was recorded as follows: YEAS: Robertson) 7 (Mr. Kershaw, Ms. Gordon, Messrs. Washington Loupe, Mouch, Porto, NAYS: 0 (None) ABSENT: 2 (Mr. Spillman, Mrs. Johnson) As a result of the roll call vote the motion was unanimously adopted by those members present. ********** Mrs. Johnson entered the meeting at this time. ********** Public comments were requested at this time and President Berthelot introduced Mike Coleman, who made comments concerning condemnation process resulting in demolition of trailer and contents on property located at 3046 Lobdell Highway. Messrs. Berthelot, Durbin, Porto and Kershaw also offered comments. The Parish Attorney suggested that Mr. Coleman’s attorney contact the Parish regarding the matter. ********** Mr. Porto was recognized under item 7 (communications with Council members and/or other elected or appointed officials) and expressed thanks to participants in “Great American Cleanup” Saturday, April 25th along Highway 415 from U S Highway 190 overpass to Highway 415 overpass at Lafiton Lane. Mrs. Johnson also expressed thanks to participants from her district, commended Director Delapasse, and thanked Sheriff’s Department for picking up bags collected following event. Ms. Gordon expressed appreciation to everyone for phone calls and cards during recent illness. ********** Finance Director Phillip Bourgoyne was recognized and explained the mileage reimbursement rate for travel would be covered under introduction of ordinances. Mr. Bourgoyne stated that administration recommends setting the mileage at $0.52 per mile (state rate) with stipulation that the rate be adjusted January 1st annually (to shadow state rate set each July) with Council approval. ********** Chairman Mouch announced that a Public Hearing was in order at this time and all interested citizens were invited to appear and be heard regarding adoption of an ordinance to amend the Unified Development Code, Chapter 104 Zoning, Article II District Regulations, Sec. 104-26 Adoption amendment and interpretation of zoning districts, Sec. 104-28(2) Base district regulations by zoning districts, nonresidential districts, Chapter 104 Zoning, Appendix A Zoning Districts, Chapter 106 Site Planning, Article V Yard/setback, open space and common area requirements, Sec. 106-124 to provide for the proper organization of the material related to New Commercial Zoning Districts (C-1.1, C-1.2, C-1.3). Mr. Durbin confirmed that following public hearing the Zoning Commission had recommended approval of the ordinance at the meeting of 5/5/09. Mr. Durbin clarified that this ordinance has no new material, but is simply being rearranged in proper chapters and sections due to miscommunication by Municipal Code Corporation at time of adoption. No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point declared the Public Hearing concluded. Ordinance No. 32 of 2009 appears elsewhere in these minutes. ********** The following ordinance was offered by Mr. Jeff Kershaw, seconded by Ms. Charlene Gordon ORDINANCE NO. 32 OF 2009 An ordinance to amend and reenact West Baton Rouge Code of Ordinances, Unified Development Code, Chapter 104 (“Zoning Ordinance”), Article II (“District Regulations”), Section 104-26 (“Adoption, amendment and interpretation of zoning districts.”) and Section 104-28(2) (“Base District Regulations by Zoning Districts”; “Nonresidential districts”); Chapter 104 (“Zoning Ordinance”), Appendix A (“Zoning Districts”); and Chapter 106 (“Site Planning”), Article V. (“Yard/Setback, Open Space and Common Area Requirements”), Section 106124 to provide for the proper organization of the material related to the new commercial zoning districts (C-1.1, C-1.2 and C-1.3). WHEREAS three new zoning districts (C-1.1, C-1.2 and C-1.3) were adopted by the West Baton Rouge Parish Council by virtue of Ordinance Number 44 of 2007 AND WHEREAS there was apparently a miscommunication in the layout of the new code between the Office of Community Planning and Development and the Municipal Code Corporation editors AND WHEREAS this Council seeks to correctly order the text and layout of Chapters 104 and 106 of the Unified Development Code for the C-1.1, C-1.2 and C-1.3 districts THEREFORE BE IT ORDAINED BY THIS COUNCIL that Chapter 104 (“Zoning”), Article II (“District Regulations”), Sections 104-26 (“Adoption, amendment and interpretation of zoning districts”) and 104-28(2) (“Base District Regulations by Zoning Districts”; “Nonresidential districts”), and Appendix A (“Zoning Districts”) be amended and reenacted and that Chapter 106 (“Site Planning”), Section 106-124 be also amended and reenacted to read as follows (NOTE: underlined words are additions and strikethrough words are deletions. Three asterisks indicate sections of the code skipped for brevity of this ordinance. Such sections are to be retained by the code editors.): Chapter 104 ZONING ORDINANCE * * * ARTICLE II. DISTRICT REGULATIONS * * * Sec. 104-26. Adoption, amendment, and interpretation of zoning districts. All land within the unincorporated areas of the parish is hereby divided into the following base zoning districts: (1) Base zoning districts: (2) Map Code R-SF-1 R-SF-2 R-SF-3 R-ED R-2F R-MF-1 R-MF-2 R-MF-3 R-MH R-M C-1 C-1.1 C-1.2 C-1.3 C-2 I-1 I-2 I-3 A B-1 B-2 SHFA District Name Single-Family Residence (7,000 sq. ft. minimum area) Single-Family Residence (9,600 sq. ft. minimum area) Single-Family Residence (22,500 sq. ft. minimum area) Estate Development Two-Family Residence (Duplex) Multifamily Residence 1 Multifamily Residence 2 Multifamily Residence 3 Mobile Home Parks Minor Subdivision Residential District Commercial District Neighborhood-Scaled Commercial District Community-Scaled Commercial District Regional-Scaled Commercial District Commercial District (Truck Stop Casinos) Light Industrial District Moderate Industrial District Heavy Industrial District Agricultural District Batture District – 1 Batture District – 2 Special Flood Hazard Area * Sec. 104-28. * * Base district regulations by zoning districts. The regulations of this section identify the purpose of each of the created zoning districts and shall be considered the minimum requirements. * * * (2) Nonresidential districts. a. C-1.1, Neighborhood-Scaled Commercial District: 1. Purpose. The purpose of the C-1.1 Neighborhood-Scaled Commercial District shall be to provide development or redevelopment areas that incorporate "traditional neighborhood" (cf. "TND") principles including mixed-uses and walkable sites for neighborhood-compatible office, retail, and service establishments to serve the needs of a local neighborhood. A neighborhood area is typically limited to one defined subdivision (e.g. Antonia Plantation Estates, all filings) but might include more than one defined subdivision if one or more of the neighborhoods is small (e.g. Lynndale and The Willows at Antonia Plantation). A large neighborhood could be considered as one or more adjacent subdivisions of 200 or more lots. A medium neighborhood could be considered as one or more adjacent subdivisions of 50 to 200 lots. A small neighborhood could be considered as one or more adjacent subdivisions of one to 50 lots. Any business seeking zoning to the C-1.1 standard should be prepared to blend-in, aesthetically, with the local subdivision(s) including sidewalk connectivity, architectural compatibility and landscape compatibility. Walking and other small-scale forms of transportation (e.g. bicycles, golf carts, utility carts) should be preferred to car, truck, SUV or van transportation. Signage should be kept discreet and compatible with the local subdivisions. These considerations should be presented through a design package as part of the site plan review process. Businesses seeking the C-1.1 zoning classification should also demonstrate that their clientele will be largely drawn from the locally connected subdivisions of no more than one or two miles from the business location. 2. Permitted uses. i. Single-family and multi-family residential including apartments, townhomes and condominiums. ii. Arts and crafts studio. All of the strikethrough text has been moved to iii. Club or lodge, private. the actual table of permitted uses to match the iv. Congregate housing. other sections. (There was too much confusion v. Cultural services. in the past with both a table and a listing, so vi. Food sales. we eliminated the listings. vii. Garden center. viii. Laundry services, coin-operated. ix. Laundry services, neighborhood. x. Mini storage (with no more than 100 storage units). xi. Nursery, plant. xii. Postal and parcel delivery services. xiii. Public safety services. xiv. Recreation, commercial outdoor sports. xv. Recreation, community. xvi. Recreation, indoor entertainment. xvii. Recreation, indoor sports. xviii. Resource extraction. xix. Retail sales, convenience. xx. Schools, vocational-technical, trade or industrial. xxi. Shopping center, neighborhood. 2. Permitted, prohibited and special uses. See Appendix A to this charter. 3. Prohibited uses. All uses not specifically permitted or by reasonable implication permitted herein including, but not limited to the following: i. Adult nightclub. ii. Adult uses/materials. iii. Concrete crusher. iv. Industrial, heavy. v. Industrial, light. vi. Junk yard. vii. Utilities, major services. 4. Special uses. Uses permitted with a special use permit (see section 111-78 for special use permit requirements and procedures) i. Commercial, seasonal outdoor. (Also refer to section 104-62, "Table of Permitted Uses by Zoning District," for complete information on permitted uses) The “site development” and “special” criteria was moved to the Site Planning Chapter, (Ch. 106) to match what we did for the other zoning districts. 5. Site development regulations. Each development site in the C-1.1 Commercial District shall also be subject to the development regulations contained in the parish subdivision regulations. Minimum lot area (except for legal nonconforming lots as provided) No smaller than the smallest of the adjacent residential district(s). Minimum lot width No smaller than the smallest of the adjacent residential district(s). Minimum lot depth No smaller than the smallest of the adjacent residential district(s).Minimum yard setback requirements: Front yard 30 feet Side or rear yard 10 feet 6. Special criteria. i. Access: C-1.1 districts shall be located on lots with street frontage on local interior or perimeter streets only and shall not require clientele to travel from their neighborhoods to higher-volume collector or arterial streets. This access requirement is intended to minimize travel distance of clientele so as to promote walking or other low-impact forms of transportation (e.g. bicycles, golf carts and utility carts). ii. Special requirements: A. Landscape, architectural and signage requirements. No manmade or vegetative buffers are required since the intent of neighborhood-scaled commercial is to blend-in the proposed commercial use(s) with the surrounding neighborhood(s). However, all proposed landscaping, architectural and signage plans should be submitted with the rezoning application. All outdoor lighting must be directed toward the commercial property, be shielded from and shall not adversely impact any adjacent use or traffic. B. Greenbelt requirements. A minimum ten-foot greenbelt shall be required along the front property line. No parking or structure of any kind will be permitted in this greenbelt, except for the permitted driveway access. A minimum five-foot side yard greenbelt is required from the front property line to the required building setback line. Utility servitudes located within the property line may be counted toward this greenbelt requirement. Servitudes located on public rights-of-way shall not be counted toward this greenbelt requirement. C. Hours of operation and noise. If night activities are conducted by the on-site use, such activities shall not interfere with the peace of any adjacent residential district or on-site residential use. D. Storage of waste materials. No waste materials that are the product of any research or testing activity may be stored on-site. E. Outside storage of goods. Outside storage of goods shall be permitted in the rear of the property beginning at the rear half of the building depth. This storage area shall be screened with a minimum eight-foot chainlink fence using slats, permanently maintained. The height of the stored goods shall not exceed the height of the roof eaves or 15 feet, whichever is less. a.1. C-1.2, Community-Scaled Commercial District: 1. Purpose. The purpose of the C-1.2 Community-Scaled Commercial District shall be to provide development or redevelopment areas for commercial uses that must be supported by multiple neighborhoods, but can operate on a scale smaller than parish-wide or customer-wide. Examples of communities include the Town of Brusly, the Town of Addis, the City of Port Allen, or historically well-defined community areas (e.g. Bueche, Erwinville, Rosedale). Any business seeking zoning to the C-1.2 standard should be prepared to blend-in, aesthetically, with the local community including sidewalk and thoroughfare connectivity, architectural compatibility and landscape compatibility. Signage should be kept discreet and compatible with the community as a whole. These considerations shall be presented through a design package as part of the site plan review process. Businesses seeking the C-1.2 zoning classification shall also demonstrate that their clientele will be largely drawn from the community itself of no more than two to five miles from the business location. 2. Permitted uses. i. Single-family and multi-family residential including apartments, townhomes and condominiums. ii. Agricultural sales and services. iii. Amusement arcade. iv. Animal kennels. v. Animal sales and services, limited. vi. Arts and crafts studio. vii. Automotive, fuel station. viii. Automotive service station. ix. Car wash. x. Club or lodge, private. xi. Communication towers (must meet all requirements of parish Ordinance No. 8-1998). xii. Congregate housing. xiii. Consumer repair services. xiv. Cultural services. xv. Farms. xvi. Financial services. xvii. Food sales. xviii. Funeral home. xix. Garden center. xx. Laundry services, coin-operated. xxi. Laundry services, neighborhood. xxii. Mini storage. xxiii. Nursery, plant. xxiv. Parking facilities. xxv. Postal and parcel delivery services. xxvi. Public safety services. xxvii. Recreation, commercial outdoor sports. xxviii. Recreation, community. xxix. Recreation, indoor entertainment. xxx. Recreation, indoor sports. xxxi. Resource extraction xxxii. Restaurants, drive-in. xxxiii. Restaurants, fast food. xxxiv. Restaurants, outdoor fast food. xxxv. Restaurants, sit-down xxxvi. Retail sales, convenience. xxxvii. Schools, vocational-technical, trade or industrial. xxxviii. Shopping center, neighborhood. xxxix. Wireless facility. 2. Permitted, prohibited and special uses. See Appendix A to this charter. 3. Prohibited uses. All uses not specifically permitted or by reasonable implication permitted herein including, but not limited to the following: i. Adult nightclub. ii. Adult uses/materials. iii. Concrete crusher. iv. Industrial, heavy. v. Industrial, light. vi. Junk yard. vii. Utilities, major services. 4. Special uses. Uses permitted with a special use permit (see section 111-78 for special use permit requirements and procedures). i. Tavern, bar or lounge (must meet all requirements of parish alcoholic beverages law). ii. Warehouse, storage and distribution, light. iii. Commercial, seasonal outdoor. (Also refer to section 104-62, "Table of Permitted Uses by Zoning District," for complete information on permitted uses) 5. Site development regulations. Each development site in the C-1.2 Community-Scaled Commercial District shall also be subject to the development regulations contained in the parish subdivision regulations. Minimum lot area (except for legal nonconforming lots as provided) 7,000 square feet (where parish operated sewer service is provided.) (Where parish operated sewerage is not provided, lot area requirements shall be that required by the parish subdivision regulations or the preferred professional use special permit requirements.) Minimum lot width 65 feet Minimum lot depth 100 feet Minimum yard setback requirements: Front yard 30 feet Street side or rear yard 10 feet Interior side or rear yard: Adjacent to residential districts 20 feet Adjacent to other districts 10 feet Preferred professional use special permit. Some uses, because of their minimal impact on the neighborhood, community and infrastructure, may develop on sites that are smaller than the minimum lot area requirements in a C-1.2 community-scaled commercial district when parish operated sewer service is not available. These proposed uses must first apply for a preferred professional use special permit. The procedures and approval process for a preferred professional use special permit shall be the same as for a special use permit, as specified in section 111-78. These development sites must still comply with all applicable federal, state and local laws including sanitary sewer, setbacks, parking, landscaping and greenbelts. The minimum lot area for a preferred professional use special permit site shall be 7,000 square feet and 65 feet minimum lot frontage for lots with parish operated sewer service available to the site, or 12,000 square feet and 80 feet minimum lot frontage without parish operated sewer service. Those uses permitted in all C-1.2 districts but also permitted on smaller lots without parish operated sewer with a preferred professional use special permit are: • Financial services 6. Special criteria. i. Access: C-1.2 districts shall be located on lots with street frontage on arterial, collector or local streets and shall not require travel through existing or proposed residential districts to access the C1.2 district. ii. Special requirements adjacent to residential districts: A. Buffer requirements. A minimum six-foot chainlink fence with slats, permanently maintained, or a six-foot vegetative buffer, shall be required in the 20-foot required setback adjacent to all residential districts. All outdoor lighting must be directed toward the commercial property, be shielded from and shall not adversely impact any adjacent use or traffic. B. Greenbelt requirements. A minimum ten-foot greenbelt shall be required along the front property line. No parking or structure of any kind will be permitted in this greenbelt, except for the permitted driveway access. A minimum five-foot side yard greenbelt is required from the front property line to the required building setback line. Utility servitudes located within the property line may be counted toward this greenbelt requirement. Servitudes located on public rights-of-way shall not be counted toward this greenbelt requirement. C. Hours of operation and noise. If night activities are conducted by the on-site use, such activities shall not interfere with the peace of any adjacent residential district or on-site residential use. D. Storage of waste materials. No waste materials that are the product of any research or testing activity may be stored on-site. E. Outside storage of goods. Outside storage of goods shall be permitted in the rear of the property beginning at the rear half of the building depth. This storage area shall be screened with a minimum eight-foot chainlink fence using slats, permanently maintained. The height of the stored goods shall not exceed the height of the roof eaves or 15 feet, whichever is less. a.2. C-1.3, Regional-Scaled Commercial District: 1. Purpose. The purpose of the C-1.3 Regional-Scaled Commercial District shall be to provide development or redevelopment areas for commercial uses that are typically supported by regional customer networks. Any business seeking zoning to the C-1.3 standard should be prepared to blend-in, aesthetically, with any Parish development features including sidewalk and thoroughfare connectivity, architectural compatibility and landscape compatibility. Signage should be kept discreet and compatible with the Parish as a whole. These considerations shall be presented through a design package as part of the site plan review process. Businesses seeking the C-1.3 zoning classification shall demonstrate that their clientele will be largely drawn from the parish itself and shall not require facilities large enough to meet the needs of a regional customer clientele. 2. Permitted uses. i. Single-family and multi-family residential including apartments, townhomes and condominiums. ii. Administrative and business offices. iii. Agricultural sales and services. iv. Amusement arcade. v. Animal kennels. vi. Animal sales and services, limited. vii. Arts and crafts studio. viii. Automobile and equipment repair. ix. Automobile sales and rentals. x. Automotive, fuel station. xi. Automotive service station. xii. Business support services. xiii. Business or trade school. xiv. Campground. xv. Car wash. xvi. Club or lodge, private. xvii. College and university facilities. xviii. Communication services. xix. Communication towers (must meet all requirements of parish Ordinance No. 8-1998). xx. Concrete statues, handiwork. xxi. Congregate housing. xxii. Construction sales and services. xxiii. Consumer repair services. xxiv. Cultural services. xxv. Dormitory. xxvi. Exterminating services. xxvii. Farms. xxviii. Financial services. xxix. Food sales. xxx. Fraternity/sorority residence. xxxi. Funeral home. xxxii. Garden center. xxxiii. Hospital, general. xxxiv. Hotel/motel. xxxv. Laundry services, coin-operated. xxxvi. Laundry services, neighborhood. xxxvii. Marine services, boat sales/service. xxxviii. Marine services, commercial and charter fishing. xxxix. Marine services, marinas. xl. Marine services, retail. xli. Medical services. xlii. Military base. xliii. Mini storage. xliv. Nursery, plant. xlv. Packing and processing, general. xlvi. Packing and processing, limited. xlvii. Parking facilities. xlviii. Port facilities. xlix. Postal and parcel delivery services. l. Private landing strips. li. Public safety services. lii. Recreation, commercial outdoor sports. liii. Recreation, indoor entertainment. liv. Recreation, indoor sports. lv. Recreation, outdoor entertainment. lvi. Resource extraction. lvii. Restaurants, drive-in. lviii. Restaurants, fast food. lix. Restaurants, outdoor fast food. lx. Restaurants, sit-down. lxi. Retail sales, convenience. lxii. Retail sales, general. lxiii. Schools, vocational-technical, trade or industrial. lxiv. Shopping center, neighborhood. lxv. Shopping center, major. lxvi. Theater. lxvii. Truck stop. lxviii. Wireless facility. 2. Permitted, prohibited and special uses. See Appendix A to this charter. 3. Prohibited uses. All uses not specifically permitted or by reasonable implication permitted herein including, but not limited to the following: i. Adult nightclub. ii. Adult uses/materials. iii. Concrete crusher. iv. Industrial, heavy. v. Industrial, light. vi. Junk yard. vii. Utilities, major services. 4. Special uses. Uses permitted with a special use permit (see section 111-78 for special use permit requirements and procedures) i. Tavern, bar or lounge (must meet all requirements of parish alcoholic beverages law). ii. Truck and heavy equipment sales/rental/service. iii. Warehouse, storage and distribution, light. iv. Commercial, seasonal outdoor. (Also refer to section 26-49, "Table of Permitted Uses by Zoning District," for complete information on permitted uses). 5. Site development regulations. Each development site in the C-1.3 Regional-Scaled Commercial District shall also be subject to the development regulations contained in the parish subdivision regulations. Minimum lot area (except for legal nonconforming lots as provided) 7,000 square feet (where parish operated sewer service is provided.) (Where parish operated sewerage is not provided, lot area requirements shall be that required by the parish subdivision regulations or the preferred professional use special permit requirements.) Minimum lot width 65 feet Minimum lot depth 100 feet Minimum yard setback requirements: Front yard 30 feet Street side or rear yard 10 feet Interior side or rear yard: Adjacent to residential districts 20 feet Adjacent to other districts 10 feet Preferred professional use special permit. Some uses, because of their minimal impact on the neighborhood, community and infrastructure, may develop on sites that are smaller than the minimum lot area requirements in a C-1.3 commercial district when parish operated sewer service is not available. These proposed uses must first apply for a preferred professional use special permit. The procedures and approval process for a preferred professional use special permit shall be the same as for a special use permit, as specified in section 26-28. These development sites must still comply with all applicable federal, state and local laws including sanitary sewer, setbacks, parking, landscaping and greenbelts. The minimum lot area for a preferred professional use special permit site shall be 9,600 square feet and 80 feet minimum lot frontage for lots with parish operated sewer service available to the site, or 12,000 square feet and 80 feet minimum lot frontage without parish operated sewer service. Those uses permitted in all C-1.3 districts but also permitted on smaller lots without parish operated sewer with a preferred professional use special permit are: • Administrative and business offices. • Financial services. • Medical services. 6. Special criteria. i. Access: C-1.3 districts shall be located on lots with street frontage on major arterial or collector streets only and shall not require travel through existing or proposed residential districts to access the C-1.3 district. ii. Special requirements adjacent to residential districts: A. Buffer requirements. A minimum six-foot chainlink fence with slats, permanently maintained, or a six-foot vegetative buffer, shall be required in the 20-foot required setback adjacent to all residential districts. All outdoor lighting must be directed toward the commercial property, be shielded from and shall not adversely impact any adjacent use or traffic. B. Greenbelt requirements. A minimum ten-foot greenbelt shall be required along the front property line. No parking or structure of any kind will be permitted in this greenbelt, except for the permitted driveway access. A minimum five-foot side yard greenbelt is required from the front property line to the required building setback line. Utility servitudes located within the property line may be counted toward this greenbelt requirement. Servitudes located on public rights-of-way shall not be counted toward this greenbelt requirement. C. Hours of operation and noise. If night activities are conducted by the on-site use, such activities shall not interfere with the peace of any adjacent residential district or on-site residential use. D. Storage of waste materials. No waste materials that are the product of any research or testing activity may be stored on-site. E. Outside storage of goods. Outside storage of goods shall be permitted in the rear of the property beginning at the rear half of the building depth. This storage area shall be screened with a minimum eight-foot chainlink fence using slats, permanently maintained. The height of the stored goods shall not exceed the height of the roof eaves or 15 feet, whichever is less. APPENDIX A. ZONING DISTRICTS The table below indicates which land and building uses are permissible and nonpermissible in each zoning district. The phrase "any other similar uses compatible with" each zone may applied by the zoning administrator for C-1, I-1, I-2 and I-3 zoning districts. The following codes apply: P = Permitted use; Blank Space = Prohibited use; S = Special use permit required for the use. Use Classifications Accessory residential Administrative and business offices R-SF-1, R-SF-2, R-SF-3, R-ED, R-2F R-MF1, RMF-2, R-MF3 P P C-1.1 RMH, R-M C-1.2 C-1.3 C-1, C-2 P P P P P P I-1, I2 I3 A S S P P Adult nightclub S (I-2 only) S Adult uses/materials S (I-2 only) S Agricultural sales and services P P P P Airport (See: Private landing strips also) P P Amusement arcade P P P P Animal kennels P P P P P B-1, B-2 POS-C-RV Animal production P Animal sales and services, general Animal sales and services, limited P P Apartments (See: Residential/multiple-family) P P P P P P P P (I-2 only) P P Aquaculture Arts and crafts studio P P P P P Auto salvage yard (See: Junkyard) Automobile and equipment repair P Automobile sales and rentals P Automotive, fuel station P Automotive service station P P P P P P P P P P P Bar (See: Tavern, bar or lounge) Bed and breakfast P P Business support services P Business or trade school P P P P P Campground P Car wash Cemetery P P P P P P P P P P Church, religious assembly P Club or lodge, private P P P P P P College and university facilities Commercial, seasonal outdoor P P (I-2 only) Coal storage P P S (R-SF1, R-SF2, and RSF-3 only) S S P P P S S Communication services P Communications towers P S P P P P P Concrete crusher P P Concrete statues, handiwork P P P P Condominium (See: Residential/condominium) Congregate housing P P P P P (I-2 only) Construction materials plants Construction sales and services Consumer repair services P Cultural services P Day care centers, preschools, P P P P P P P P P P P P P P P nursery schools Dormitory P P P Exterminating services P P P Farms P P P P Financial services P P P P Food sales P P P P Fraternity/sorority residence P P P Funeral home P P P P Garden center P P P P Duplex (See: Residential/duplex) Group home for the handicapped P P Guesthouse P P Home occupation P P P P P P P P Hospital, general P P P Hotel/motel P P P Industrial, heavy P P Industrial, moderate P (I-2 only) P Industrial, light P P Injection wells Junkyard P S S (I-2 only) P P Landfarm Landfill, sanitary Laundry services, coin-operated P P P P Laundry services, commercial Laundry services, neighborhood P P P P P P P Marine services, barge mooring facilities P Marine services, boat and ship repairs Marine services, boat/sales/service P P Marine services, boat/ship fuel area Marine services, commercial and charter fishing P Marine services, marinas P Marine services, retail P P P P P P (B-2 only) P P (B-2 only) P P P P P P P P (B-2 only) Marine services, yacht clubs P Massage parlor P Medical services P P P Military base P P P Ministorage P P P P (No P P more than 100 units) Mobile home park (See: Residential/mobile home park) Mobile home (See: Residential/mobile home) Nightclub (See: Tavern, bar or lounge) Nuclear waste or storage Nursery plant P Nursing home P Packing and processing, general P Personal services P Port facilities P S Private landing strips Recreation, commercial outdoor sports P P P P S P P P P P P P P P P P P P S P P P S P P Parking facilities Public safety services P P Packing and processing, limited Postal and parcel delivery services P P P P P P P P P P P P P P P P S P P S P (B-2 only) Recreation, outdoor entertainment Recreation, community P P P P Recreation, indoor entertainment P Recreation, indoor sports P P P P P P P P P P P P P P Recycling facilities P (I-2 only) Research services, hazardous P Residential/condominium and townhouse residential P S Residential/duplex residential P P (RMH only) Residential/mobile home park Residential/mobile home residential P Residential/multiple-family residential Residential/single-family residential P P Residential/townhouse residential Residential/two-family P P (R-2F P P P P P P P P P S S P P P P (RM only) P P S P P P P P S P S S P S S S S residential only) Resource extraction S S P P P P P Restaurants, drive-in P P P P Restaurants, fast food P P P P Restaurants, outdoor fast food P P P P Restaurants, sit-down P P P P Retail sales, convenience P P P P Retail sales, general P P P P Riverboat casinos Schools, public and private primary and middle educational facilities Schools, public and private secondary educational facilities P P P P P P P Shopping center, neighborhood P Shopping center, major P Tavern, bar or lounge S Textile/garment manufacturing P P P P P P P P P S P P P P S P P P (I-2 only) P S (B1); P (B-2) S Schools, vocational-technical, trade or industrial Taxidermy P P Theater P P P Timberland P P P P Townhouse (See: Residential/townhouse) Truck and heavy equipment sales/rental/service S Truck stop P S P P P P (C2 only) Truck stop casino Underground storage P Utilities, major services P (I-2 only) P S S P P P P Utilities, minor services P P (RM only) P Video poker truck stop (see "Truck stop casino") P (C2 only) Video rental establishments P Warehouse, storage and distribution; heavy P P (I-2 only) Warehouse, storage and distribution; light S Wireless facility P Woodland Wrecker service/storage facility/auto and equipment repair P P (RM only) P S S P P P P S P S (I-2 only) P P P Chapter 106 SITE PLANNING * * * ARTICLE V. YARD/SETBACK, OPEN SPACE AND COMMON AREA REQUIREMENTS * * * Sec. 106-124. C-1 site development regulations. Commercial site development regulations. (a) Site development regulations in C-1 districts. Each development site in the C-1 commercial district shall also be subject to the development regulations contained in the parish subdivision regulations. Minimum lot area (except for legal nonconforming lots as provided) 9,600 square feet (where parish operated sewer service is provided.) (Where parish operated sewerage is not provided, lot area requirements shall be that required by the parish subdivision regulations or the preferred professional use special permit requirements.) Minimum lot width 80 feet Minimum lot depth 120 feet Minimum yard setback requirements: Front yard 30 feet Street side or rear yard 10 feet Interior side or rear yard: Adjacent to residential districts 20 feet Adjacent to other districts 10 feet (b) Special criteria. (1) Access. C-1 districts shall be located on lots with street frontage on major arterial or collector streets only and shall not require travel through existing or proposed residential districts to access the C-1 district. (2) Special requirements adjacent to residential districts. a. Buffer requirements. A minimum six-foot chainlink fence with slats, permanently maintained, or a six-foot vegetative buffer, shall be required in the 20-foot required setback adjacent to all residential districts. All outdoor lighting must be directed toward the commercial property, be shielded from and shall not adversely impact any adjacent use or traffic. b. Greenbelt requirements. A minimum ten-foot greenbelt shall be required along the front property line. No parking or structure of any kind will be permitted in this greenbelt, except for the permitted driveway access. A minimum five-foot side yard greenbelt is required from the front property line to the required building setback line. Utility servitudes located within the property line may be counted toward this greenbelt requirement. Servitudes located on public rights-of-way shall not be counted toward this greenbelt requirement. c. Hours of operation and noise. If night activities are conducted by the onsite use, such activities shall not interfere with the peace of any adjacent residential district or onsite residential use. d. Storage of waste materials. No waste materials that are the product of any research or testing activity may be stored on site. e. Outside storage of goods. Outside storage of goods shall be permitted in the rear of the property beginning at the rear half of the building depth. This storage area shall be screened with a minimum eight-foot chainlink fence using slats, permanently maintained. The height of the stored goods shall not exceed the height of the roof eaves or 15 feet, whichever is less. a. C-1.1, Neighborhood-Scaled Commercial District Site Development Regulations: 1. Site development regulations. Each development site in the C-1.1 Commercial District shall also be subject to the development regulations contained in the parish subdivision regulations. Minimum lot area (except for legal nonconforming lots as provided) No smaller than the smallest of the adjacent residential district(s). Minimum lot width No smaller than the smallest of the adjacent residential district(s). Minimum lot depth No smaller than the smallest of the adjacent residential district(s).Minimum yard setback requirements: Front yard 30 feet Side or rear yard 10 feet 2. Special criteria. i. Access: C-1.1 districts shall be located on lots with street frontage on local interior or perimeter streets only and shall not require clientele to travel from their neighborhoods to higher-volume collector or arterial streets. This access requirement is intended to minimize travel distance of clientele so as to promote walking or other low-impact forms of transportation (e.g. bicycles, golf carts and utility carts). ii. Special requirements: A. Landscape, architectural and signage requirements. No manmade or vegetative buffers are required since the intent of neighborhood-scaled commercial is to blend-in the proposed commercial use(s) with the surrounding neighborhood(s). However, all proposed landscaping, architectural and signage plans should be submitted with the rezoning application. All outdoor lighting must be directed toward the commercial property, be shielded from and shall not adversely impact any adjacent use or traffic. B. Greenbelt requirements. A minimum ten-foot greenbelt shall be required along the front property line. No parking or structure of any kind will be permitted in this greenbelt, except for the permitted driveway access. A minimum five-foot side yard greenbelt is required from the front property line to the required building setback line. Utility servitudes located within the property line may be counted toward this greenbelt requirement. Servitudes located on public rights-of-way shall not be counted toward this greenbelt requirement. C. Hours of operation and noise. If night activities are conducted by the on-site use, such activities shall not interfere with the peace of any adjacent residential district or on-site residential use. D. Storage of waste materials. No waste materials that are the product of any research or testing activity may be stored on-site. E. Outside storage of goods. Outside storage of goods shall be permitted in the rear of the property beginning at the rear half of the building depth. This storage area shall be screened with a minimum eight-foot chainlink fence using slats, permanently maintained. The height of the stored goods shall not exceed the height of the roof eaves or 15 feet, whichever is less. a.1. C-1.2, Community-Scaled Commercial District Site Development Regulations: 1. Site development regulations. Each development site in the C-1.2 Community-Scaled Commercial District shall also be subject to the development regulations contained in the parish subdivision regulations. Minimum lot area (except for legal nonconforming lots as provided) 7,000 square feet (where parish operated sewer service is provided.) (Where parish operated sewerage is not provided, lot area requirements shall be that required by the parish subdivision regulations or the preferred professional use special permit requirements.) Minimum lot width 65 feet Minimum lot depth 100 feet Minimum yard setback requirements: Front yard 30 feet Street side or rear yard 10 feet Interior side or rear yard: Adjacent to residential districts 20 feet Adjacent to other districts 10 feet Preferred professional use special permit. Some uses, because of their minimal impact on the neighborhood, community and infrastructure, may develop on sites that are smaller than the minimum lot area requirements in a C-1.2 community-scaled commercial district when parish operated sewer service is not available. These proposed uses must first apply for a preferred professional use special permit. The procedures and approval process for a preferred professional use special permit shall be the same as for a special use permit, as specified in section 111-78. These development sites must still comply with all applicable federal, state and local laws including sanitary sewer, setbacks, parking, landscaping and greenbelts. The minimum lot area for a preferred professional use special permit site shall be 7,000 square feet and 65 feet minimum lot frontage for lots with parish operated sewer service available to the site, or 12,000 square feet and 80 feet minimum lot frontage without parish operated sewer service. Those uses permitted in all C-1.2 districts but also permitted on smaller lots without parish operated sewer with a preferred professional use special permit are: • Financial services 2. Special criteria. i. Access: C-1.2 districts shall be located on lots with street frontage on arterial, collector or local streets and shall not require travel through existing or proposed residential districts to access the C-1.2 district. ii. Special requirements adjacent to residential districts: A. Buffer requirements. A minimum six-foot chainlink fence with slats, permanently maintained, or a six-foot vegetative buffer, shall be required in the 20foot required setback adjacent to all residential districts. All outdoor lighting must be directed toward the commercial property, be shielded from and shall not adversely impact any adjacent use or traffic. B. Greenbelt requirements. A minimum ten-foot greenbelt shall be required along the front property line. No parking or structure of any kind will be permitted in this greenbelt, except for the permitted driveway access. A minimum five-foot side yard greenbelt is required from the front property line to the required building setback line. Utility servitudes located within the property line may be counted toward this greenbelt requirement. Servitudes located on public rights-of-way shall not be counted toward this greenbelt requirement. C. Hours of operation and noise. If night activities are conducted by the on-site use, such activities shall not interfere with the peace of any adjacent residential district or on-site residential use. D. Storage of waste materials. No waste materials that are the product of any research or testing activity may be stored on-site. E. Outside storage of goods. Outside storage of goods shall be permitted in the rear of the property beginning at the rear half of the building depth. This storage area shall be screened with a minimum eight-foot chainlink fence using slats, permanently maintained. The height of the stored goods shall not exceed the height of the roof eaves or 15 feet, whichever is less. a.2. C-1.3, Regional-Scaled Commercial District: 1. Site development regulations. Each development site in the C-1.3 Regional-Scaled Commercial District shall also be subject to the development regulations contained in the parish subdivision regulations. Minimum lot area (except for legal nonconforming lots as provided) 7,000 square feet (where parish operated sewer service is provided.) (Where parish operated sewerage is not provided, lot area requirements shall be that required by the parish subdivision regulations or the preferred professional use special permit requirements.) Minimum lot width 65 feet Minimum lot depth 100 feet Minimum yard setback requirements: Front yard 30 feet Street side or rear yard 10 feet Interior side or rear yard: Adjacent to residential districts 20 feet Adjacent to other districts 10 feet Preferred professional use special permit. Some uses, because of their minimal impact on the neighborhood, community and infrastructure, may develop on sites that are smaller than the minimum lot area requirements in a C-1.3 commercial district when parish operated sewer service is not available. These proposed uses must first apply for a preferred professional use special permit. The procedures and approval process for a preferred professional use special permit shall be the same as for a special use permit, as specified in section 26-28. These development sites must still comply with all applicable federal, state and local laws including sanitary sewer, setbacks, parking, landscaping and greenbelts. The minimum lot area for a preferred professional use special permit site shall be 9,600 square feet and 80 feet minimum lot frontage for lots with parish operated sewer service available to the site, or 12,000 square feet and 80 feet minimum lot frontage without parish operated sewer service. Those uses permitted in all C-1.3 districts but also permitted on smaller lots without parish operated sewer with a preferred professional use special permit are: • Administrative and business offices. • Financial services. • Medical services. 2. Special criteria. i. Access: C-1.3 districts shall be located on lots with street frontage on major arterial or collector streets only and shall not require travel through existing or proposed residential districts to access the C-1.3 district. ii. Special requirements adjacent to residential districts: A. Buffer requirements. A minimum six-foot chainlink fence with slats, permanently maintained, or a six-foot vegetative buffer, shall be required in the 20foot required setback adjacent to all residential districts. All outdoor lighting must be directed toward the commercial property, be shielded from and shall not adversely impact any adjacent use or traffic. B. Greenbelt requirements. A minimum ten-foot greenbelt shall be required along the front property line. No parking or structure of any kind will be permitted in this greenbelt, except for the permitted driveway access. A minimum five-foot side yard greenbelt is required from the front property line to the required building setback line. Utility servitudes located within the property line may be counted toward this greenbelt requirement. Servitudes located on public rights-of-way shall not be counted toward this greenbelt requirement. C. Hours of operation and noise. If night activities are conducted by the on-site use, such activities shall not interfere with the peace of any adjacent residential district or on-site residential use. D. Storage of waste materials. No waste materials that are the product of any research or testing activity may be stored on-site. E. Outside storage of goods. Outside storage of goods shall be permitted in the rear of the property beginning at the rear half of the building depth. This storage area shall be screened with a minimum eight-foot chainlink fence using slats, permanently maintained. The height of the stored goods shall not exceed the height of the roof eaves or 15 feet, whichever is less. * * * THEREFORE BE IT ORDAINED by the West Baton Rouge Parish Council, that this ordinance shall become effective thirty (30) days after advertisement in the Parish Official Journal pursuant to Section 2-12 (C) of the Home Rule Charter. NOW THEREFORE BE IT FURTHER ORDAINED by the West Baton Rouge Parish Council, that all other ordinances or parts of ordinances in conflict herewith are hereby repealed in their entirety. NOW THEREFORE BE IT FURTHER ORDAINED by the Parish Council of the Parish of West Baton Rouge, Louisiana, that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not effect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items, or applications of this ordinance are hereby declared severable. The foregoing ordinance having been submitted to a vote was adopted by the following yea or nay on roll call vote: YEAS: 8 (Ms. Gordon, Messrs. Washington, Loupe, Mouch, Porto, Mrs. Johnson, Messrs. Robertson, Kershaw) NAYS: 0 (None) ABSENT: 1 (Mr. Spillman) WHEREUPON the ordinance was declared adopted on the 14th day of May, 2009. ATTEST: ________________________________ /s/Sharon Zito, Council Clerk CERTIFICATE I, Sharon Zito, hereby certify that I am the duly qualified Council Clerk of the West Baton Rouge Parish Council. I further certify that the above and foregoing is a true and correct copy of an ordinance adopted by the West Baton Rouge Parish Council in regular session on the 14th day of May, 2009. I further certify that the above and foregoing ordinance was submitted to the Parish President at 9:25 o’clock AM on the 18th day of May, 2009. ___________________________ /s/Sharon Zito, Council Clerk PRESIDENT’S APPROVAL OR VETO I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 18th day of May, 2009. ____________________________________ /s/Riley Berthelot, Jr., Parish President COUNCIL CLERK’S RETURN RECEIPT I certify that the above and foregoing ordinance was returned from the Parish President at 4:00 o’clock PM on the 18th day of May, 2009. ______________________________ /s/Sharon Zito, Council Clerk ********** Chairman Mouch announced that a Public Hearing was in order at this time and all interested citizens were invited to appear and be heard regarding adoption of an ordinance to amend Chapter the Unified Development Code, Chapter 101 General provisions, Sec. 101-1 (c) Definitions, general definitions, Chapter 104 Zoning, Appendix A Zoning districts to provide for two (2) classifications of administrative/business office and auto sales/rentals. Mr. Durbin confirmed that following public hearing the Zoning Commission had recommended approval of the ordinance at the meeting of 5/5/09. Mr. Durbin stated that this ordinance proposes splitting-up the administrative and business offices into two categories (those under two stories and two acres, and those over two stories and two acres). Mr. Durbin stated that auto sales and rentals will also be split-up into two categories one in C-1.2 and one in C-1.3 (those that have less than 30 items and less than two acres and two stories, and those that are over two stories two acres and 30 items). No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point declared the Public Hearing concluded. Ordinance No. 33 of 2009 appears elsewhere in these minutes. ********** The following ordinance was offered by Mr. Phil Porto, Jr., seconded by Mr. Ricky Loupe ORDINANCE NO. 33 OF 2009 An ordinance to amend and reenact West Baton Rouge Code of Ordinances, Unified Development Code, Chapter 101 (“General Provisions”), Section 101-1(c) (“Definitions, General definitions”) and Chapter 104 (“Zoning Ordinance”), Appendix A (“Zoning Districts”) to provide for two classifications of administrative/business office and auto sales/rentals. WHEREAS the Parish of West Baton Rouge has duly adopted and enforced a zoning code for the Parish AND WHEREAS it is in the public welfare to provide for separate commercial zones based on the scale of development in order to be more compatible with surrounding uses AND WHEREAS certain land uses, such as office space and automobile sales, often can be developed at various scales depending on the specific market being served THEREFORE BE IT ORDAINED BY THIS COUNCIL that the West Baton Rouge Code of Ordinances, Unified Development Code, Chapter 101 (“General Provisions”), Sections 101-1(c) (“Definitions, General definitions”) and Chapter 104 (“Zoning Ordinance”), Appendix A (“Zoning Districts”) be amended and reenacted to read as follows (NOTE: underlined words are additions and strikethrough words are deletions. Three asterisks indicate sections of the code skipped for brevity of this ordinance. Such sections are to be retained by the code editors.): Chapter 101 GENERAL PROVISIONS Sec. 101-1. Definitions * * * (c) General definitions. The following words, terms and phrases, when used in this unified development code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Administrative and business offices means offices or private firms or organizations which are primarily used for the provision of executive, management, or administrative services. Typical uses include administrative offices, and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, photocopy and reproduction and business offices of public utilities, organizations and associations, or other use classifications when the service rendered is that customarily associated with administrative office services. Administrative and business offices, community-scaled means community-scaled offices or private firms or organizations which are primarily used for the provision of executive, management, or administrative services. Typical uses include administrative offices, and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, photocopy and reproduction and business offices of public utilities, organizations and associations, or other use classifications when the service rendered is that customarily associated with administrative office services. Community-scaled administrative and business offices are to be developed using parcels no greater than two (2) acres and buildings no larger than two (2) stories, excluding basements. Administrative and business offices, regional-scaled means regional-scaled offices or private firms or organizations which are primarily used for the provision of executive, management, or administrative services. Typical uses include administrative offices, and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, photocopy and reproduction and business offices of public utilities, organizations and associations, or other use classifications when the service rendered is that customarily associated with administrative office services. Regional-scaled administrative and business offices can be developed using parcels and buildings of any size. * * * Automobile sales and rentals means the sale or rental of automobiles, noncommercial trucks or trailers (capable of being pulled by automobiles only), motorcycles, recreational vehicles or boats, including incidental storage, maintenance and servicing. Typical uses include new and used car dealerships, motorcycle dealerships, boat, trailer and recreational vehicle dealerships, auto and trailer rental agencies and taxicab parking, dispatching and fleet storage. Automobile sales and rentals, community-scaled means the sale or rental of automobiles, noncommercial trucks or trailers (capable of being pulled by automobiles only), motorcycles, recreational vehicles or boats, including incidental storage, maintenance and servicing. Typical uses include new and used car dealerships, motorcycle dealerships, boat, trailer and recreational vehicle dealerships, auto and trailer rental agencies and taxicab parking, dispatching and fleet storage. Community-scaled automobile sales and rentals are to be developed using parcels no greater than two (2) acres, buildings no larger than two (2) stories (excluding basements) and a total inventory for sale or rent on-site at any time to be no greater than thirty (30) items. Automobile sales and rentals, regional-scaled means the sale or rental of automobiles, noncommercial trucks or trailers (capable of being pulled by automobiles only), motorcycles, recreational vehicles or boats, including incidental storage, maintenance and servicing. Typical uses include new and used car dealerships, motorcycle dealerships, boat, trailer and recreational vehicle dealerships, auto and trailer rental agencies and taxicab parking, dispatching and fleet storage. Regional-scaled automobile sales and rentals may be developed using parcels, buildings and total inventory of any size. * * * APPENDIX A. ZONING DISTRICTS The table below indicates which land and building uses are permissible and nonpermissible in each zoning district. The phrase "any other similar uses compatible with" each zone may applied by the zoning administrator for C-1, I-1, I-2 and I-3 zoning districts. The following codes apply: P = Permitted use; Blank Space = Prohibited use; 2 acres is approximately 300 ft x 300 ft Use Classifications Accessory residential Administrative and business S = Special use permit required for the use. R-SF-1, R-SF-2, R-SF-3, R-ED, R2F R-MF1, RMF-2, R-MF3 P P C-1.1 C-1.2 C-1.3 R-MH, R-M P P I-1, I2 I-3 A P S S P P P B-1, B-2 PO offices Administrative and business offices, community-scaled P Administrative and business offices, regional-scaled P P P P Adult nightclub S (I-2 only) S Adult uses/materials S (I-2 only) S Agricultural sales and services P P P Airport (See: Private landing strips also) P P Amusement arcade P P P Animal kennels P P P P Animal production P Animal sales and services, general Animal sales and services, limited P Apartments (See: Residential/multiple-family) P P P P P P P (I-2 only) P P Aquaculture Arts and crafts studio P P P P P Auto salvage yard (See: Junkyard) Automobile and equipment repair P Automobile sales and rentals P Automobile sales and rentals, community-scaled P Automobile sales and rentals, regional-scaled P P P P P P Automotive, fuel station P P P Automotive service station P P P Bar (See: Tavern, bar or lounge) Bed and breakfast P P Business support services P Business or trade school P P P Campground P Car wash P P P P Cemetery P P P Church, religious assembly P P P Club or lodge, private Coal storage P P P P P (I-2 only) P College and university facilities Commercial, seasonal outdoor P S (R-SF1, R-SF2, and RSF-3 only) S S P S S Communication services Communications towers P P P P P Concrete crusher P P P Concrete statues, handiwork P P P Condominium (See: Residential/condominium) Congregate housing P P P P (I-2 only) Construction materials plants Construction sales and services Consumer repair services Cultural services Day care centers, preschools, nursery schools P P P P P P P P P P P Dormitory P P P P P Duplex (See: Residential/duplex) Exterminating services Farms P P P Financial services P P P P P P P P P P P P P P Food sales P Fraternity/sorority residence Funeral home Garden center P Group home for the handicapped P Guesthouse P Home occupation P P P P P Hospital, general P P Hotel/motel P P Industrial, heavy P P Industrial, moderate P (I-2 only) P Industrial, light P P Injection wells Junkyard Landfarm P S S (I-2 only) P P Landfill, sanitary Laundry services, coin-operated P P P Laundry services, commercial P P Laundry services, neighborhood P P P P Marine services, barge mooring facilities P Marine services, boat and ship repairs Marine services, boat/sales/service P Marine services, boat/ship fuel area Marine services, commercial and charter fishing P Marine services, marinas P P Marine services, retail P P (B-2 only) P P (B-2 only) P P P P P P P P (B-2 only) Marine services, yacht clubs P Massage parlor P Medical services P P Military base P P Ministorage P (No more than 100 units) P P P P P P Mobile home park (See: Residential/mobile home park) Mobile home (See: Residential/mobile home) Nightclub (See: Tavern, bar or lounge) Nuclear waste or storage Nursery plant Nursing home P P P Packing and processing, general P Packing and processing, limited P Parking facilities P P Personal services P S S P P Private landing strips Public safety services Recreation, commercial outdoor P P P P P P Port facilities Postal and parcel delivery services P S S P P P P P P P P P P P P P P P S P P S P (B-2 only) sports Recreation, outdoor entertainment Recreation, community P P P P P Recreation, indoor entertainment P P P Recreation, indoor sports P P P P P P P Recycling facilities P (I-2 only) Research services, hazardous P Residential/condominium and townhouse residential P Residential/duplex residential Residential/mobile home park P (RMH only) Residential/mobile home residential P Residential/multiple-family residential Residential/single-family residential P P (RM only) P Residential/townhouse residential P P P P P P P P P P S S S S S P S S S S P P P P P P P P Restaurants, drive-in P P P Restaurants, fast food P P P Restaurants, outdoor fast food P P P Restaurants, sit-down P P P P P P P P P Residential/two-family residential P (R-2F only) Resource extraction S Retail sales, convenience S P Retail sales, general Riverboat casinos P P Schools, public and private secondary educational facilities P P Schools, vocational-technical, trade or industrial P P P Shopping center, neighborhood P P P P P P S P Shopping center, major Tavern, bar or lounge Textile/garment manufacturing P P S P P P P (I-2 only) P S (B1); P (B-2) S Schools, public and private primary and middle educational facilities Taxidermy P P Theater P P Timberland P P P P Townhouse (See: Residential/townhouse) Truck and heavy equipment sales/rental/service S Truck stop P P P Truck stop casino Underground storage P Utilities, major services P (I-2 only) P S S P P P P Utilities, minor services P P (RM only) Video poker truck stop (see "Truck stop casino") Video rental establishments P P (I-2 only) Warehouse, storage and distribution; heavy Warehouse, storage and distribution; light S S Wireless facility P P Woodland P Wrecker service/storage facility/auto and equipment repair P (RM only) P P S P S (I-2 only) P P THEREFORE BE IT ORDAINED by the West Baton Rouge Parish Council, that this ordinance shall become effective thirty (30) days after advertisement in the Parish Official Journal pursuant to Section 2-12 (C) of the Home Rule Charter. NOW THEREFORE BE IT FURTHER ORDAINED by the West Baton Rouge Parish Council, that all other ordinances or parts of ordinances in conflict herewith are hereby repealed in their entirety. NOW THEREFORE BE IT FURTHER ORDAINED by the Parish Council of the Parish of West Baton Rouge, Louisiana, that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not effect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items, or applications of this ordinance are hereby declared severable. The foregoing ordinance having been submitted to a vote was adopted by the following yea or nay on roll call vote: YEAS: 8 (Messrs. Washington, Loupe, Mouch, Porto, Mrs. Johnson, Messrs. Robertson, Kershaw, Ms. Gordon) NAYS: 0 (None) ABSENT: 1 (Mr. Spillman) P WHEREUPON the ordinance was declared adopted on the 14th day of May, 2009. ATTEST: ________________________________ /s/Sharon Zito, Council Clerk CERTIFICATE I, Sharon Zito, hereby certify that I am the duly qualified Council Clerk of the West Baton Rouge Parish Council. I further certify that the above and foregoing is a true and correct copy of an ordinance adopted by the West Baton Rouge Parish Council in regular session on the 14th day of May, 2009. I further certify that the above and foregoing ordinance was submitted to the Parish President at 9:25 o’clock AM on the 18th day of May, 2009. ___________________________ /s/Sharon Zito, Council Clerk PRESIDENT’S APPROVAL OR VETO I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 18th day of May, 2009. ____________________________________ /s/Riley Berthelot, Jr., Parish President COUNCIL CLERK’S RETURN RECEIPT I certify that the above and foregoing ordinance was returned from the Parish President at 4:00 o’clock PM on the 18th day of May, 2009. ______________________________ /s/Sharon Zito, Council Clerk ********** Chairman Mouch announced that a Public Hearing was in order at this time and all interested citizens were invited to appear and be heard regarding adoption of an ordinance to amend Chapter the Unified Development Code, Chapter 111 Administration and enforcement, Article VII Penalties, Sec. 111-167 Site plan penalties to provide for penalties to be assesses for violations of the site plan chapter of the unified development code. Mr. Durbin confirmed that following public hearing the Zoning Commission had recommended approval of the ordinance at the meeting of 5/5/09. Mr. Durbin stated that this ordinance as nothing new but provided for penalty provision reading same into record, which was eliminated by Municipal Code Corporation last year. No interested citizens appeared either for or against said ordinance. No written protests opposing the ordinance were received. The Council Chairman at this point declared the Public Hearing concluded. Ordinance No. 34 of 2009 appears elsewhere in these minutes. ********** The following ordinance was offered by Mr. Ricky Loupe, seconded by Mrs. Alethea Johnson ORDINANCE NO. 34 OF 2009 An ordinance to enact West Baton Rouge Code of Ordinances, Unified Development Code, Chapter 111 (“Administration and Enforcement”), Article VIII (“Penalties”) Section 111-167 (“Site plan penalties”) to provide for penalties to be assessed for violations of the site plan chapter of the Unified Development Code. WHEREAS penalties for violation of the Parish zoning code have always been in effect AND WHEREAS when the Parish underwent recodification in 2008, portions of the original zoning code were placed in the Site Plan chapter AND WHEREAS the penalties assessed in Chapter 111 should rightly be enforced on violations of the zoning chapter and the site plan chapter as originally intended THEREFORE BE IT ORDAINED BY THIS COUNCIL that Chapter 111 (“Zoning”), Section 111-167 (“Site plan penalties”) be enacted to read as follows (NOTE: underlined words are additions and strikethrough words are deletions. Three asterisks indicate sections of the code skipped for brevity of this ordinance. Such sections are to be retained by the code editors.): Chapter 111 ADMINISTRATION AND ENFORCEMENT * * * ARTICLE VIII. PENALTIES * Sec. 111-167. * * Penalties for violation (a) Violation of the provisions of chapter 106, site planning, or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates chapter 106 or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100.00 or imprisoned for not more than 30 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. (b) The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. (c) Nothing herein contained shall prevent the parish from taking such other lawful action as is necessary to prevent or remedy any violation. * * * THEREFORE BE IT ORDAINED by the West Baton Rouge Parish Council, that this ordinance shall become effective thirty (30) days after advertisement in the Parish Official Journal pursuant to Section 2-12 (C) of the Home Rule Charter. NOW THEREFORE BE IT FURTHER ORDAINED by the West Baton Rouge Parish Council, that all other ordinances or parts of ordinances in conflict herewith are hereby repealed in their entirety. NOW THEREFORE BE IT FURTHER ORDAINED by the Parish Council of the Parish of West Baton Rouge, Louisiana, that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not effect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items, or applications of this ordinance are hereby declared severable. The foregoing ordinance having been submitted to a vote was adopted by the following yea or nay on roll call vote: YEAS: 8 (Messrs. Loupe, Mouch, Porto, Mrs. Johnson, Messrs. Robertson, Kershaw, Ms. Gordon, Mr. Washington) NAYS: 0 (None) ABSENT: 1 (Mr. Spillman) WHEREUPON the ordinance was declared adopted on the 14th day of May, 2009. ATTEST: ________________________________ /s/Sharon Zito, Council Clerk CERTIFICATE I, Sharon Zito, hereby certify that I am the duly qualified Council Clerk of the West Baton Rouge Parish Council. I further certify that the above and foregoing is a true and correct copy of an ordinance adopted by the West Baton Rouge Parish Council in regular session on the 14th day of May, 2009. I further certify that the above and foregoing ordinance was submitted to the Parish President at 9:25 o’clock AM on the 18th day of May, 2009. ___________________________ /s/Sharon Zito, Council Clerk PRESIDENT’S APPROVAL OR VETO I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 18th day of May, 2009. ____________________________________ /s/Riley Berthelot, Jr., Parish President COUNCIL CLERK’S RETURN RECEIPT I certify that the above and foregoing ordinance was returned from the Parish President at 4:00 o’clock PM on the 18th day of May, 2009. ______________________________ /s/Sharon Zito, Council Clerk ********** Executive Assistant Jason Manola was recognized under item 10 (consider status report, change order, and/or other matters as required on current projects) and discussed recent preliminary meeting on site at the Erwinville Community Center regarding proposed renovations. Mr. Manola stated that the Parish Architect would draft and present options based on input from all parties involved in process. ********** Riley Berthelot, Jr. was recognized under Parish President’s Report regarding the following: Presented report on recent Baton Rouge Area Chamber Baton Rouge Loop poll of 300 residents from each of the five-parish area (WBR residents had 88% favorable rating). Mr. Washington requested that future polls obtain input from working residents traveling the congested areas during peak hours. Dow Chemical committed to handle hazardous materials for “Keep West Baton Rouge Beautiful” (date to be announced later); Monday night meeting with Emily Drive residents regarding upcoming drainage project; Status of Community Development Block Grant funding for Red Eye and Red Hat Sewer Project; Named 1) rehab of La. 1 between Intracoastal Canal and Old Mississippi River Bridge, and 2) Emily Drive acceleration lane as Stimulus package back-up projects; Announced Saturday La. Fallen Firefighters memorial service will be held at Independence Park at 10:30AM; Requested prayers for Huey Maranto’s family (son recently suffered stroke). Mr. Washington inquired about sewer grant approval notification date. Discussion held on La. 1 overlay near Old Mississippi River Bridge. ********** At this time Randal Mouch was recognized under Council Chairman’s Report regarding the following: Apologized for not mentioning at the last meeting that Agnes Anderson remains in hospital paralyzed and requested prayers for her and family. Consensus was to collect money for flowers. Thanked Mr. Manola for weekly emailed reports. ********** The following resolution was offered by Mr. Jeff Kershaw, seconded by Mr. Phil Porto, Jr. RESOLUTION A Resolution authorizing the Parish President, Director- Department of Finance and Council Clerk to sign the Louisiana Compliance Questionnaire for Audit Engagement on behalf of the West Baton Rouge Parish Council for the period January 1, 2008-December 31, 2008 as prepared by the Director- Department of Finance WHEREAS, as mandated by State Law the West Baton Rouge Parish Council completed the compliance questionnaire for audit engagements as a required part of a financial audit of Louisiana governmental units and quasi-public entities. NOW THEREFORE BE IT RESOLVED that the West Baton Rouge Parish Council does hereby authorize the Parish President, Director-Department of Finance and Council Clerk to sign the Louisiana Compliance Questionnaire for Audit Engagement for the period January 1, 2008-December 31, 2008 as prepared by the Director-Department of Finance. Roll call vote on the resolution was recorded as follows: YEAS: 8 (Messrs. Mouch, Porto, Mrs. Johnson, Messrs. Robertson, Kershaw, Ms. Gordon, Messrs. Washington, Loupe) NAYS: 0 (None) ABSENT: 1 (Mr. Spillman) As a result of the roll call vote the resolution was unanimously adopted by those members present. CERTIFICATE I, Sharon Zito, Council Clerk of the West Baton Rouge Parish Council do hereby certify that the above and foregoing is true and correct copy of a resolution adopted by said body at its Regular Meeting of May 14, 2009, at which meeting a majority of the members were present and voting. ____________________________ /s/Sharon Zito ********** Mr. Manola was recognized under item 13 (resolutions) and explained the requested resolution was required in order to apply for grant disaster monies allocated to each parish by Louisiana Recovery Act to address damage caused by Hurricanes Gustav and Ike. Said resolution appears elsewhere in these minutes. ********** The following resolution was offered by Mr. Phil Porto, Jr., seconded by Mrs. Alethea Johnson RESOLUTION A Resolution authorizing the Parish President to execute the Cooperative Endeavor Agreement implementing grant under the Community Development Block Grant Disaster Recovery Program through the Parish-implemented Recovery Program WHEREAS, the aforementioned Cooperative Endeavor Agreement execution will enable recovery and rebuilding efforts within West Baton Rouge Parish to address damage caused by Hurricanes Gustav and Ike. NOW THEREFORE BE IT RESOLVED that the West Baton Rouge Parish Council does hereby authorize the Parish President to execute the aforementioned Cooperative Endeavor Agreement on behalf of West Baton Rouge Parish. Roll call vote on the resolution was recorded as follows: YEAS: 8 (Mr. Porto, Mrs. Johnson, Mr. Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Mouch) NAYS: 0 (None) ABSENT: 1 (Mr. Spillman) As a result of the roll call vote the resolution was unanimously adopted by those members present. CERTIFICATE I, Sharon Zito, Council Clerk of the West Baton Rouge Parish Council do hereby certify that the above and foregoing is true and correct copy of a resolution adopted by said body at its Regular Meeting of May 14, 2009, at which meeting a majority of the members were present and voting. ____________________________ /s/Sharon Zito ********** The Council Clerk read by title the proposed ordinance being introduced by title, publicized by title, and considered for adoption following a public hearing at the meeting of Thursday, June 25, 2009 at 6:30PM in the Council Meeting Room of the Governmental Building, 880 North Alexander Avenue, Port Allen, La. for the rezoning request of Thomas Griffin, Jr., 12426 Maple Street, Port Allen, La. designated as Lots 9 & 10, Flynnland Subdivision from R-SF-2 (Residential Single Family District) to C-1.3 (Regional-Scaled Commercial District) with Special Use Permit. The Council Clerk also ready by title the below listed proposed ordinances being introduced by title, publicized by title, and considered for adoption following a public hearing at the meeting of Thursday, May 28, 2009 at 6:30PM in the Council Meeting Room of the Governmental Building, 880 North Alexander Avenue, Port Allen, La.: Amend Chapter 2 Administration, Article V. Convention and Visitors Bureau, Sec. 2-85 Membership; Amend Chapter 2 Administration; Sec. 2-55 Expenses for Sales Tax and Utility Department Employees, (c) Travel Expenses; Amend Appendix A Purchase/donation of real property for lease of property as described and according to terms therein to La. Dept. of Environmental Quality to install air monitoring device. ********** Mr. Durbin was recognized under item 15 and reviewed and explained the following proposed condemnation of burned-out trailers located in Mr. Spillman’s district : 8112 Tuscaloosa Avenue, and 8235 Tuscaloosa Avenue (John & Veronica Battley). Mr. Durbin reviewed and explained the other condemnation site was located at 975 Solomon Street in Mr. Robertson’s district. Discussion held on additional funds required for these sites, and municipal ordinances defining abandoned structures. A motion was made by Mr. Jeff Kershaw, seconded by Mrs. Alethea Johnson to ratify the Parish President’s signature to proceed with condemnation process of sites located at 8112 Tuscaloosa Avenue, 8235 Tuscaloosa Avenue, and 975 Solomon Street, Port Allen, La. based on the recommendation of the Office of Community Planning and Development. Roll call vote on the motion was recorded as follows: YEAS: 8 (Mr. Porto, Mrs. Johnson, Messrs. Robertson, Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Mouch) NAYS: 0 (None) ABSENT: 1 (Mr. Spillman) As a result of the roll call vote the motion was unanimously adopted by those members present. ********** A motion was made by Mr. Jeff Kershaw, seconded by Ms. Charlene Gordon to approve the 2009 Class AR Restaurant Beer and/or Liquor Permit for Kelly Chau, LLC. d/b/a Brusly Chevron, 3847-B State Highway 1 S, Port Allen, La. and Angel Chau, LLC. d/b/a Brusly Food Mart, 3847 State Highway 1 S, Port Allen, La., as same meets all requirements in accordance with the Compiled Ordinances, Parish of West Baton Rouge, Louisiana, Chapter 6, Alcoholic Beverages. Roll call vote on the motion was recorded as follows: YEAS: 8 (Mrs. Johnson, Messrs. Robertson, Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Mouch, Porto) NAYS: 0 (None) ABSENT: 1 (Mr. Spillman) As a result of the roll call vote the motion was unanimously adopted by those members present. ********** At this time under Correspondence Report the Council Clerk read excerpts from the following: West Baton Rouge Parish Planning & Zoning Commission Agenda scheduled for Tuesday, May 19, 2009 at 6:30 PM; Police Jury Association of Louisiana Annual Legislative Day, Thursday, May 28, 2009 and requested head-count for attendance. Mr. Berthelot was recognized stating that he would notify by email of meeting with municipal representatives to be scheduled next week to consider revisions to the current Animal Control Ordinance. Mr. Berthelot stated that Blue Tarp status remains the same. Mr. Porto made brief statement regarding new job. ********** There being no further business, a motion to adjourn was made by Mrs. Alethea Johnson, seconded by Ms. Charlene Gordon at 7:35PM. Roll call vote on the motion was recorded as follows: YEAS: 8 (Messrs. Robertson, Kershaw, Ms. Gordon, Messrs. Washington, Loupe, Mouch, Porto, Mrs. Johnson) NAYS: 0 (None) ABSENT: 1 (Mr. Spillman) As a result of the roll call vote the motion was unanimously adopted by those members present. _______________________________________ /s/Randal Mouch, Council Chairman ________________________________ /s/Sharon Zito, Council Clerk
© Copyright 2026 Paperzz