COMPREHENSIVE LAND USE ORDINANCE
COMPREHENSIVE DEVELOPMENT ORDINANCE
OF WASHINGTON PARISH, LOUISIANA
REVISED
SEPTEMBER 10, 2012
Prepared by:
Washington Parish Planning Commission
PARISH OF WASHINGTON
STATE OF LOUISIANA
AN ORDINANCE ENTITLED
COMPREHENSIVE DEVELOPMENT ORDINANCE
OF WASHINGTON PARISH, LOUISIANA
Whereas, Louisiana Statutes RS 33 §106 and State Act 859 of the 2004 La. Legislature provides for a parish planning commission to make and adopt a master plan for the physical development of the unincorporated territory of a parish; and
Whereas, The Washington Parish Council has adopted a vision statement and quality communities objectives. In summary, the vision is (among other principles) to structure its programs to: preserve quality of life, revitalize downtowns, reverse the decline of older neighborhoods, conserve natural and historic resources, facilitate sustainable strategies for growth and development, manage river and transportation corridors, promote more traditional and less auto-dependent (i.e., traditional neighborhood) development patterns, mitigate the negative impacts of development, introduce new smart growth concepts, regulate but do not hinder economic development in rural communities, reduce sprawl by minimizing the conversion of undeveloped land at the urban periphery, and achieve local participation in regional initiatives to protect shared natural resources; and
Whereas, Washington Parish has engaged in long-range planning and has prepared this ordinance with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the parish and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements; and
Whereas, Louisiana Statutes RS 33 §112 provides that a parish planning commission can adopt regulations governing the subdivision of land within unincorporated territory within its jurisdiction for purposes other than agricultural, and said Statute further provides that such regulations may provide for the proper arrangement and width of streets in relation to other existing or planned streets and to the master plan, for adequate and convenient open spaces for traffic, vehicular parking, utilities, access of firefighting apparatus, recreation, light and air, and for the avoidance of congestion of population, including minimum width and area of lots; and
Whereas, notice of all such regulations pertaining to subdivision of land is required by Louisiana Statutes RS 33 §112 to be published as provided by law for the publication of ordinances, and, before adoption, a public hearing shall be held thereon. A parish planning commission shall give notice of the purpose, time, and place of the hearing by one publication in the official parish journal at least ten days prior to the date set; and
Whereas, Louisiana Statutes RS 33 §4780.40 authorizes parishes, subject to judicial review, to adopt land use regulations for the purpose of promoting the health, safety, morals, or general welfare of the community, to regulate and restrict the height, number of stories, and size of structures; the percentage of lots that may be occupied; courts and other open spaces; the density of population; and the location and use of the buildings, structures, and land for trade, industry, residence, or other purposes; and
Whereas, pursuant to Louisiana Statutes RS 33 §4780.41 the governing authority of a parish may divide the parish into districts of such number, shape, and area as may be deemed best suited to carry out such purposes, and within the districts so created, said governing authority may regulate and restrict the erection, construction, alteration, or use of buildings, structures, or land; and
Whereas pursuant to R.S. 33 §4780.43, a public hearing has been held by the Governing Authority;
NOW, THEREFORE BE IT ORDAINED by the Washington Parish Council, and IT IS HEREBY ORDAINED by the authority of the same, that the following articles and sections known collectively as the Washington Parish Comprehensive Development Ordinance are hereby enacted into law.
WASHINGTON PARISH COUNCIL
SIGNATURE__________________
President
ATTEST:
SIGNATURE_____________________
Parish Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY:
SIGNATURE_____________________
Parish Attorney
PREFACE
Located within Washington Parish are many areas that contain soils highly suitable for the cultivation of agricultural crops and forests. Land in the agricultural district constitutes a valuable natural resource, and protection is in the public’s interest. Agriculture and forestry are major components of the economy of the parish, and they remain viable economic enterprises if that land is held in relatively large tracts (40 acres to hundreds of acres).
The continuation of agriculture and forestry as viable land uses and components of the local economy is threatened by rural residential, suburban, and urban land uses, and land subdivision. When land is divided into smaller tracts, it becomes less suitable for agriculture and forestry production because the assembly of enough acreage for a farm of minimum efficient size becomes difficult. Smaller tracts generally sell for a higher price per acre, and subdivision of large agricultural or forest tracts generally results in the increase of per-acre land values. The availability of smaller tracts at lower cost attracts exurban and suburban residential and non-farm buyers into the market, thereby increasing adjacent land values for residential uses and decreasing land values for agricultural and forest uses. The cumulative impact of the subdivision of farm and forest lands into small lots increases the level of conflict between farmers/foresters and non-farmers, makes farming more difficult, and eventually leads to dissolution of the agricultural and forest economy.
. The requirements contained in this ordinance are provided to encourage and manage the development of the parish where it is needed in a way that helps to preserve the rural character of the parish while allowing for smart growth.
CONTENTS
ARTICLE 1 LEGAL STATUS, ADMINISTRATION AND ENFORCEMENT
§1-1 LEGAL STATUS PROVISIONS 6
§1-2 ADMINISTRATION 6
§1-3 ENFORCEMENT 7
§1-4 LAND USE PERMIT 7
ARTICLE 2 DEFINITIONS 10
ARTICLE 3 MANUFACTURED HOUSING AND MOBILE HOME/RV PARKS
3-1 MANUFACTURED HOME COMPATIBILITY STANDARDS 30
3-2 MANUFACTURED HOME PARKS 33
3-3 RECREATIONAL VEHICLE PARKS 39
ARTICLE 4 IMPROVEMENTS REQUIREMENTS FOR SUBDIVISIONS
AND LAND DEVELOPMENTS
4-1 GENERAL PROVISIONS, PURPOSE, BONDS, AND FEES 43
GENERAL REVIEW PROCEDURES 43
MINIMUM LOT SIZES AND DENSITY 43
4-2 STANDARDS FOR CONFIGURING NEW STREETS 50
GENERAL APPROVALS AND PRIVATE DRIVEWAYS 50
4-3 REQUIREMENTS FOR STREETS 53
4-4 CURB CUTS AND ACCESS SPECIFICATIONS 56
4-5 STREET LIGHTING 59
4-6 STREET SIGNS 59
4-7 CURB AND GUTTER 59
4-8 SIDEWALKS 60
4-9 DRAINAGE AND STORMWATER MANAGEMENT 60
4-10 WATER 63
4-11 SEWER 64
4-12 UTILITIES 66
4-13 OVERSIZING OF IMPROVEMENTS AND UTILITIES 66
4-14 PROCEDURE FOR ADMINISTRATIVE INSPECTION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS 66
4-15 ENFORCEMENT AND PENALTIES 67
ARTICLE 5 INDUSTRIAL, COMMERCIAL OR BUSINESS PERMIT ORDINANCE
1. GENERAL 70
2. COMPOST FACILITY REQUIREMENTS 74
ARTICLE 6 MINES AND MININING OPERATIONS
6-1 REGULATORY COMPLIANCE 78
6-2 APPLICATION REQUIREMENTS 78
6-3 LOCATION RESTRICTIONS 79
6-4 SLOPING AND GRADING 79
6-5 LAND LEVELING 80
6-6 ADDITIONAL REMEDY FOR VIOLATIONS 80
6-7 ADDITIONAL GUIDE FOR PERMIT COMPLIANCE 80
ARTICLE 1
LEGAL STATUS, ADMINISTRATION AND ENFORCEMENT
§1-1 LEGAL STATUS PROVISIONS
§1-2 ADMINISTRATION
§1-3 ENFORCEMENT
§1-4 LAND USE PERMIT
§1-1 LEGAL STATUS PROVISIONS
§1-1-1 Effective Date. This Ordinance shall be effective immediately upon its adoption, the public welfare demanding it.
§1-1-2 Short Title. The Ordinance shall be known and may be cited as the Washington Parish Comprehensive Development Ordinance.
§1-1-3 Jurisdiction. Unless this Ordinance clearly indicates otherwise, this Ordinance shall apply within the unincorporated limits of Washington Parish, Louisiana.
§1-1-4 Conflict With Other Laws. Whenever the regulations of this Ordinance require or impose more restrictive standards than are required in or under any other Ordinance, the requirements of this Ordinance shall govern. Whenever the provisions of any state or federal statute requires more restrictive standards than are required by this Ordinance, the provisions of such statute shall govern.
§1-1-5 Validity and Severability. Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
§1-1-6 Codification. It is the intention of the Parish Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the official code of Washington Parish, Louisiana, and the sections of this Ordinance may be renumbered or reorganized to accomplish such intention.
§1-2 ADMINISTRATION
§1-2-1 Administration and Interpretation. It shall be the duty of the duly appointed Washington Parish Permit Office to administer and interpret this Ordinance. To this end, the Permit Office is authorized to prepare administrative procedures, guidelines, application forms, to tend to other administrative details not inconsistent with the provisions of this Ordinance, and to implement the provisions of this Ordinance. The Permit Office may delegate administrative functions, powers and duties assigned by this Ordinance to other staff as may be appropriate, without the need to reflect such delegation by formal action.
§1-2-2 Appeal of Variances to the Parish Planning Commission.
This Article provides for appeals from actions of the Permit Office in the administration, enforcement, and interpretation of this code. This Section also provides a mechanism for relief in an individual case where certain dimensional or improvement requirements of this Ordinance pose undue hardship.
3. Variance Applications
A property owner or his authorized agent may initiate a request for variance by filing an application with the Permit Office. The application shall be accompanied by a site plan, drawn to an engineering scale, showing the dimensions and arrangement of the proposed development. The Permit Office may require other drawings or materials essential to an understanding of the proposed use and variance requested and its relationship to the surrounding properties. A $75 fee shall accompany variance applications as established by the Washington Parish Council by Resolution from time to time. A separate application and $75 fee shall be required for each Article of this Ordinance requested to be varied.
4. Action on Variance Application
The Planning Commission shall make findings and render a decision in writing within 32 days, after its respective public hearing on the proposed variance. The Permit Office shall notify the applicant, in writing, of the decision of the Planning Commission within five days after the Commission has rendered its decision. A recommendation to approve a variance shall require an affirmative vote of a simple majority of the planning commission members present and voting.
Decisions of the Planning Commissions shall be final, but a person aggrieved by a decision of the Planning Commission may appeal to the Planning Commission’s decision to the Parish Council. The Parish Council may only overturn or reverse a decision of the Planning Commission upon the affirmative vote of a simple majority of the Parish Council members present and voting at a duly constituted meeting. A decision of the Parish Council pursuant to this Section may be appealed to the Court of proper jurisdiction of the State of Louisiana as provided by law.
§1-3 ENFORCEMENT
§1-3-1 Enforcement Responsibilities. It shall be the duty of the duly appointed Permit Office to enforce this Ordinance and to bring to the attention of the Parish attorney any violations or lack of compliance therewith. The Permit Office may delegate enforcement functions, powers, and duties assigned by this Ordinance to other staff as may be appropriate, without the need to reflect such delegation by formal action.
§1-3-2 Refusal of Permits or Permissions. The Permit Office is hereby authorized and directed to deny and withhold permits or permissions on any new project or application pursuant to this Ordinance or other Ordinances or Resolutions of the Parish where the applicant, applicant's business, or agent has failed or refused to comply with this Ordinance.
§1-3-3 Stop Work Order. The Permit Office or designee is hereby authorized to issue written "stop work" and "cease and desist" orders for any activity that fails to comply with the provisions of this Ordinance. Such “stop work” or “cease and desist” orders may be lifted at such time as the Permit Office is satisfied that a good faith effort is being made to comply with applicable provisions of this Ordinance. Nothing shall prevent the Permit Office from reissuing “stop work” and “cease and desist” orders where warranted.
§1-3-4 Notice of Violation. Prior to or concurrent with the issuance of a Stop Work Order, if the Permit Office determines that an applicant or other responsible firm, person or corporation has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this ordinance, the permit office shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Ordinance without having first secured the appropriate permit there for, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.
§1-3-5 Content of Notice of Violation. Notices of violation shall contain the following:
a) The name and address of the owner or the applicant or the responsible person;
b) The address or other description of the site upon which the violation is occurring;
c) A statement specifying the nature of the violation;
d) A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this ordinance and the date for the completion of such remedial action, and a date set forth for completion of remedial measures, after which further enforcement action will be taken; and
e) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed.
In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more actions or penalties described in this section as appropriate may be taken or assessed against the person to whom the notice of violation was directed.
§1-3-6 Suspension, Revocation or Modification of Permit. The Permit Office may suspend, revoke or modify any permit or approval authorizing an activity or land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the enforcement officer may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
§1-3-6 Withholding of Utility Service. The Permit Office may request or direct any utility service provider to withhold utility service to any property on which a violation has occurred.
§1-3-7 Citation. The Permit Office shall have authority to issue citations and to prosecute violations before a court of competent jurisdiction. Violations of ordinances in the Parish may be tried upon citation with or without a prosecuting attorney as well as upon findings as a result of accusations or citizen complaints.
NOTE: If a restriction or stop work order is issued with the citation and the work continues at any time before the issue can be resolved, then the Permit Office will report the need for immediate court action to the District Attorney’s Office who will seek an injunction through the court of competent jurisdiction.
§1-3-7.1 The landowner or developer will have fifteen days to respond to the Permit Office to present a plan and schedule for compliance or other proposed resolution of the violation. If the proposed remedy is satisfactory in the opinion of the Permit Office, and the remedy is followed, then no further action is necessary.
§1-3-7.2 If the Permit Office and the landowner or developer cannot reach agreement then the issue will be presented to the Planning Commission as part of the normal agenda items of business for an upcoming meeting as soon as practical. The Planning Commission will review the issue and determine if the issue can be resolved between the Planning Commission and Landowner or Developer. If the issue is resolved then no further action is necessary.
§1-3-7.3 If the issue is not resolved by the Planning Commission then the landowner or developer may appeal to the Parish Council in accordance with 1-2-2..
§1-3-8 Injunction. If any land is used, or building, structure, or other activity is established or maintained in violation of this Ordinance, the Permit Office is authorized to and may institute, in addition to other remedies, an injunction or undertake other appropriate action to cause the violation to cease or to be corrected. Violations of this Ordinance may be tried upon citation with or without a prosecuting attorney as well as upon findings as a result of accusations or citizen complaints.
§1-3-9 Complaints. Whenever a violation of this Ordinance occurs or is alleged to have occurred, any person may file a written complaint. Such complaint shall state clearly and fully the causes and bases of the complaint and shall be filed with the Permit Office. The Permit Office shall record properly such complaint, investigate, and take action thereon as may be appropriate to enforce this Ordinance.
§1-3-10 Penalties for Violation of Ordinances. Any person violating any of the provisions of this Ordinance shall be punished by a fine or imprisonment, or both. Unless specifically provided otherwise by Louisiana Statute or by the Washington Parish Code of Ordinances, the punishment for violation of this Ordinance shall be a fine of $500.00 per violation or imprisonment for 60 days, or both.
§1-3-11 Right to Inspect. No person shall refuse entry or access to the Permit Office representative or any authorized representative or agent of the Parish, including inspections personnel of the Parish, who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.
ARTICLE 2
DEFINITIONS
Except as specifically defined herein, all words used in this ordinance have their customary dictionary definitions. Unless otherwise expressly stated, the following words shall have the meaning herein indicated.
Abutting: Having property lines in common, or having property separated by only an alley. Separation by a street right-of-way is not considered abutting.
Accessory building: A building subordinate to the principal building or use on a lot and used for purposes incidental to the principal building or use and located on the same lot therewith.
Accessory use: A use of the land or building or portion thereof customarily incidental and subordinate to the principal use and located on the same lot with such principal use.
Active recreational facilities: Equipment and areas prepared for active use for recreational and leisure purposes, including but not limited to: playground equipment (swing sets and climbing structures); courts for basketball, volleyball, and tennis; leveled, striped fields for football, soccer, or all-purpose fields; community picnic pavilion (including covered facilities with grills and/or fire pits); and community buildings for recreational events. Trails and bikeways through open spaces shall not be considered active recreational facilities.
Adult And/or Pornographic Material: Movies, films, motion pictures, video tapes, video discs, slides, photographs, or an other medium of visual representation or live performances, exhibitions or presentations; or (2) books, papers pamphlets, magazines, periodicals or publications; and which are characterized by an emphasis upon the depiction or description of any of the conduct or activities set forth and described in the provisions of Louisiana Revised Status Title 14, Chapter 1, Part VI, Sub-part C, and in that portion thereof designated as sub-paragraphs (2) (b) and (3) of paragraph A of Section 106 [LA. R. S. 14:106 A(2)(b), (3) )] or as such provisions may hereafter be amended, re-enacted or re-designated from time to time, and shall also consist of any instruments, devices or paraphernalia described in La. R.S. 26:90(F).
Adult Uses Pornographic Uses: – Establishments in which the gross receipts from providing entertainment, goods, and/or services defined as Adult Material/Pornographic Material herein or in combination therewith including, but not limited to, those from sales, rental fees, admission fees, tips, gratuities, and/or other revenues collected, constitutes at least five (5) percent of total gross revenues. Adult Uses/Pornographic Uses exceeding 5% of total gross revenues may be permitted only approval by the Parish Council. Failure of a person conclusively to establish the percentage of gross revenues from Adult uses/porngraphic uses shall be grounds to deny, revoke, prohibit, and/or enjoin the adult use/pornographic use.
Adult Business: Any establishment or premises which has at least 5% of its trade in the display, barter, rental, or sale of a medium which meets the criteria of adult entertainment and includes but is not limited to: adult entertainment bookstores, adult entertainment movie theaters, adult tanning salons, escort, businesses and nude house cleaning businesses.
Agriculture: The commercial cultivation or growth from or on the land of horticultural, floricultural, forestry, dairy, livestock, poultry, and apiarian products.
Alley: A strip of land dedicated to public use providing vehicular and pedestrian access to the rear of properties which abut and are served by a public road or street.
Apartment building: A building designed for or occupied exclusively by three or more households with separate housekeeping facilities for each household.
Architectural features: Ornamental or decorative features attached to or protruding from an exterior wall, including cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys, and decorative ornaments.
Assisted living facility: Residences for the frail or elderly that provide rooms, meals, personal care, and supervision of self - administered medication. They may provide other services incidental to the above. For purposes of this ordinance, assisted living facilities are considered institutionalized residential living and care facilities.
Automobile sales and service establishment: New and used car, truck, tractor, trailer, boat, recreational vehicle, camper, motorcycle, and other motorized vehicle sales, leasing, rental, and service, including mobile and manufactured home and modular building sales, and agricultural implement and equipment. This definition includes automotive services such as rental car facilities, top and body, paint, automotive glass, transmission, and tire repair shops, car washes, including automated and staffed facilities, and oil change and lubrication facilities.
Bay window: A window assembly whose maximum horizontal projection is not more than two feet from the vertical plane of an exterior wall and is elevated above the floor level of the home.
Bed and breakfast inn: A facility where overnight accommodations are provided to transients for compensation, with or without a morning meal, and where the operators of the facility live on the premises.
Berm: An earthen mound or embankment, usually two to six feet in height, designed to provide visual interest, screen views, reduce noise, or fulfill other such purposes.
Block: An area of land within a subdivision that is entirely surrounded by public streets, public lands, railroad rights-of-way, watercourses, or other well defined and fixed boundaries.
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Boarding house: A building, where for compensation, both lodging and meals are provided for not more than 10 persons, providing that a single-family dwelling shall not be deemed to be a boarding house by reason of a contribution to or expense sharing arrangement with the owner or tenant occupying the dwelling by a person related by blood or marriage.
Buffer: A natural or enhanced vegetated area usually intended to screen and separate incompatible uses.
Buildable area: The portion of a lot which is not located within any minimum required yard, landscape strip/area or buffer; that portion of a lot wherein a building or structure may be located.
Building, height of: The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck lines of a mansard roof; or to the mean height level between the eaves and ridge of a gable or hip roof. Grade is defined as the average elevation of the ground on all sides of a building.
Building, principal: A building in which is conducted the principal use of the lot on which said building is situated.
Building setback line: A line establishing the minimum allowable distance between the main or front wall of a principal building and the street right-of-way line or another building wall and a side or rear property line when measured perpendicularly thereto. Covered porches, whether enclosed or not, shall be considered as a part of the building and shall not project into any required yards. For purposes of this Ordinance, a building setback line and minimum required yard shall be considered the same.
Business service establishment: A facility engaged in support functions to establishments operating for a profit on a fee or contract basis, including, but not limited to: advertising agencies, photocopying, blueprinting and duplication services, mailing agencies, commercial art and graphic design, personnel supply services and employment agencies, computer and data processing services, detective, protective, and security system services, accounting, auditing, and bookkeeping services, publications and business consulting firms, food catering, interior decorating, and locksmiths.
Church: A building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services. Associated accessory uses include, but are not limited to: schools, meeting halls, indoor and outdoor recreational facilities, day care, counseling, homeless shelters, and kitchens.
Citation: A written notification from the Permit Office delivered to the landowner and/or developer advising the appropriate person(s) of a potential violation of provisions of this ordinance.
Clinic: An institution or professional office, other than a hospital or nursing home, where persons are counseled, examined, and/or treated by one or more persons providing any form of healing or medical health service. Persons providing these services may offer any combination of counseling, diagnostic, therapeutic or preventative treatment, instruction, or services, and which may include medical, physical, psychological, or mental services and facilities for primarily ambulatory persons. A clinic allows lodging and care in cases of medical necessity.
Club, nonprofit: A building or premises used for associations or organizations of an educational, fraternal, or social character, not operated or maintained for profit. Representative organizations include Elks, Veterans of Foreign Wars, and Lions. The term shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.
Commercial recreational facility, indoor: A use that takes place within an enclosed building that involves the provision of sports and leisure activities to the general public for a fee, including, but not limited to the following: assembly halls, auditoriums, meeting halls, art galleries and museums, billiard halls and pool rooms, amusement halls, video arcades, ice and roller skating rinks, fully-enclosed theaters, physical fitness centers and health clubs.
Commercial recreational facility, outdoor: A use of land and/or buildings that involves the provision of sports and leisure activities to the general public for a fee, including, but not limited to the following: stadiums, amphitheaters, circuses and carnivals, fairgrounds, drive-in theaters, golf driving ranges, miniature golf courses, batting cages, race tracks for animals or motor-driven vehicles, unenclosed firearms shooting ranges and turkey shoots, trout ponds, equestrian centers and horse and pony riding rinks, botanical and zoological gardens, recreational vehicle parks, ultra-light flight parks, and bungi jumping. A golf course and private club that is built as part of a single-family residential subdivision and that operates in a quasi-public manner is not considered to be an outdoor commercial recreational facility.
Compatibility: With regard to development, the characteristics of different land uses or activities that permit them to be located near each other in harmony and without conflict; with regard to buildings, harmony in appearance of architectural features in the same vicinity.
Comprehensive plan: Any plan adopted by the Washington Parish Planning Commission or portion of such plan or plans. This definition shall be construed liberally to include the major thoroughfare plan, master parks and recreation plan, or any other study, document, or written recommendation pertaining to subjects normally within the subject matter of a Comprehensive Plan as provided by the Louisiana Revised Statute 33:101 et seq. and having been formally adopted by the Washington Parish Council.
Conditional Uses: in Washington Parish and this ordinance refer to a use(s) of a property, buildings, or site not automatically permitted by right and that are generally considered a nuisance or a public health or safety hazard to residents or neighboring property owners, and that would not be appropriate in a particular area without restrictions approved by the Parish Governing Authority. However, such uses may be found compatible and approved if limited in area, size, distance from adjacent properties, height, noise factors, or through the use of other limiting factors approved by the parties involved.
Conditional permits: refer to the type of Building and/or Occupational Permit that is issued by the Parish Governing Authority to an applicant for a use of site and that states, by attachment, any special limitations placed upon the issuance of such permit.
Conservation areas, primary: Any property qualifying as conservation use property and any steep slopes, floodplains, wetlands, water bodies, upland buffers around wetlands and water bodies, critical wildlife habitat, and sites of historic, cultural, or archaeological significance, located outside of building envelopes and lots established for building purposes.
Conservation areas, secondary: Prime farmland, natural meadows, mature woodlands, farm fields, localized aquifer recharge areas, and lands containing scenic views and sites, located outside of building envelopes and lots established for building purposes.
Conservation easement: A legally enforceable agreement between a property owner and the holder of the easement, in a form acceptable to the Parish Attorney and recorded in the office of the Washington Parish Clerk of Court. A conservation easement restricts the existing and future use of the defined tract or lot to conservation use, agriculture, passive recreation, or other use approved by the Parish Council and prohibits further subdivision or development. Such agreement also provides for the maintenance of open spaces and any improvements on the tract or lot. Such agreement cannot be altered except with the express written permission of the easement holder and any other co-signers. A conservation easement may also establish other provisions and contain standards that safeguard the tract’s or lot's special resources from negative changes.
Conservation subdivision: A subdivision, as defined by this Ordinance, where open space is the central organizing element of the subdivision design and that identifies and permanently protects all primary and all or some of the secondary conservation areas within the boundaries of the subdivision.
Contiguous common parcels: Parcels adjoining or touching other land at a common point and having a common owner, regardless of whether or not portions of the parcels have separate tax lot numbers, or were purchased in different land lots, or were purchased at different times.
Contractor’s establishment: An establishment engaged in the provision of construction activities, including, but not limited to, plumbing, electrical work, building, grading, paving, roofing, carpentry, landscaping, and other such activities, including the storage of material and the overnight parking of commercial vehicles.
Cul-de-sac: A dead-end street of limited length having a primary function of serving adjoining land, and constructed with a turnaround at its end.
Cul-de-sac, temporary: A nonpermanent vehicular turn around located at the termination of a street or alley.
Curb cut: The providing of vehicular ingress and/or egress between property and an abutting public street.
Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavate. Also known as excavation.
Day care center: Any place operated by a person, society, agency, corporation, institution or group, and licensed or registered by the State of Louisiana as a group day care home or day care center, for fewer than 24 hours per day, wherein seven or more children under 18 years of age are received for a fee for group supervision and care.
Deceleration lane: An added roadway lane, of a specified distance and which may include a taper, as approved by the Parish Engineer, that permits vehicles to slow down and leave the main vehicle stream.
Dedication: The deliberate appropriation of land by an owner for any general and public use or purpose, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
Dedication plat: A plat that indicates property to be dedicated for public right-of-way or land for public use.
Density: The permitted number of dwelling units per gross acre of land to be developed.
Development: Any manmade change on improved or unimproved real estate, including but not limited to, buildings, structures, mining, dredging, filling, grading, paving, excavation, drilling, or permanent storage of materials or equipment.
Dormer: A window projecting from a roof.
Drainage structure: A device composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes.
Drive-through: A retail or service enterprise wherein service is provided or goods are sold to the customer within a motor vehicle and outside of a principal building.
Dry Cleaning Plant: An establishment that actually has the processing equipment and chemicals to do dry cleaning. It may or may not conduct retail operations.
Dry Cleaning Retail Establishment: An establishment which receives dry cleaning from and delivers dry cleaning to customers but does not actually process the dry cleaning on the premises.
Dwelling: A building, other than a mobile home, manufactured home, or house trailer, designed, arranged or used for permanent living and/or sleeping quarters.
Dwelling, single-family: A building designed or arranged to be occupied by only one family or household.
Dwelling, two-family (duplex): A building designed or arranged to be occupied by two families or households living independently of each other.
Dwelling, multi-family: A building designed for or occupied exclusively by three or more families or households with separate housekeeping facilities for each family.
Dwelling unit: A building, or portion thereof, designed, arranged and used for living quarters for one or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels or other structures designed for transient residence.
Easement: A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.
Eave: The projecting lower edges of a roof overhanging the wall of a building.
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Erosion: The process by which land surface is worn away by the action of wind, water, ice, or gravity.
Erosion and sedimentation control plan: A plan for the control of soil erosion and sedimentation resulting from a land disturbing activity.
Escrow account: A type of subdivision improvement guarantee where the subdivider deposits either cash, a note, a bond, or some other instrument readily convertible to cash for specific face value specified by the Parish Engineer to cover the costs of required improvements.
Family: An individual; or two or more persons related by blood, marriage, or guardianship, limited to the occupant, his or her spouse, and their parents and children; or a group of not more than five persons, excluding servants, who need not be related by blood, marriage, or guardianship, living together in a dwelling unit as a family or household.
Family day care home: A private residence in which a business is operated by any person who receives therein for pay, three to not more than six children under 18 years of age who are not residents in the same private residence for supervision and care for fewer than 24 hours per day. For purposes of this Ordinance , a family day care home may be operated as a home occupation, subject to the requirements of this Ordinance .
Fence: An enclosure or barrier, composed of wood, masonry, stone, wire, iron, or other materials or combination of materials used as a boundary, means of protection, privacy screening, or confinement, including brick or concrete walls but not including hedges, shrubs, trees, or other natural growth.
Fence, solid: A fence, including entrance and exit gates where access openings appear, through which no visual images can be seen.
Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground.
Final plat: The final drawing of a subdivision and, as applicable, dedication, prepared for filing for record with the Clerk of Court, Washington Parish, and containing all elements and requirements set forth in this Ordinance.
Finance, insurance, and real estate establishment: Such uses include, but are not limited to banks, savings and loan institutions and credit unions, security and commodity exchanges, insurance agents, brokers, and service, real estate brokers, agents, managers, and developers, trusts, and holding and investment companies.
Finished grade: The final elevation and contouring of the ground after cutting or filling and conforming to the proposed design.
Generalized wetlands map: A map of wetlands provided in the Parish’s comprehensive plan and/or: any U.S. Fish and Wildlife Service National Wetlands Inventory (NWI) map showing wetlands within the local jurisdiction.
Governing body: Washington Parish Council.
Grading: Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling, and shaping or any combination thereof and shall include the land in its cut or filled condition.
Grandfathered: It is recognized that at the time this ordinance is enacted that there will be land uses which do not conform to the new requirements. These land uses will be allowed to continue indefinitely unless the land use is changed, expanded or otherwise modified except as noted in the specific provisions of the ordinance. Any changes, expansions or modifications will be required to comply with the new regulations.
Guesthouse: A lodging unit for temporary guests in an accessory building. No such lodging unit shall contain independent cooking or kitchen facilities, and no guesthouse shall be rented or otherwise used as a separate dwelling.
Half street: A portion of the ultimate width of a road or street where the remaining portion of the road or street shall be provided at a future date.
Halfway House: A facility that provides transitional assistance for persons in recovery from substance abuse.
Health Service: Health care facilities as well as establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen and miscellaneous types of medical supplies and services; and offices of doctors, dentists and other medical practitioners.
Health spa: An establishment which for profit or gain provides as one of its primary purposes, services or facilities which are purported to assist patrons improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes establishments designated as “reducing salons,” “exercise gyms,” “health studios,” “health clubs,” and other terms of similar import. Not included within this definition are facilities operated by nonprofit organizations, facilities wholly owned and operated by a licensed physician at which such physician is engaged in the practice of medicine, or any establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility.
Home Occupation: an occupation carried on entirely within a residence by the occupants thereof, which activity is clearly incidental to the use of the residence as a dwelling and which does not change the residential character thereof, and is conducted in a manner as to not give any outward appearance of a business in the ordinary meaning of the term. This occupation does not infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes for which purpose the residential use district was created and primarily intended.
Home owners association: An organization formed for the maintenance and operation of the common areas of a development, where membership in the association is automatic with the purchase of a dwelling unit or lot within the development, with the ability to legally assess each owner of a dwelling unit or lot and which has authority to place a lien against all dwelling units and lots within the development.
Homeless Shelter: A building, where for no or nominal compensation, lodging and/or meals are provided for not more than eight (8) persons, providing that a single-family dwelling shall not be deemed to be a boarding house by reason of a contribution to or expense sharing arrangement with the owner or tenant occupying the dwelling by a person related by blood or marriage.
Impervious surface: A man-made structure or surface, which prevents the infiltration of storm water into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, or patios.
Institutional residential living and care facilities: An umbrella term that encompasses the following uses as specifically defined in this Ordinance : assisted living facility, intermediate care home, nursing home, and personal care home.
Intermediate care home: A facility which admits residents on medical referral; it maintains the services and facilities for institutional care and has a satisfactory agreement with a physician and dentist who will provide continuing supervision including emergencies; it complies with rules and regulations of the Louisiana Department of Health and Hospitals. The term "intermediate care" means the provision of food, including special diets when required, shelter, laundry and personal care services, such as help with dressing, getting in and out of bed, bathing, feeding, medications and similar assistance, such services being under appropriate licensed supervision. Intermediate care does not normally include providing care for bed patients except on an emergency or temporary basis.
Intrafamily land transfer: A subdivision that creates at least one additional lot but not more than four additional lots, where each and every lot within the subdivision is conveyed for love and affection to the children, spouse and children, surviving heirs, in-laws, or immediate relatives of the property owner, or some combination thereof; provided further, that no more than one lot in the subdivision shall be deeded to any one individual. This definition shall not include or authorize any land subdivision that involves or will involve the creation of lots for sale or otherwise involves a property transfer for money, tangible or intangible personal property, real property exchanges, or other conveyances for consideration.
Jurisdictional wetland: An area that meets the definitional requirements for wetlands as determined by the U.S. Army Corps of Engineers.
Jurisdictional wetland determination: A delineation of jurisdictional wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, 33 U.S.C.
§1344, as amended.
Kennel: Any facility used for the purpose of commercial boarding or sale of animals (excluding horses, swine, goats, and geese) or pets and any other customarily incidental treatment of the animals such as grooming, cleaning, selling of pet supplies, or otherwise.
Landfill, inert waste: A disposal facility accepting only wastes that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs, and leaves, and specifically excluding industrial and demolition waste.
Land-disturbing activity: Land disturbing activity shall mean any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure. Land-disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family dwelling, and the cutting of firewood for personal use.
Landscape/Landscaping: The act of enhancing the appearance of the land by altering its
contours and planting trees, shrubs, vines, flowers, turf, groundcover and other plant materials for aesthetic effect.
Letter of credit: A type of subdivision improvement guarantee whereby a subdivider secures an instrument from a bank or other institution or from a person with resources sufficient to cover the cost of improvements required by the Parish. The instrument pledges the creditor to pay the cost of improvements in case of default by the subdivider.
Loading space: Loading and unloading space is a space, typically with dimensions of twelve feet by sixty feet, logically and conveniently located for pickups and/or deliveries or for loading and/or unloading in such a way as it does not conflict with driveways or patron parking, scaled to the delivery vehicles to be used, and accessible to such vehicles.
Lodging service: A facility that offers temporary shelter accommodations, or place for such shelter, open to the public for a fee, including, but not limited to inns, hotels, motels, and motor hotels. Bed and breakfast inns are not considered to be lodging services.
Lot: A portion or parcel of land separated from other portions or parcels by description (such as on a subdivision plat of record or a survey map or plat) or described by metes and bounds, and intended for use, transfer of ownership, or for building development. The word "lot" shall not include any portion of a dedicated right-of-way.
Lot, corner: A lot abutting upon two or more streets at their intersection.
Lot, depth: The average horizontal distance between the front and rear lot lines.
Lot, double frontage: A lot other than a corner lot that has frontage upon two or more streets that do not intersect at a point abutting the property.
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Lot, flag: A tract or lot of land of uneven dimensions in which the portion fronting on a street is less than the required minimum width required for construction of a building or structure on that lot.
Lot, through: See “Lot, double frontage.”
Lot frontage: The width in linear feet of a lot where it abuts the right-of-way of any street.
Lot of record: A lot which is part of a subdivision approved in accordance with land subdivision requirements, a plat of which has been lawfully recorded in the records of the Clerk of Court of Washington Parish; or a parcel of land, the deed of which was lawfully recorded in the same office prior to June 1, 2006.
Lot width: The shortest distance between side lot lines measured at the regulatory/required front building line, or in the absence of a front building line regulation, the distance between side lot lines measured at the front line of the building located or intended to be located on the lot.
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Lot area, minimum: Minimum lot area means the smallest permitted total horizontal area within the lot lines of a lot, exclusive of street right-of-ways but inclusive of easements.
Lot coverage, maximum: The percentage of a given lot that may be occupied by all principal and accessory buildings and structures on said lot, measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings and structures on the lot.
Lot line, front: The front property line coincident with a street right-of-way line.
Manufactured home: A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, when erected on site, is 320 or more square feet in floor area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; or a structure that otherwise comes within the definition of a "manufactured home" under the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 U.S.C. 5401-5445).(Does not include additions built onto manufactured homes).
Manufactured home park: Any property on which three or more manufactured homes are located or intended to be located for purposes of residential occupancy.
Manufactured home space: An area within a manufactured home park, distinguished from a lot in a subdivision under fee-simple ownership, upon which a single manufactured home is or may be placed. If designed for seasonal or permanent occupancy, a manufactured home space may provide area and be used for storing the belongings of the occupant.
Manufacturing: Manufacturing means the converting of raw, unfinished materials or products, or any or either of them, into an article or articles or substance of a different character, or for use for a different character, or for use as a different purpose.
Mini-warehouse: A structure or group of structures containing separate spaces/stalls that are leased or rented on an individual basis for the storage of goods.
Mobile Home: A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, when erected on site, is 320 or more square feet in floor area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; and are “Manufactured Homes” constructed prior to the implementation of the 1974 standards.(does not include additions built onto mobile homes).
Modular Home: A factory built home or building, transported in one or more sections to the site and permanently affixed upon a slab or approved foundation. Such homes or buildings to be used for occupancy must meet the minimum standards adopted by the State of Louisiana (International Building Codes, electrical, plumbing, safety, mechanical, etc) rather than the HUD code used for Manufactured Housing. A full set of building plans must be approved by the Parish Building Office, just as with a site built home.
Natural conditions: The flora, fauna, soil and water conditions that would develop on a specific tract of land if all human interference were to be removed. The tract of land must have been undisturbed for a sufficient period of time for natural processes to dominate the tract. This period of time will vary among environments.
Nonconforming building or structure: A building or structure that does not meet one or more setbacks for the land use intensity district in which said building or structure is located; a building or structure that exceeds the maximum lot coverage for the land use intensity district in which said building or structure is located; or, a principal building or accessory structure that otherwise does not comply with dimensional requirements established by this Ordinance for the particular principal building or accessory structure, or for the use district in which the nonconforming building or structure is located.
Nonconforming lot: A lot which does not conform to the lot requirements of the land use intensity district in which the lot is located as established by this Ordinance, but which was a lot of record prior to the effective date of this ordinance or its amendment.
Nonconforming use: Any building or use of land or building lawfully existing on or before the effective date of this Ordinance or as a result of subsequent amendments to this ordinance, which does not conform with the use provisions of the use district in which it is located.
Nursing home: A facility that admits patients on medical referral only and for whom arrangements have been made for continuous medical supervision; maintains the services and facilities for skilled nursing care, rehabilitative nursing care, and has a satisfactory agreement with a physician and dentist who will be available for any medical and/or dental emergency and who will also be responsible for the general medical and dental supervision of the home; and, complies with rules and regulations of the Louisiana Department of Health and Hospitals.
Off-site: Beyond the boundaries of the property in question.
Office: A building, or portion thereof, wherein predominantly administrative, professional,or clerical operations are performed, and does not involve retail sales.
On-site: Within the boundaries of the property in question.
Open-air business: Any commercial establishment with the principal use of displaying products primarily in an area exposed to open air on three or more sides; including, but not limited to nurseries and garden supply stores, lumber and building materials yards, flea markets, statuaries and monument sales establishments, Christmas tree lots and firewood sales lots, tractor/heavy equipment sales and automobile sales lots. A produce stand is not considered to be an open-air business.
Open space, public: An area within a development or subdivision designed and intended for the use and enjoyment of all residents or for the use and enjoyment of the public in general.
Open Storage Yard: An outdoor area primarily used for the storage or staging of heavy equipment, piping, structural members or machinery.
Original tract: A unit of land which the owner holds under single or unified ownership, or which the owner holds controlling interest on the effective date of this Ordinance, where all land abutting said tract is separately owned by others, not related to or associated by business partnership with the owner.
Package treatment plant: A sewage treatment facility, usually privately operated, typically having a treatment capacity of less than one million gallons per day. In most cases, a package treatment plant is considered a temporary means of wastewater treatment until connection to a public sanitary sewerage system is available.
Parking space: An area having dimensions of not less than 300 square feet, including driveway and maneuvering area, to be used as a temporary storage space for a private motor vehicle.
Personal care home: Any dwelling operated for profit or not that through its ownership or management undertakes to provide, or arrange for the provision of, housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. Personal care tasks include assistance with bathing, toileting, grooming, and shaving, dental care, dressing, and eating.
Pedestrian way: A public right-of-way or private easement across a block or within a block to provide access for pedestrians and which may, in addition to providing pedestrian access, be used for the installation of utility lines.
Performance bond: A type of subdivision improvement guarantee in the form of a bond, secured by the subdivider from a bonding company, in an amount specified by the Parish Engineer to cover the costs of required improvements, and payable to the Parish. The Parish may call in the performance bond in the event the subdivider defaults on required improvements.
Person: A natural human being, estate, association, firm, partnership, corporation, or other legal entity.
Personal service establishment: A facility engaged in the provision of services to persons and their apparel, including, but not limited to barber and beauty shops, coin-operated and full service laundries and dry cleaners, photographic studios, shoe repair and shoeshine shops, dance studios, schools and halls, and travel agencies.
Planned unit development: A form of development usually characterized by a unified site design for a number of housing units, clustered buildings, common open space, and a mix of building types and land uses in a slightly more dense setting than allowable on separate zoned lots.
Preliminary plat: A tentative drawing or map of a proposed subdivision. A preliminary plat is the basis for the approval or disapproval of the general layout of a land subdivision.
Professional engineer: An engineer duly registered or otherwise authorized by the State of Louisiana to practice in the field of civil engineering.
Professional surveyor: A surveyor duly registered or otherwise authorized by the State of Louisiana to practice in the field of land surveying.
Protective covenants: Contracts made between private parties as to the manner in which land may be used, with the view toward protecting and preserving the physical and economic integrity of any given area.
Public use: Any building, structure, or use owned and/or operated by the Federal government, State of Louisiana, Parish, City, or any authority, agency, board, or commission of the above governments, that is necessary to serve a public purpose, such as but not limited to the following: government administrative buildings, post offices, police and fire stations, libraries and publicly operated museums, public health facilities and public hospitals, public works camps, parks and community centers, public roads and streets, airports, water and sanitary sewerage intake, collection, pumping, treatment, and storage facilities, emergency medical facilities, and jails and correctional facilities.
Recreation, active: Leisure activities that are facility oriented, such as swimming pools, tennis courts, and ball fields.
Recreation, passive: Leisure activities that are natural resource oriented, such as hiking trails, conservation areas, and nature preserves.
Recreational vehicle: A vehicular-type, portable structure without a permanent foundation that can be towed, hauled, or driven and is primarily designed as a temporary living accommodation for recreational, camping, and travel use which includes, but is not limited to, travel trailers, truck campers, camping trailers, and self propelled motor homes.
Recycling center, processing: Any facility utilized for the purpose of collecting, sorting and processing materials to be recycled, including, but not limited to, plastics, glass, paper, and aluminum materials.
Regulated activity: In the context of wetland regulations of this Ordinance, only, any activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material into waters of the U.S. excepting those activities exempted in Section 404 of the Federal Clean Water Act.
Rehabilitation Facility: An inpatient facility that is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of medical services and other services that are provided under competent professional supervision.
Research laboratory: A facility for scientific laboratory research in technology-intensive fields, including, but not limited to biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transfer, and radiation research facilities, computer software, information systems, communication systems, transportation, geographic information systems, and multi-media and video technology. Also included in this definition are facilities devoted to the analysis of natural resources, medical resources, and manufactured materials including: environmental laboratories for the analysis of air, water, and soil; medical or veterinary laboratories for the analysis of blood, tissue, or other human medical or animal products; and, forensic laboratories for analysis of evidence in support of law enforcement agencies.
Reservation: A method of holding land for future public use by showing proposed public areas on a subdivision plat.
Reserve strip: A strip of land across the end of, or along the edge of, a street, alley, or lot for the purpose of controlling access which is reserved or held until future street extension or widening.
Retail trade establishment, enclosed: Any business offering goods and products for sale to the public, which may include the incidental repair of such goods and products, that operates entirely within a structure containing a roof and walls on all sides, except for outdoor display or other use during business hours and accessory storage in enclosed, subordinate buildings. These include, but are not limited to the following: convenience stores including the sale of gasoline; hardware, paint, glass and wallpaper stores; grocery and miscellaneous food stores including retail bakeries; apparel, shoe, and accessory clothing stores; furniture, upholstery, floor covering, household appliance and home furnishing stores; musical instrument stores; radio, television, and computer stores; record, tape, and compact disc stores; eating and drinking places not involving drive-in or drive-through facilities; drug stores, apothecaries and proprietary stores; liquor stores and bottle shops; used merchandise stores and pawn shops; sporting goods stores and bicycle shops; art and stationery stores; hobby, toy, and game shops; jewelry, gift, novelty, souvenir and antique shops; camera and photographic supply stores; luggage and leather goods stores; sewing, needlework, and piece goods stores; catalogue and mail order stores; news stands, florists, tobacco shops; automotive parts stores not involving repair; video rental and sales stores; and, watch and clock sales and repair shops.
Right-of-way: A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, sanitary storm sewer, or other similar use; Generally, the right of one to pass over the property of another.
River bank: The rising ground, bordering a river, which serves to confine the water to the natural channel during the normal course of flow. Riverbanks are usually marked by a break in slope. For the purposes of this ordinance the riverbank designation will apply to both the low and high banks.
River corridor: All the land, inclusive of islands, in areas of a protected river and being
within 100 feet horizontally on both sides of a protected river as measured from the high river banks. Because stream channels move due to natural processes such as meandering, river bank erosion, and jumping of channels, the river corridor may shift with time.
Roadside stand: A use offering either farm-grown prepared food products such as fruits, vegetables, canned foods, or similar agricultural products for sale on the premises or within a temporary structure on the premises with no space for customers within the structure itself.
Scenic views and sites: Those geographic areas containing visually significant or unique natural features, as identified in the Comprehensive Plan, or by other reasonable means.
Screening: A method of visually shielding or obscuring one abutting or nearby building, structure, or use from another by fencing, walls, berms, densely planted vegetation, or some combination thereof.
Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion.
Sedimentation: The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity.
Semi-public use: Any building, structure, or use owned and/or operated by private utilities or private companies for a public purpose, or that is reasonably necessary for the furnishing of adequate service by such utilities, such as, but not limited to the following: underground and overhead gas, electric, steam, or water distribution or transmission lines or systems, including incidental wires, cables, and poles, but not towers.
Sensitive natural areas: Any area, as identified now or hereafter by the Department of Natural Resources, which contains one or more of the following:
a) Habitat, including nesting sites, occupied by rare or endangered species;
b) Rare or exemplary natural communities;
c) Significant landforms, hydroforms, or geological features; and/or
d) Other areas so designated by the Louisiana Department of Natural Resources that are sensitive or vulnerable to physical or biological alteration.
Septic tank: An approved watertight tank designed or used to receive sewage from a building sewer and to affect separation and organic decomposition of sewerage solids, and discharging sewage effluent to an absorption field or other management system.
Shade tree: A tree in a public place, street right-of-way, or special easement, planted to provide canopy that will obscure the sun and heat from the ground.
Sidewalk: A hard-surfaced pedestrian access area adjacent to or within the right-of-way of a road.
Site plan: A drawing at an engineering scale of a residential, institutional, office, commercial, or industrial development, showing the general layout of a proposed development including among other features the location of buildings, parking areas, and buffers and landscaping. The site plan is the basis for the approval or disapproval of the general layout of a development in the case of a residential, institutional, office, commercial, or industrial development. Such plan must be turned in with new construction plans or plans for additions to buildings.
Stabilization: An activity that secures soil cover or vegetation by installing temporary or permanent structures to reduce or minimize the erosion process and the resulting transport of sediment by wind, water, ice or gravity.
Street: Any vehicular way, other than an alley, that:
a) is an existing federal, state, parish or municipal roadway;
b) is constructed as shown upon a plat approved pursuant to law and is open to vehicle travel;
c) is constructed and open to vehicle travel as approved by other official action of the Parish Council; or
d) is constructed and open to vehicle travel and shown on a plat duly filed and recorded in the Clerk's Office, Washington Parish Court prior to the effective date of this Ordinance. Land between the street lines, whether improved or unimproved, shall be considered part of the street.
Street, private: A road or street that has not been accepted for maintenance by the Parish and that is not owned and maintained by a state, parish, city, or another public entity.
Street, Major: A road or street designated as a State or Parish Highway. A paved road/street more than five miles in length intersecting a State/Parish Highway or roads/streets designated as Major by the Planning Commission.
Streets, Minor: Paved or unpaved roads and streets that do not meet the requirements to be designated a Major Street.
Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.
Structural erosion and sedimentation control practices: Practices for the stabilization of erodible or sediment producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface or the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps, and land grading, etc.
Subdivider: Any person, as defined by this Ordinance, who undertakes the subdivision of land, and any person having such a proprietary interest in land to be subdivided as will authorize the maintenance of proceedings to subdivide such land under this Ordinance, or the authorized agent of such person, but is not associated with or performing intrafamily land transfer situations.
Subdivision: A division of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development, whether immediate or future, including all division of land involving the dedication of a new street or a change in existing streets. The word “subdivision” includes re-subdivision and, when appropriate to the context, relates either to the process of subdividing or to the actual land or area which is subdivided.
Subdivision, minor: In order to be classified as a minor subdivision, all of the following must be characteristic of the subdivision a)there are no public roads, water, lighting, drainageways/ditches, sewerage systems or public improvements to be dedicated; b) lots created are all over 1 acres in size; c) there are no variances being requested; d) no public road signs will be needed or requested; e) any private roads will be included as a part of a private lot, whether in whole or in part; f) private roads shall be privately maintained and if requested for public dedication or maintenance, must first be brought up to minimum Parish standards by all the private parties requesting dedication or maintenance; g) Declaration on deed or survey who is responsible for maintenance of private roads. This Parish standard shall include right of way width, drainage, approved road base and surfacing and other factors outlined in Section 4-2 below.
Subdivision, major: The division of a tract of land into parcels or lots which may involve the construction of a new public or private road, water or sewer improvements, or other improvements designed for use, sale, or lease to the public. Such subdivisions must follow the multiple step process of submitting preliminary and then final plans for review by the Parish Planning Commission and then final plans approved by the Parish Council. Mobile home or RV subdivisions will be included in the major subdivision category.
Townhouse: One of a group of three or more attached dwelling units under fee-simple ownership.
Transitional Facility: A facility used to house ex-convicts after their release that assists in providing transitional support and guidance to inmates re-entering society.
Truck Terminal: A facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck.
Utility: Public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel or gas pipelines, telephone lines, roads, cable telephone line, fiber optic cable, driveways, bridges, river/lake access facilities, storm water systems and drainage ways, and railroads or other utilities identified by the Parish. As appropriate to the context, the term “utility” may also include all persons, companies, or governmental agencies supplying the same.
Variance: A grant of relief from the strict requirements of this Ordinance which permits construction in a manner that would otherwise be prohibited by this Ordinance; a minimal relaxation or modification of the strict terms of this Ordinance as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, compliance would result in practical difficulty; or a grant of relief from the strict requirements of this Ordinance due to a proposed project not being able to meet policies and objectives specifically identified in the Comprehensive Plan.
Vegetative erosion and sedimentation control measures: Measures for the stabilization of erodible or sediment-producing areas by covering the soil with permanent seeding, sprigging, or planting, producing long term vegetative cover; temporary seeding, producing short term vegetative cover; or sodding, covering areas with a turf or perennial sod farming grass.
Warehouse: Storage of materials, equipment, or products within a building for manufacturing use or for distribution to wholesalers or retailers.
Wetlands: Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation.
Women’s Shelter: A facility that provides transitional assistance to women who have suffered abuse.
Wholesale trade establishment: An establishment engaged in the selling or distribution of merchandise to retailers; industrial, commercial, institutional or professional business users; or other wholesalers.
Yard, front: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot.
Yard, side: An open, unoccupied space on the same lot with the principal building, situated between the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.
Yard, rear: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.
Zero lot line: The location of a building on a lot in such a manner that one or more building sides have no (zero) side or rear building setback (or yard requirements) and rests directly on a side or rear lot line. A zero lot line development is one where houses in the development on a common street frontage are shifted to one side of their lot.
ARTICLE 3
MANUFACTURED HOUSING AND MOBILE HOME/RV PARKS
§3-1 MANUFACTURED HOME COMPATIBILITY STANDARDS
§3-2 MANUFACTURED HOME PARKS
§3-3 RECREATIONAL VEHICLE PARKS
§3-1 MANUFACTURED HOME COMPATIBILITY STANDARDS
§3-1-1 Purpose. This Section is intended to ensure that manufactured homes are installed on a site according to applicable local, federal, state and manufacturer’s requirements. This Section is also intended to ensure that mobile home and RV parks are developed in accordance to minimum parish standards. The Compatibility Standards below are subject to all Mobile Homes and Manufactured Homes except the foundation requirements. Mobile Home Parks are required to provide, at a minimum, a 4” clay pad with a 2” pea gravel cap of sufficient size for the locating and anchoring of manufactured homes according to LMHC requirements. (Note: individual manufactured homes are required to follow the foundation guidelines listed below in the Compatibility Standards.)
§3-1-2 Building permit Required. No manufactured home shall be installed on any site, nor shall any such manufactured home be occupied or used for any purpose until and unless a Permit Office issues a building permit and the home is anchored according to local and state regulations. The Permit Office shall not issue a building permit for installing, occupying, or using a manufactured home unless it is in conformity with all the provisions of this Section.
§3-1-3 Basic Installation Requirements.
a) Hauling Mechanisms Removed. The tongue and hitch should be removed and stored under the home (if desired) unless the apparatus is welded to the home frame. It is optional that tires be removed after the home is installed. All hauling contractors must be licensed through the proper agency of the State of Louisiana.
b) Installation Regulations. The manufactured home or building including foundation shall be installed in accordance with the installation instructions from the manufacturer, state (LA51; Chapter 2 XIVB code) and federal requirements, as appropriate. If no manufacture installation manual is available the manufactured home will be installed according to the state minimum installation manual. A state installation permit must be purchased and attached to the manufactured home before the home is occupied as required by the state law of Louisiana. Manufactured homes must meet the current wind zone 2 requirements for Washington Parish and have a current red metal HUD label attached to the tail end of the unit that is clearly legible to the inspectors from the Parish.
c) Approved Septic System. Each manufactured home shall be connected to a public sanitary sewer system, community sewerage system, or on-site septic system with capacity available as approved by the Parish health officer and the Parish Building office must approve proper water and sewerage connection service before the mobile home/manufactured home is occupied.
§3-1-4 Type I Compatibility Standards.
a) Applicability. This subsection shall apply in all areas within the Parish.
b) Foundation. Foundations have to comply with state minimum standards LMHC (LA Manufacturing Housing Commission) Revised Statue Title 51 or the Parish standard (which is a step above state minimum standards) is a 4” clay pad with a 2” pea gravel cap or concrete slab for mobile home/manufactured home installation.
c) Skirting. The optional method of installation is that the entire perimeter area between the bottom of the structure and the ground of each manufactured home should be skirted or underpinned with brick, masonry, finished concrete or siding (of like or similar character to the manufactured home) that completely encloses the perimeter of the undercarriage except for proper ventilation and access openings.
d) Exterior Finish. The exterior siding of the manufactured home should consist of wood, hardboard, vinyl, galvalume, metal or other material approved by HUD.
e) Roof Pitch and Materials. It is optional that the manufactured home have a pitched roof with a slope of at least two feet in height for each 12 feet in width. Roof materials shall be wood shake, tile, asphalt shingle, coated metal, or similar material.
f) Manufactured Home Age: No type 1 home manufactured prior to 1988 shall be brought into/entered into the parish. Grandfathered manufactured homes already located in the Parish that comply with the 1976 HUD manufactured home specifications may be moved within the parish while still following installation and moving guidelines specified by the LMHC (LA Manufactured Housing Commission) Revised Statue 51 and by the above sections.
§3-1-5 Type 2 & 3 Compatibility Standards.
a) Applicability. This subsection shall apply to all manufactured homes sited on lots located within 210 feet of the property line where there are one or more existing site-built single family residences without approval of the adjacent property owner(s).
b) Foundation. Foundations have to comply with the Parish standard a 4” clay pad with a 2” pea gravel cap or concrete slab for mobile home/manufactured home installation or a concrete slab is acceptable
c) Masonry or Skirting. The entire perimeter area between the bottom of the structure of each manufactured home and the ground (skirting), including stairways, shall be of vinyl, masonry or material manufactured for the purpose of skirting for manufactured homes and installed in such a manner as to be attractive by matching the home and providing proper ventilation.
d) Exterior Finish. The exterior siding of the manufactured home shall consist of wood, hardboard siding material, metal, galvalume, vinyl siding or additional materials approved by HUD.
e) Manufactured Home Age: No Type 2 or Type 3 homes manufactured prior to 1988 shall be brought into/entered into the Parish. Grandfathered manufactured homes that comply with the 1976 HUD manufactured home specifications may be moved within the parish while still following installation and moving guidelines specified by the LMHC (LA manufactured Housing Commission) Revised Statue 51 and by the above sections.
f) Porch or Deck. A porch (no roof required), deck, or entry area at least 6 feet by 6 feet must exist for front entrance and to the manufactured home prior to occupancy.
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§3-2 MANUFACTURED HOME PARKS
§6-13-1 Purpose. This Section regulates manufactured home parks, which provide for affordable permanent and temporary housing or seasonal recreational developments. Manufactured home parks are intended to provide for the leasing of spaces for the placement of manufactured homes, owned or rented by tenants. A manufactured home park is different from a residential subdivision in that the individual spaces for manufactured homes are leased rather than platted and sold. By requiring less land per home or vehicle space, manufactured home parks are built at densities greater than those for other detached dwellings. Service facilities such as laundry and leasing office are often planned and provided as a part of the park development.
§3-2-2 Site Plan Review and Permit Required. No manufactured home park shall be developed until and unless a site plan shall have been approved by the Parish permit office. The Permit Office shall not issue permit for a manufactured home park unless it is in conformity with all the provisions of this Section. No manufactured home park shall be developed until approval has been secured from the state health sanitarian and/or parish utility system for the method of sewage treatment and disposal and appropriate public water supply.
§3-2-3 Site Conditions and Site Planning.
a) Site Conditions. Manufactured home parks shall be sited on land that is not subject to hazards such as flooding, erosion, land subsidence, and areas with possible insect or rodent infestation. The condition of the soil, ground water level, drainage, rock formations, and topography shall be appropriate for the use to ensure that no hazards to the property or to the health and safety of the occupants occurs.
b) Site Planning. Planning for the manufacturing home park should be adapted to individual site conditions and the type of use or uses served, reflect advances in site planning techniques, and be adapted to the trends in the design of the manufactured home or recreational vehicle itself. Site planning and improvements shall: provide for facilities and amenities appropriate to the needs of the occupants; safe, comfortable, and sanitary use by the occupants under all weather conditions; and practical and efficient operation and maintenance of all facilities at reasonable costs. The street and block pattern for the park shall be designed to attain proper sizes and shapes of manufactured home spaces so as to provide desirable areas and to reduce excessive length of street construction without impairing convenient circulation and access.
§3-2-4 General Development Requirements. Manufactured home parks shall meet the following requirements:
a) Required Area, Access, and Minimum Width. Properties containing manufactured home parks shall be a minimum of five (5) acres but not more than twenty five (25) acres and have a minimum of 200 feet of property frontage on a public street or privately maintained road. Maximum density shall not exceed six (6) home sites per acre.
b) Perimeter Buffer, Site Frontage, or Landscape Screen. A minimum 50 foot wide landscape buffer shall be provided on roadside frontage. The remaining sides will consist of a fifty foot natural vegetation buffer, except for approved access and utility crossings.
c) Open Space and Recreational Areas. A minimum of 20 percent of the site area is preferred as open space and recreational area. This area shall be maintained in a clean and sanitary condition at all times by the lot lessee, park owner or custodian.
d) Community Services. As part of the site plan review process, the developer may propose and the permit office may approve one or more other structures for manufactured home park occupants, such as laundries, storage, garages, and a park leasing or management office. Any structure that draws its trade from outside the park boundaries is prohibited.
e) Interior Access Roads, Addresses, and Signing. The road system within the manufactured home park shall be designed to meet the requirements of the Parish Engineer and the traveling public to include the following:
1. All interior roads shall be private but constructed to provide fire apparatus access.
2. One-way interior roads shall be constructed with a minimum surface width of 18 feet, and shall be designated "no parking."
3. Two-way interior roads shall be constructed with a minimum surface width of 24 feet, and shall be designated "no parking."
4. Interior roads shall be clearly marked at each intersection with signs to identify traffic directions and space numbers served by the road.
5. Driveways shall be provided on the site where necessary for convenient access to service entrances of buildings, to delivery and collection points for refuse and other material, and elsewhere as needed.
6. Internal streets shall be continuous and connected with other internal streets or with public streets, or shall be provided with a cul-de-sac having a diameter of eighty (80) feet. No internal street ending in a cul-de-sac, except for the main access to the manufactured home park, shall exceed four hundred (400) feet in length. Where only one drive is to be provided, each manufactured home park shall include an adequate circular turnaround at the rear of the property with a minimum surface radius of thirty (30) feet. The manufactured home park shall have direct access to a street having a dedicated public right-of-way.
7. Each manufactured home lot within a manufactured home park shall have direct access to a park street or public street
f) Guest Parking. In addition to on-site parking, guest parking spaces shall be provided as part of the development, at a ratio of one parking space per each six manufactured home spaces. Guest parking spaces shall be grouped and distributed evenly throughout the manufactured home park. Parking spaces are required to be composed of a minimum of four inch (4) compacted sub-base of clay, sand and gravel or limestone rock with a two inch (2) surface course of concrete, asphalt, gravel, shell or limestone rock.
g) Utilities. All utilities are preferred installed underground with above ground connections, unless the cost of the project is cost prohibitive.
h) Drainage. Drainage facilities shall be subject to the approval of the Parish Engineer and Health Department of the State of Louisiana
i) Refuse Collection. Each manufactured home park shall provide refuse collection pads at locations convenient to each manufactured home space. There shall be one garbage hopper provided for each ten (10) manufactured home sites unless individual garbage collection and contract garbage pickup service is provided. The minimum size of the hoppers shall be four (4) cubic yards. Garbage dumpsters and sewer treatment plants shall be located so as to cause the minimum amount of interference with adjacent property owners.
j) Park Rules. The property owner or manager shall submit operating rules and regulations governing the park to the permit office prior to occupancy. Rules will be subject to approval by the permit office.
k) Lighting and Materials. As a general guide the developer shall use standards that are constructed of treated wood or break-away aluminum; these standards shall allow luminaries to be mounted at a height of twenty-five (25) feet above the finished roadway. The developer shall use one hundred seventy-five-watt luminaries and these shall be mounted at a height of twenty-five (25) feet above the finished roadway. These standards and luminaries shall be placed approximately two hundred (200) feet apart so as to give adequate night lighting. These materials are considered to be minimum requirements expected to be met by the developer.
§3-2-5 Requirements for Manufactured Home Spaces.
a) Design Each manufactured home space shall be designed and constructed at such elevation, distance, and angle with respect to its access to provide for safe and efficient placement and removal of manufactured homes , as the case may be. Each manufactured home space shall be designed with no more than a five- percent gradient and compacted with appropriate material to support maximum anticipated loads during all seasons.
b) Width, Depth, Size of Spaces and Markings. Each manufactured home space shall be at least 50 feet wide and 100 feet in depth for a single-wide manufactured home and 70 feet wide and 100 feet in depth for a double-wide manufactured home. The corners of each manufactured home space shall be clearly marked on the ground by permanent flush stakes, markers, or by other similar means.
c) Stands or pads.. Manufactured home spaces shall be provided with a 4” clay pad with a 2” pea gravel cap as a minimum or a concrete pad is preferred of sufficient size to accommodate the typical manufactured home to be located within that space and also provide for the anchoring of the home to secure it against movement according to LMHC requirements.
§3-2-6 Maintenance Requirements.
a) The manufactured home park shall be maintained in a clean and sanitary condition at all times.
b) The storage of automobiles is prohibited.
c) Trash dumpsters shall be screened by a six (6) foot sight obscuring fence.
d) Grass, weeds, and other vegetation not considered as part of the ornamental landscape shall not exceed twelve (12) inches in height.
e) No pets shall be allowed to roam the manufactured home park; if pets are allowed they shall be confined in a fenced yard or on a leash.
§3-2-7 Use of Spaces. .
(a) No more than one manufactured home shall occupy any individual space. Use of a mobile home (manufactured before1976) shall not be permitted in the manufactured home park. Recreational vehicles are not allowed in manufactured home parks. Accessory uses and structures on individual spaces may be permitted, subject to compliance with the development standards provided in this Section.
(b) A manufactured home park may provide parking for recreational vehicles in an
area adjacent to the manufactured home park. This area will be restricted to recreational vehicles. The area will be no larger than twenty (20) percent of the size of the area dedicated to the manufactured home park.
(c) The area dedicated to the parking of recreational vehicles will be limited to ten
(10) Spaces per acre.
(d) These spaces for recreational vehicles will be limited to use by persons that are
providing support for projects that lend to the development of Washington Parish
And will be required to relocate once the project is complete.
(e) The area provided for recreational vehicles will be required to meet the same
standard as those required of the manufactured home park.
(f) Offsite parking for vehicles may be provided. This area must be buffered from
the manufactured home park. If adjacent to the manufactured home park a fifteen foot buffer of natural vegetation or a six foot wooden fence must be provided. No abandoned vehicles are permitted in this area. This area will be limited to one (1) acre in size. It must be maintained in the same manner as required of the manufactured home park.
§3-2-8 Space Identification Numbers. Manufactured home space numbers at least four inches in height shall identify each space and shall remain readily identifiable while in use.
§3-2-9 Parking. Two off-street automobile parking spaces shall be required for each manufactured home space. The minimum dimension of these spaces shall be nine (9) feet wide by twenty (20) feet deep and in no event shall parking be located over one hundred (100) feet from the corresponding manufactured home stand. Parking spaces are required to be composed of a minimum of a four inch (4) compacted sub-base of clay, sand and gravel, or limestone rock with a two inch (2) surface course of concrete or asphalt paving, gravel, shell or limestone rock.
§3-2-10 Walkways. Each manufactured home park shall provide for reasonable and safe pedestrian access to and among each manufactured home space and all common facilities.
§3-2-11 Setbacks. No manufactured home shall be located closer than ten (10) feet to a manufactured home space boundary, and spaces shall be designed to provide for a minimum of twenty (20) feet of separation between manufactured homes on abutting spaces.
§3-2-12 Additions and Accessory Structures. Decks, porches, outdoor storage, or other exterior additions may be constructed or erected on a manufactured home space, subject to the approval of the manufactured home park management and in accordance with State and local building codes. No such accessory structure shall be located closer than five feet to a manufactured home space boundary.
§3-2-13 Maximum Density. The total number of spaces and total number of manufactured homes within the manufactured home park shall not exceed six (6) homes per acre.
§3-2-14 Manufactured Home Age. No manufactured home constructed after 1976 and already located within Washington Parish shall be moved into a manufactured home park within the Parish. Manufactured homes being moved into Washington Parish for the first time may not be prior to 1988 in age.
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§3-2-15 Responsibilities of Owner.
a) The owner of the manufactured home park or his designee shall be responsible for the supervision, operation and maintenance of the park.
b) The owner or his designee shall be available or on call at all times in the event of an emergency.
c) The owner shall be responsible for insuring that each manufactured home within the manufactured home park complies with the provisions of these regulations.
d) The owner will be responsible to maintain the posting of park rules in a common area and to provide a copy of the park rules to each tenant.
e) The owner will ensure that the manufactured home park follows the park regulations and procedures as specified within these regulations.
§3-2-16 Nonconforming(Grandfathered) Manufactured Home Parks. Expansion of nonconforming(Grandfathered) manufactured home parks must meet the requirements of this Section for the new or expanded part of the park.
§3-3 RECREATIONAL VEHICLE PARKS
§3-3--1 Purpose. The purpose of these requirements is to provide for, on a temporary basis, recreational vehicle campers for recreation, camping or travel and accessory uses supporting such activities. A recreational vehicle shall be construed within this Section as any vehicle or temporary dwelling mobile unit, whether motorized or not, used for occupancy during its stay in the park. The intent of these requirements is to also provide an assured compatibility with surrounding land uses, and to avoid health and safety hazards. Temporary will have the meaning of one month or less.
§3-3-2 Locational Standards. RV parks are permitted after application and approval in accordance with this Ordinance. RV parks shall not be located adjacent to developed or developing residential areas in such a way that the traffic or noise generated by campgrounds would interfere with the surrounding neighborhoods. The design of campground ingress/egress points and the internal road circulation system shall be regulated so as to be compatible with the surrounding road system as well as safe and convenient for vehicular traffic and emergency traffic at all times. The location of RV Campgrounds shall be located in areas where fragile environmental areas such as wetlands and wildlife domains will not be adversely affected. Campgrounds shall not be located near hazardous areas where rapid flooding or ground subsidence occur.
§3-3-3 Permitted Uses. The following uses are permitted in a Recreational Vehicle Park: with proper parish building permits.
a) Recreational vehicles
b) Offices (for the conducting of campground business)
c) Boathouses
d) Public Restrooms and Shower Facilities
e) Laundry Room (to serve only those utilizing the Campground facilities)
f) Convenience (Camp) store no larger than 1,500 square feet and providing a limited
range of groceries, toiletries, souvenirs, and recreational equipment.
g) Recreational facilities such as but not limited to swimming pools, tennis courts, golf courses, trails and bike paths and tents for camping purposes.
§3-3-4 Prohibited Uses. The following uses are prohibited in a Recreational Vehicle Park: The occupancy of a Recreational Vehicle for a period exceeding three months in any twelve month period shall be deemed permanent occupancy and is prohibited; and any uses which are not specifically, provisionally or by reasonable implication permitted herein.
§3-3-4 (a) Recreational Vehicles being used by transient workers that are providing support for projects that lend to the development of Washington Parish may occupy spaces in a RV park during the project. They will be required to relocate once the project is complete.
§3-3-4 (b) Off site parking of vehicles may be provided. This area will not exceed one (1) acre and will have a ten (ten) foot buffer of natural vegetation between the park and site. This area will be maintained in the same manner as required of the RV park.
§3-3-5 Area Requirements.
a) Each campsite and incidental site shall be at least 1200 square feet in size with minimum dimensions of 30 feet x 40 feet.
b) No campsite or structure shall be located closer than one hundred fifty (150) feet from any adjacent residences outside the park.
c) All structures or RVs shall set back a distance of at least 15 feet from any roadway or front campsite line.
d) All structures or RVs shall not be closer than 10 feet from one another.
e) RVs shall not be closer than five (5) feet to a side campsite line.
f) All structures shall not be closer than ten (10) feet to the rear campsite line or 20 percent of the depth of the site, whichever is the less restrictive.
§3-3-6 Parking. Each campsite shall have at least one 10' X 20' off-street parking area. Parking will not be allowed on the roadway.
§3-3-7 Miscellaneous Development Standards and Requirements.
a) Surfacing and Vegetative Covering. Exposed ground surface in all parts of the recreational vehicle park shall be paved, or covered with stone screenings, or other solid materials, or protected with a vegetative growth that is capable of preventing soil erosion and objectionable dust.
b) Drainage. Surface drainage for the entire park shall be submitted and reviewed by the Parish Engineer which shall determine if the plan is compatible with the existing drainage pattern of the area.
c) Park Size and Density. Each RV Park shall be at least five (5) acres and no greater than twenty-five (25) acres in size with a density no greater than twenty (20) campsites per acre.
d) Park Rules. The property owner or manager shall submit operating rules and regulations governing the Park to the permit office for approval prior to occupancy. Park Rules will be conspicuously posted in common areas.
e) Use of Spaces. No more than one recreational vehicle shall occupy any individual space. Use of a mobile home or manufactured home shall not be permitted in the recreational vehicle park or campgrounds.
f) Space identification numbers. Recreational vehicle or campground space numbers at least four inches in height shall identify each space and shall remain readily identifiable while in use.
g) Maintenance requirements. The RV Park/campgrounds shall be maintained in a clean, sanitary condition at all times. Grass, weeds, and other vegetation not considered part of ornamental landscape shall not exceed twelve (12) inches in height.
h) Electrical Systems. Underground utilities shall be provided. Electrical hookups shall be provided to all RV stands and there shall be at least one electrical single phase outlet supplying a minimum of 115/230 volts.
i) Responsibilities of the owner. The owner of the RV Park/campgrounds or his designee shall be responsible for the supervision, operation, and maintenance of the park. The owner or his designer shall be available or on call at all times in the event of an emergency. The owner shall be responsible for insuring that each RV in his park complies with the provisions of these regulations.
§3-3-8 Roadways. All internal roadways shall be constructed in accordance with Parish construction standards for gravel roads for parks that exceed ten (10) campsites per acre. In all other cases shell or gravel type materials may be used. All roadways shall be at least 20 feet in width for two way and 12 feet for one-way traffic between ditches. All internal roads shall be privately maintained by the developer/owner.
§3-3-9 Open Space and Recreational Area. At least twenty (20) per cent of the park's total land area shall remain as open space and/or for recreational use.
§3-3-10 Buffering and Landscaping. A minimum buffer area of 30 feet shall be imposed around the perimeter of the RV Park and shall be landscaped in such a fashion as to achieve a 70 percent visual screen of living plant material at time of planting. Also, at least 50 percent of all the trees within the perimeter of the RV Park shall remain intact unless it is demonstrated that complying with this provision would prevent a safety hazard.
§3-3-11 Water System. All RV Parks shall have a potable water supply. A water station for filling RV water storage tanks shall be provided at a rate of one station per every 100 campsites. Potable water located at each campsite is recommended.
§3-3-12 Sewerage Disposal. Where a public sewer system is available within 300 feet, the RV Park shall be required to tie in to the system. If a public sewer system is not available, a private sewerage collection and disposal facility shall be installed which meets the requirements of the Louisiana Department of Public Health and Hospitals.
§3-3-13 Sanitary Facilities. Central toilet and lavatory facilities shall be provided for every ten (10) campsites when primitive campsites are provided or when no water/sewage hookup is available. A central bath house shall also be provided containing at least one shower receptacle for every fifteen (15) campsites when primitive campsites are provided or when no water/sewage hookup is available.
§3-3-14 Maintenance Requirements. Storage of vehicles is prohibited. No pets shall be allowed to roam free within the RV Park. Pets shall be confined in a fenced yard or on a leash. Large trash receptacles shall be screened by a six (6) foot sight obscuring fence. Small trash receptacles shall be aesthetically decorated and blend in with the environment of the RV Park.
§3-3-15 Utilities. Electrical and/or gas utilities shall be provided for each RV Park. However, individual hookups are not required for all RV Campsites but it is recommended.
§3-3-16 Lighting. RV Parks shall be lighted during the hours of darkness in a
way as to ensure the safety of the occupants. Such lighting shall be the responsibility of the developer of the RV Park.
§3-3-17 Site Plan Approval. All recreational vehicle parks must apply for site development plan approval by the permit office. In addition, a certificate attesting to the State Fire Marshal’s non-objection if applicable for all construction and improvements as per the state fire code must be provided to the permit office prior to the issuance of a permit.
§3-3-18 Responsibilities of Owner.
a) The owner of the RV park or his designee shall be responsible for supervision, operation and maintenance of the park.
b) The owner or his designee shall be available or on call at all times in the event of an emergency.
c) The owner shall be responsible for insuring that each RV within the park complies with the provisions of these regulations.
d) The owner will be responsible to maintain the posting of park rules in a common area and to provide a copy of the park rules to each tenant.
e) The owner will ensure that the RV park follows the park regulations and procedures as specified within these regulations.
§3-3-19 Nonconforming(Grandfathered) RV Parks. Expansion of nonconforming(Grandfathered) RV parks must meet the requirements of this Section for the new or expanded part of the park.
ARTICLE 4
IMPROVEMENT REQUIREMENTS FOR
SUBDIVISIONS AND LAND DEVELOPMENTS
4-1 GENERAL PROVISIONS, PURPOSE, BONDS, AND FEES
GENERAL REVIEW PROCEDURES
MINIMUM LOT SIZES AND DENSITY
4-2 STANDARDS FOR CONFIGURING NEW STREETS
GENERAL APPROVALS AND PRIVATE DRIVEWAYS
4-3 REQUIREMENTS FOR STREETS
4-4 CURB CUTS AND ACCESS SPECIFICATIONS
4-5 STREET LIGHTING
4-6 STREET SIGNS
4-7 CURB AND GUTTER
4-8 SIDEWALKS
4-9 DRAINAGE AND STORMWATER MANAGEMENT
4-10 WATER
4-11 SEWER
4-12 UTILITIES
4-13 OVERSIZING OF IMPROVEMENTS AND UTILITIES
4-14 PROCEDURE FOR ADMINISTRATIVE INSPECTION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS
4-15 ENFORCEMENT AND PENALTIES
4-1 GENERAL PROVISIONS, BONDS, AND FEES
General. These provisions are referred to as the Washington Parish Subdivision standards ordinance. They have been adopted and promulgated by the Parish Council in order to protect the health, safety, and welfare of the public and to provide for the orderly, planned, efficient, and healthy development of the parish.
There are areas of the Parish wherein residential living and commercial development of natural resources of the Parish must co-exist. Washington Parish is rich in natural resources, particularly sand and gravel. Mining of these resources have been, and will continue to be a viable economic industry for the Parish.
While the Washington Parish continues in its effort to promote the mining industry in the Parish in an orderly, planned, efficient and healthy manner, there exists a public interest in identifying the areas of the Parish where mining operations have previously occurred or are more likely to occur in the future. Those areas are generally within two (2) miles (10,560 feet) of the high banks of the Bogue Chitto River and the west bank of the Pearl River. Property owners who reside or may in the future reside in these general areas are given notice that mining of sand and gravel operations are more likely to occur in these areas than other areas in the Parish.
This ordinance shall become effective immediately upon the signatures of the Parish Council Chairman and the Parish President. However, existing subdivisions are not subject to the provisions of this ordinance. An existing subdivision is defined as a subdivision for which a subdivision plat has been filed with the office of the Clerk of Court of Washington Parish prior to the effective date of this ordinance.
Purpose for Adoption. These provisions have been adopted by the Parish with the following purposes considered:
• to guide the future growth and development of the parish as a parish that desires to keep its rural character
• to provide for adequate light, air, and privacy, while securing the public from fire, floods, and other dangers
• to protect and conserve the value of land and buildings and improvements upon the land, while minimizing conflicts among residents and neighbors who can be impacted by developments
• to insure that public facilities and services are available, properly built, and have sufficient capacity to serve the proposed subdivision
• to establish reasonable standards of design and procedures for approval, in order to further the orderly layout and use of land
• to prevent the pollution of air, water, and land, and to assure adequacy of drainage facilities, the protection of the water table, and the preservation of the integrity, natural features, and stability of land
• to guide public policy and action in order to provide for adequate and efficient transportation, water, sewerage, schools, parks, recreation, open space, and other public improvements and facilities
General Review Procedures. Whenever a subdivision of land is proposed, before any site clearing and fill takes place, and before there is any sale of parcels or erection of a structure in such proposed subdivision, the owner, developer or his agent must apply for approval of such subdivision to the Washington Parish Planning Commission. The application process is started when a completed subdivision application is presented to the Parish Director of Public Works who will forward a copy of the application to the Chairman of the Parish Planning Commission. Subdivision reviews are classified as either minor or major.
All subdivisions shall have a declaration as to being commercial, non-commercial, or both and declared as single family dwelling, multi-family dwelling or both.
A minor subdivision review is a simple and shorter process and does not require the approval of the Parish Planning Commission or the Parish Council. Such reviews are completed in-house by the Parish’s Director of Public Works.
A major subdivision review includes the submission of preliminary plans and final plans to the Parish Director of Public Works for review. After a final review, the Parish Director of Public Works with his recommendations will then forward the preliminary plans to the Parish Planning Commission for final approval of plans or disapproval.
After subdivision improvements are completed in an acceptable manner to the Parish Director of Public Works, the improvements are reviewed and recommended for acceptance by action of the Parish Planning Commission. The use of performance bonds and maintenance bonds can be part of this major subdivision process (see procedure chart below).
PROCEDURE A (with completion/performance bond that allows construction/sale of lots or home sales to begin before subdivision improvements are complete).
1. Subdivision application, fees, preliminary plat and construction plans submitted to Parish Director of Public Works.
2. Preliminary plat and then final plat and construction plans reviewed by Parish Director of Public Works, with final approval given by Parish Planning Commission at a public meeting.
3. Post completion/performance bond that represents 100% of subdivision construction costs (Project Engineer will provide the cost estimate for improvements).
4. Final approved plat filed with Clerk of Court’s office.
5. Clearance, fill and construction may begin.
6. Lots may be sold, buildings may be built when subdivision building permit is obtained.
7. Subdivision filing is completed and recommended by Parish Director of Public Works for Parish acceptance at public meeting
8. One year maintenance bond is posted that represents a guarantee value of 10% of the cost of the public improvements.
9. Acceptance of public improvements by Parish Planning Commission and Health Department. One year maintenance bond period begins.
PROCEDURE B (without a completion/performance bond posted which means that all subdivision improvements must be constructed and accepted by the Parish before construction on lots or sale of lots or homes begins).
1. Subdivision application, fees, and preliminary plat and construction plans submitted to Parish Department of Public Works.
2. Preliminary plan and then final plat and construction plans reviewed by Parish Department of Public Works, with final approval given by Parish Planning Commission at a public meeting.
3. Final approved plat filed with Clerk of Court’s office.
4. Clearance, fill, and construction begins but no buildings may be constructed or lots sold.
5. Construction is completed and recommended by Parish Department of Public Works for Parish acceptance. One year maintenance bond is posted that represents a guarantee value of 10% of the cost of the public improvements.
6. Buildings may be built when building permit obtained. Lots may be sold.
Note: For both Procedure A and B, the developer or applicant will file the final, approved signed plat with the Clerk of Court. The final plat must be signed by the Developer or subdivider, the Chairman of the Parish Planning Commission, the land surveyor, and the Parish Department of Public Works, before being filed with the Clerk of Court.
PROCEDURE FOR MINOR SUBDIVISONS. All subdivisions or resubdivisions of land must be submitted to the Parish Director of Public Works for approval prior to the recording of a plat or survey at the Clerk of Court’s office. However, a minor subdivision meeting the definition shown above, does not have to be reviewed by the Parish Planning Commission. An owner or developer of a minor subdivision shall submit a subdivision application, a legal, professional survey (a stamped original), and the application fee to the Parish Director of Public Works for review and approval.
Public Hearings and Input. Every major subdivision review must be listed on a public agenda of the Parish Planning Commission. The meeting agendas will be published in the local newspaper in accordance with parish procedures and regulations. A proposed new major subdivision site shall have a sign posted at the site, clearly visible to the public, which states the date and time for review of the subdivision at each public hearing.
Minimum Lot Sizes. The minimum lot size in Washington Parish is determined by several considerations including method of sewer treatment and type of housing structure.
*Minimum lot size and frontage where occupied units will be served by individual methods of sewerage treatment including use of septic tanks, filter beds, oxidation ponds, and mechanical treatment per lot. These may have private water wells or community water systems. Minimum of 140 foot wide road frontage and one acre in size per lot per single family living unit, including mobile homes (note that mobile home parks have different spacing requirements as outlined in Section 3.2.5 of the Comprehensive Plan). On lots facing onto cul-de-sacs minimum lot frontage shall be 75 ft.
Maximum density of multi-family units per one acre is 12 per acre.
*Minimum lot size and frontage where occupied units will be served by a Parish and State approved community sewerage collection and treatment system/community water system will be a minimum of 1 acre (43,560 square foot lot), and 100 foot minimum lot frontage. On lots facing onto cul-de-sacs minimum lot frontage shall be 75 ft. Community sewerage systems must include a plan submitted to the Parish Director of Public Works for long term maintenance of such system. These types of lots must be served by community water systems.
4-1-1 Authority of Parish Director of Public Works. The Office of the Parish Director of Public Works (which includes the Building Permit office) is hereby designated and authorized to accept and review plans for subdivisions and land developments to ensure compliance with the requirements of this Ordinance. With approval of the Parish Planning Commission, and the Parish Council, the Parish Director of Public Works is further authorized to prepare and promulgate standards, standard drawings, and specifications to more specifically implement the intent of the improvement requirements of this Article after appropriate review and approval of ordinances setting forth said standards. The Parish Director of Public Works, through his office and the Parish Building Permits Office, will also have authority to enforce the provisions of this ordinance while ensuring that all new subdivisions or re-subdivisions are properly approved by the Parish Planning Commission and filed with the Parish Clerk of Court before any development or construction takes place on that property.
4-1-2 Applicability and Exemption- Major and Minor Subdivisions. The improvement requirements specified in this Article shall apply to all subdivision developments classified as “major”, whether such subdivisions are residential or commercial. Portions of the procedure and improvement requirements specified in this Article shall not apply to “minor” subdivisions, which must follow a more abbreviated process outlined in _4-1_(minor subdivision). All improvements required to be constructed as part of a major subdivision or land development process shall be constructed and improved, in accordance with the standards and specifications for construction as required by this Ordinance and as specified by the Parish Director of Public Works.
No person to which this Article applies shall commence clearing or construction of any improvements on any land, prior to the approval of construction plans and engineering plans for said improvements, according to the improvement standards specified in this Article and as adopted by the Parish Planning Commission or the Parish Council. No subdivision permit, building permit or certificate of occupancy shall be issued for a building, structure, or use, nor shall any excavation, grading, or land disturbance applications be approved, on any parcel of land that does not meet the improvement requirements specified in this Article and as adopted by the Parish Director of Public Works pursuant to this Article.
Major subdivision: The division of a tract of land into parcels or lots which may involve the construction of a new public or private road, water or sewer improvements, or other improvements designed for use, sale, or lease to the public. Such subdivisions must follow the multiple step process of submitting preliminary and then final plans for review by the Parish Director of Public Works and then final plans approved by the Parish Planning Commission. Manufactured home or RV subdivisions will be included in the major subdivision category.
Minor subdivision: In order to be classified as a minor subdivision, all of the following must be characteristic of the subdivision: a) there are no public roads, street lighting, drainage canal/ditches, no community sewerage systems or public improvements to be dedicated; b) lots created are all over 1 acre in size; c) there are no variances being requested; d) no public road signs will be needed or requested; e) any private roads will be included as a part of a private lot, whether in whole or in part; f) the private roads shall be privately maintained, and, if requested for public dedication or maintenance, must first be brought to minimum Parish standards by all the private parties requesting dedication or maintenance; g) Declaration on deed or survey who is responsible for maintenance of private roads. This Parish standard shall include right of way
width, drainage, approved road base and surfacing and other factors outlined in Section 4-2 below; h) developer shall make known to prospective buyers whether road is a dedicated public road or private road which shall be privately maintained.
4-1-3 Engineered Drawings. Engineering drawings for public streets, including cross sections and centerline profiles, and public and private water, sewer, drainage, and utility systems, certified by a professional engineer registered in the State of Louisiana, or if authorized under state law, a registered land surveyor, or professional landscape architect, shall be required to be submitted for review and approval, and such plans must meet the requirements of this Article and the specifications of the Parish Director of Public Works. Prior to approval and recording of a final plat, or prior to the approval of any certificate of occupancy, a registered engineer for the subdivider/developer shall submit one copy of all finished, as-built plans of improvements, demonstrating that said improvements, as installed, meet the requirements of this Article and certifying in writing that the plans accurately reflect actual construction and installation. The Parish Director of Public Works shall maintain all as-built street and utility plans for future use by the Parish.
4-1-4 Permits for Construction in Public Right-of-Way. Permits from the Parish Director of Public Works’s office shall be required for construction in any public right-of-way. Permits will not be issued until such time that plans have been submitted and approved by the Parish Director of Public Works and Parish Planning Commission. Subdivision permit fees shall be approved by ordinance or resolution of the Washington Parish Council.
5. Improvements to Abutting Land. For subdivisions and land developments that abut and access an abutting public street, the subdivider or land developer shall make road improvements, and, if required, a deceleration turn lane, according to standards and specifications of the Parish Director of Public Works, along all abutting public streets. When a subdivision or land development uses an unpaved public right-of-way for access, the sudivider or land developer shall improve that right-of-way as required by the Parish Director of Public Works consistent with Parish road design standards. Said improvements shall be from the subdivision or land development entrance to the paved Parish road which the Parish Director of Public Works determines will be the primary direction of travel for residents of the subdivision or occupants of the land development. New subdivisions desiring access to an existing Parish Road that does not meet current Parish minimum requirements must be improved by the subdivider/developer, at their expense, to current Parish standards prior to access being granted. It is the intent of this policy to avoid increasing the traffic on a previously dedicated road that does not meet current standards and capacity.
Subdivision Submittal Fees. Fees are listed with the planning building permit fees schedule and must be submitted at the time of application submittal for subdivision approval.
4-2 STANDARDS FOR CONFIGURING NEW STREETS/ROADS
General Approval and Private Roadway: All new streets or roads, public or private, being built for public use or general access, or for dedication to the Washington Parish Council, must be constructed in accordance with minimum Parish standards for either a gravel or paved surface road. If a roadway is not intended for public or general use, and is to be considered a private roadway for limited access, that roadway does not have to be approved by the Parish Planning Commission and does not have to meet Parish standards. However, for such a roadway to be considered private and waived from Parish standards, it must meet all of the following criteria:
• All parts of the roadway must be included as part of the adjacent property parcels or lots (in other words, not a separate tract or right of way) and maintained by the private property owners
• Such roadway will not have a public street sign but may have a private sign indicating a name and shall be different in color from Public road signs.
• This roadway will not have publicly owned or maintained sewer or water lines within it or along its length or within an easement. If such lines are proposed to be installed, they will be privately owned and maintained, except where public servitudes are dedicated for public water or sewerage system.
• There shall be a written servitude of passage signed by all property owners who have this roadway on their land or access to the roadway (if there is more than one property owner involved)
Private Streets or Roads: New private streets or roads (built after passage of this ordinance) in Washington Parish do not have to be paved, as new public roads do, but must be built to the Parish standard for gravel and paved roads. Private roads must be signed as “Private Road” and shall not have standard Parish road signs installed to identify them. Private roads are assumed to be limited access roads and such roads are considered private property and maintained privately. Because such roads are built to Parish standard, such roads eventually could be taken over for Parish maintenance if the following conditions are met:
• such roadway has the minimum 60 foot road right of way width and is considered by the Parish Director of Public Works to be in good condition and generally meeting parish road standards
• such roadway has been in existence for at least for 5 years
• such roadway has the signatures of 100% of the adjacent property owners who have frontage along such road and who are willing to dedicate this road to the Parish
• owners and residents along such road understand that dedicating a road does not mean that the Parish would immediately pave it or when it could be paved, but that it could continue to be maintained by the Parish as a gravel road or could be paved at some distant date in the future in accordance with Parish road priorities
4-2-1 Street Alignment, Intersections and Jogs. Streets shall be aligned to join with planned or existing streets. Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles (90 degrees), but in no case shall such a street intersection be less than 75 degrees. Where street offsets or jogs cannot be avoided, offset "T" intersections shall be separated by a minimum centerline offset of 300 feet.
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4-2-2 Continuation of Existing Streets and Connections. Existing streets, and their rights-of-way, shall be continued at the same or greater width, but in no case less than the required width. The Parish Director of Public Works may require that a major subdivision provide one or more future connections to adjoining subdivisions or unsubdivided tracts.
4-2-3 Street Plans for Future Phases of the Tract. Where the plat or site plan proposed to be subdivided or developed includes only part of the tract owned or intended for subdivision or development by the subdivider or land developer, a tentative plan of a future street system for the portion not slated for immediate subdivision consideration may be required by the Parish Director of Public Works and if required, shall be prepared and submitted by the subdivider or land developer at the same time as the original subdivision.
4-2-4 Dead-End Streets and Cul-De-Sacs. Streets that dead-end shall terminate in a cul-de-sac. The maximum length of such streets shall be1800 feet. Streets that are planned to continue at future date (no more than one year) shall provide a temporary cul-de-sac as required by the Parish Director of Public Works.
5. Marginal Access Streets. Whenever a major subdivision is proposed abutting the right-of-way of a U.S. or State highway, a marginal access street approximately parallel and adjacent to such right-of-way may be required by the State Department of Transportation and Development or the Parish Director of Public Works at a distance suitable for the appropriate use of land between such marginal access street and highway right-of-way. The State Department of Transportation and Development or the Parish Director of Public Works may also require a 20-foot no-access easement and planting strip along the major arterial street to ensure that lots fronting on said street do not have access thereto.
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4-2-6 Alleys and Service Access. Alleys may be provided. If they are provided, they must meet minimum standards as approved by the Parish Director of Public Works consistent with Parish requirements. Dead-end alleys shall be avoided where possible; but if unavoidable, they shall be provided with adequate turn-around facilities. Service access shall be provided to commercial and industrial developments for off-street loading, unloading, and parking consistent with and adequate for the uses proposed.
4-3 REQUIREMENTS FOR STREETS
See Parish Road surface standards and material specs referenced in the drawings at end of this section.
4-3-1 Bridges. Bridges on public rights-of-way shall meet current American Association of State Highway and Transportation Officials standards, as determined by the Parish Director of Public Works.
4-3-2 Grading and Stabilization of Street Rights-Of-Ways. When a new public street is proposed, all trees, brush, stumps, rocks, or other debris shall be cleared from the street right-of-way, except in cases where trees are required to be preserved by the Permit Office in a manner acceptable to the Parish Director of Public Works. All streets shall be graded to lines, grades and cross sections approved on plans. All unsurfaced disturbed portions of street rights-of-way shall be stabilized by seeding, fertilizing, and mulching or by another equally effective method acceptable to the Parish Director of Public Works.
4-3-3 Radius at Street Intersections. The right-of-way radius at street intersections shall be a minimum of 15 feet, with larger radii for streets serving nonresidential development, as approved by the Parish Director of Public Works. The minimum pavement (curb) radius at street intersections shall be 25 feet.
4-3-4 Street Grades. No street grade shall be less than one percent. No street grade for an arterial or collector street shall exceed eight percent. No other local street grade shall exceed 12 percent, unless the Parish Director of Public Works finds that due to topographic conditions, a steeper grade is necessary, in which case the street grade shall not exceed 15 percent. Grades between 12 percent and 15 percent shall not exceed a length of 150 feet.
4-3-5 Minimum Street Right-Of-Way and Pavement Widths. Street right-of-way and pavement widths shall at minimum meet the following:
|STREET TYPE |MINIMUM RIGHT-OF-WAY WIDTH (FEET) |MINIMUM PAVEMENT WIDTH (FEET) |
|Major arterial street |Per thoroughfare plan |Per thoroughfare plan |
|Collector street |60 |36 |
|Local street with curb and gutter |50 |24 |
| | |(back of curb to back of curb) |
|Local street without curb and gutter |60 |24 |
|Cul-de-sac turn around radius |50 |40 |
| | |(back of curb) |
|Alley |20 |16 |
Residential Street with Curb and Gutter
(Cross Section Detail)
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Cul-de Sac Detail
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4-3-6 Street Horizontal Alignment and Reverse Curves. Street horizontal alignments and reverse curves shall at minimum meet the following:
|STREET TYPE |MINIMUM HORIZONTAL RADII OF CENTER LINE |MINIMUM TANGENTS BETWEEN REVERSE CURVES (FEET) |
| |CURVATURE (FEET) | |
|Major arterial street |1,250 |250 |
|Collector street |500 |100 |
|Local street with curb and gutter |100 |50 |
|Local street without curb and gutter |100 |50 |
|Dead-end street |100 |50 |
4-4 CURB CUTS AND ACCESS SPECIFICATIONS
4-4-1 Entrance Improvement Specifications. Roadway entrances and improvements, including necessary acceleration and/or deceleration lane(s) and right/left turn lanes, shall be designed, installed, and maintained as approved by the State Department of Transportation, as applicable, or the Parish Director of Public Works, in accordance with State or Parish specifications. All entrances or exits of any street or driveway, public or private, from or to any state highway shall be approved by the State Department of Transportation and the Parish Director of Public Works prior to the construction of such entrances or exits and prior to the issuance of any land use permit or building permit for any improvement to be served by such entrances or exits. All entrances or exits of any street or driveway, public or private, from or to any Parish street shall be approved by the Parish Director of Public Works prior to the construction of such entrances or exits and prior to the issuance of any land use permit or building permit for any improvement to be served by such entrances or exits.
2. Curb Cut Specifications. No curb cut or access driveway shall be permitted to be located closer than 100 feet to the nearest existing or proposed right-of-way of an intersecting roadway or closer than 40 feet to a side property line unless the adjacent property owner is in agreement with the encroachment of the driveway and approval is obtained from the Parish Engineer. Curb cuts or access driveways shall be no narrower than 24 feet from back of curb to back of curb. Strict adherence to these requirements may not be practical in all instances as determined by the Parish Engineer. The Parish Engineer may limit the maximum width of a curb cut and/or the number of curb cuts to a parcel as necessary when it is deemed to be of benefit to the safety and welfare of the public.
The following factors may be considered during the review and approval of a specific location of an entrance: the location of existing or planned median breaks; separation requirements between the entrance and major intersections; separation requirements between other entrances; the need to provide shared access with other sites; the need to align with previously approved or constructed access points on the opposite side of the street; and the minimum number of entrances needed to move traffic onto and off the site safely and efficiently.
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4-4-3 Access Along and Near Divided Highways. Where a divided highway exists or is planned, the following access standards shall be met (see Figure):
|Minimum Access Separation Requirements |Distance (Feet) |
|Curb cut of driveway from street intersection with divided highway |600 |
|Parallel frontage road from right-of-way of divided highway |450 |
|Curb cut or driveway on a local road from right-of-way of divided highway |200 |
|Curb cut or driveway on a local road from state highway |200 |
|Curb cut or driveway on parallel frontage road from local road |150 |
4-4-4 Interparcel Connections. New development that contains or is intended to contain more than one building or use on site shall provide connections so that automobile trips between and among such buildings or uses can be accomplished without using the highway or major street. Where possible and practical, new developments and substantial improvements to existing developments shall provide for pedestrian and automobile access connections between adjacent properties under different ownership when the uses of the properties are of such compatibility that patrons may frequent both buildings or uses in the same vehicle trip.
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4-4-5 STREET LIGHTING
The Parish Director of Public Works may require that subdivisions and land developments in urban and suburban areas provide street lighting along all public streets and along existing streets abutting the subdivision or land development. Such street lighting if required shall meet specifications of the Parish Director of Public Works.
4-4-6 STREET SIGNS
Signs for street names, directions of travel, traffic control, and hazards shall be provided in new subdivisions as directed by the Parish Director of Public Works. Street signs on exterior/boundary streets shall be installed by the Parish with the developer paying a 50% share determined by the Parish. Street signs for interior streets of a subdivision or land development shall be installed at the subdivider or developer’s expense by the subdivider or developer, subject to the approval of the Parish Director of Public Works.
Unless otherwise provided in standards and specifications adopted by the Parish Director of Public Works, street signs shall meet the following specifications. Signs shall be constructed of aluminum sheets with reflective backgrounds. Information on the street name signs shall be readable from both sides of the sign. Signs shall be installed on a galvanized steel post or other material as specified by the Parish Director of Public Works and be installed in accordance with State of La. DOTD signage standards. The vertical distance from the road elevation to the bottom of the sign face shall be seven feet with a minimum burial depth of three feet.
4-7 CURBS AND GUTTERS
Curbs and gutters may be installed as needed for improved storm water flow or to relieve maintenance problems with open ditches. Subdivisions consisting totally of lots intended for single-family residential use shall not require curbs and gutters, provided, however, that curbs are required for all roads when sidewalks are installed in accordance with these regulations.
When built, curbs shall be concrete, which shall be class “A” 3000 psi strength at 28 days. The typical curb minimum section shall be six inches by 24 inches by 12 inches (Figure).
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All streets and roads not required to include curbs and gutters shall be graded, paved, or gravel and drained to meet all construction and drainage standards for ditches, slopes, and grassing according to specifications established by the Parish Director of Public Works.
4-8 SIDEWALKS
4-8-1 When Required. Sidewalks may be provided at the expense of a developer.
4-8-2 Location. When built, sidewalks shall be included within the dedicated nonpavement right-of-way of roads and shall parallel the street pavement as much as possible; provided, however, the Parish Director of Public Works may permit sidewalks to be designed and constructed so that they meander around permanent obstructions or deviate from a linear pattern for design purposes.
4-8-3 Specifications. Sidewalks shall be a minimum of four feet wide. A median strip of grassed or landscaped areas at least two feet wide shall separate all sidewalks from adjacent curbs in residential areas.
4-9 DRAINAGE AND STORMWATER MANAGEMENT
4-9-1 General Requirements. An adequate drainage system, separate and independent of any sanitary sewer system and including any necessary ditches, pipes, culverts, intersectional drains, drop inlets, bridges, etc., shall be provided for the proper drainage of all surface water for all subdivisions and land developments. Sizing and location of all drainage structures shall be the responsibility of a registered professional engineer or land surveyor. The Parish Director of Public Works may require the use of on-site control methods such as retention or detention to mitigate the stormwater and drainage impacts of the proposed subdivisions and land developments. The Parish Planning Commission shall not approve any preliminary plat of subdivision that does not make adequate provision for storm and flood water runoff channels or basins as determined by the Parish Director of Public Works. No building permit shall be issued for any building within a subdivision or for the development of land, if there is not present throughout the
subdivision or to the land development an adequate system of drainage and stormwater management.
4-9-2 Method of Design and Capacity. Storm sewers, where required, shall be designed by the Rational Method, or other methods as approved by the Parish Director of Public Works, and a copy of design computations shall be submitted along with required plans. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area within the site and shall be designed to prevent increases in downstream flooding. Capacity for a 10-year storm or rain shall be provided for all street drainage structures such as catch basin, inlets cross drains, etc. Capacity for a 100-year frequency storm event shall be provided for all main drainage structures such as retention basins, principal storm sewers, and all types of flood protection works.
4-9-3 Location. Drainage facilities shall be located in the road right-of-way where feasible, and shall be constructed in accordance with standards and specifications of the Parish Director of Public Works. Catch basins shall be located at low points of streets. Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual, unobstructed easements at least fifteen (15) feet in width for drainage facilities shall be provided across property outside the road right-of-way and with satisfactory access to the road.
4-9-4 Discharge. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot or land development site to adjacent lots, land development sites, or vacant properties. Storm water shall not be discharged directly to perennial streams. It shall be directed toward natural drainages. If water must be discharged to a stream, the water quality flowing into the stream must meet or exceed the water quality in the receiving waters. The water quantity flowing into the stream must be evaluated to ensure the stream channel can accommodate the increased flows and not disrupt or degrade the ecology of the water body.
5. Grading and Site Drainage. Lots or land development sites shall be laid out so as to provide positive drainage away from all buildings, and drainage for individual lots or land development sites shall be coordinated with the general storm drainage pattern for the area. Buildings and parking lots shall be appropriately drained so as to prevent damage to abutting properties or public streets. All disturbed or graded ground areas of a building site not used for buildings or open storage areas shall be appropriately stabilized and grassed or covered with plants or landscaping materials.
4-9-6 Cross Drainpipes. Where a watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be made for installation of a culvert or other structure, the design of which shall be approved by the Parish Director of Public Works. Cross-drains shall be provided to accommodate all natural waterflow, and shall be of sufficient length to permit full-width roadways and the required slopes. Cross drainpipes shall have head walls of an approved type on inlet and outlet ends of the pipe. Pipe installed within the right-of-way shall be reinforced concrete pipe. All storm drainpipes shall be minimum 18 inches in diameter. Storm sewer slopes shall be equal to or greater than one percent.
4-9-7 Drop Inlets. Drop inlets shall be generally three-foot by three-foot boxes with two-foot by three-foot grates unless otherwise specified by the Parish Director of Public Works.
4-9-8 Easements. Where an irrigation ditch or channel, natural creek, stream or other drainage way crosses a subdivision or land development, the subdivider or developer shall provide an easement sufficient for drainage and maintenance. Easements shall be provided for all drainage facilities as approved by the Parish Director of Public Works. When a subdivision or land development is traversed by a watercourse, drainage way, channel, or intermittent stream, a stormwater or drainage easement of at least twenty (20) feet shall be provided.
4-9-10 Erosion Control. All drainage plans submitted for new major subdivisions shall include details on soil erosion control during the construction phase of a project. Acceptable erosion control measures must be specified in the submitted plan and must be maintained by the developer during the duration of the construction project. Soil, litter, and chemical run-off from a construction site shall be kept out of parish and state maintained ditches and streams.
4-10 WATER
4-10-1 Generally. No land use permit or building permit shall be issued for any building within a subdivision or for the development of land, if there is not present throughout the subdivision or to the land development an adequate potable water supply.
4-10-2 Water Main Requirements. When municipalities public water supply is accessible, the developer shall install adequate water facilities, including fire hydrants, according to specifications of the Parish Director of Public Works. All water mains shall normally be at least six inches in diameter except that pipe of lesser size may be used if properly looped and adequate water pressure is maintained in accordance with standards established by the Southeastern Fire Underwriters Association. Pipe of less than four inches shall not be used except in unusual cases. Water lines shall be installed at least 30 inches below grade. Water mains within subdivisions and land developments must be provided with connections to each lot in the subdivision and each land development, except as otherwise specifically provided.
4-10-3 Wells. If a Parish and/or municipal water supply is not available to the subdivision or land development at the time of constructing improvements for a subdivision or land development, then the subdivider or developer shall provide an adequate alternative water source and an adequate water storage facility. In subdivisions or land developments with a residential density of one unit per acre or less and when a public water system is not available as determined by the Parish Director of Public Works, individual wells may be used in a manner so that an adequate supply of potable water will be available to every lot in the subdivision or to the land development. When individual wells are proposed to be used for water supply, water samples shall be submitted to the Louisiana Department of Health and Hospitals for its approval, and individual wells shall be approved by the Department before being placed into use. Health Department approvals shall be submitted to the parish engineer prior to final subdivision plat approval. Distance between water wells must be at least 100 ft. as per State health standards.
4-10-4 Community Water System. If a Parish and/or municipal water supply is not available to the subdivision or land development at the time of constructing improvements for a subdivision or land development, then the subdivider or developer shall provide an adequate alternative water source and an adequate water storage facility. Any community water system, if permitted, shall provide a minimum flow of 400 gallons per day per each lot platted, whether or not each lot is to be immediately developed; shall be sanitary; and shall have a minimum pressure of 30 pounds per square inch at each lot in the subdivision or each land development to be served. For all common non-public water
supply systems, acceptable management, maintenance, and distribution policies and procedures shall be established. These policies and procedures shall be required to guarantee the provision of adequate supplies to each perspective lot owner on a continuing, ongoing basis, and to provide acceptable means for repairs and unforeseen events. The community water system plan shall be approved by the Parish and the Louisiana Department of Health and Hospitals and a letter of approval from the Louisiana Department of Health and Hospitals shall accompany the final plat or land development application.
4-10-5 Fire Hydrants. Fire hydrants shall be required for all nonresidential land developments and all subdivisions except those permitted to be served by individual on-site wells or privately owned water companies. Fire hydrants with appropriate water pressure at appropriate intervals throughout the subdivision or land development shall be provided by the subdivider or land developer as required by the local Fire Department. Fire hydrants shall be located no more than 1,000 feet apart and within 500 feet of any principal dwelling. Hydrants, fittings, valves and fire department connections shall be approved by the Fire Department. Fire department connections shall be not less than 18 inches or more than 36 inches above the level of the adjoining ground or paving. The thread of such connections shall be uniform with that used by the Fire Department. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves, and all other supply improvements shall be installed before any final paving of a street within the right-of-way shared by such underground utilities.
4-11 SEWER
4-11-1 Generally. All habitable buildings and buildable lots shall be served by an approved means of wastewater collection and treatment. Each subdivision and land development shall be served by adequate sewage disposal facilities. No building permit shall be issued for any building within a subdivision or for the development of land, if there is not present throughout the subdivision or to the land development an adequate system of wastewater collection and treatment. All sewerage collection and treatment systems prior to installation, must be reviewed and approved by the La. Dept. of Environmental Quality and the La. Dept. of Health Title 51 Public Health Sanitary Code, Part VIII, Sewerage Disposal. State DEQ discharge permits must be obtained for each community treatment plant. Private subdivision or community sewerage systems must include a plan for maintenance of the system and identify who will be responsible for maintenance.
4-11-2 Connection to Public Sewerage System. When a public sanitary sewerage system is reasonably accessible, as determined by the Parish Director of Public Works, the subdivider or land developer shall connect with same and provide sewers accessible to each lot in the subdivision or to each land development. If a public sanitary sewer is reasonably accessible, it shall be unlawful for any person to maintain upon any such property an individual sewage disposal system. When a public sanitary sewerage system is not immediately accessible but is anticipated by the Parish to be available within a period of three years, the applicant shall install sanitary sewer lines, laterals, and mains from the street curb to a point in the subdivision or land development boundary so that a future connection with the public sewer main can be made. The Parish Director of Public Works may condition the approval of a subdivision or land development on the agreement to connect to the public sewerage system upon its availability. Sanitary sewers shall be located within street or alley rights-of-way unless topography dictates otherwise. No public sewer shall be less than eight inches in diameter. Manholes shall be installed in sanitary sewers with a maximum distance between two manholes of 400 feet, unless otherwise specified by standards of the Parish Director of Public Works. Sanitary sewer slopes shall be equal to or greater than 0.7 percent for eight inch lines. All sewer lines shall be designed with slopes to obtain a minimum velocity of two feet per second. Minimum 20-foot wide easements shall be provided for all sanitary sewer lines.
4-11-3 Alternative Provision. If sanitary sewer is not available at the time of the development of the subdivision or land development, and if sanitary sewer is not anticipated to be available within a period of three years to serve the subdivision or land development in question, then on-site septic tanks, an oxidation pond, or another approved method of treatment of sanitary sewerage shall be installed by and at the expense of the subdivider, land developer, or lot purchaser, in conformity with the requirements of the Louisiana Department of Health and Hospitals as being consistent with applicable state and local environmental health requirements and the Louisiana Sanitary Code Title 51 Public Health Sanitary Code and according to specifications adopted by the Parish Director of Public Works.
4-11-4 Septic Tanks. Where individual onsite wastewater disposal systems are allowed and proposed, individual lot sizes and shapes must exhibit appropriate regard for the peculiar health, drainage, and maintenance characteristics on the site. Additionally, detailed soil tests may be required in order to verify the ability of the lots to safely contain and dispose of septic system effluent. All septic tanks and onsite wastewater disposal systems are subject to the approval of the Parish Health Department. System design should mitigate the discharge of any treated water to an acceptable drainage collection system that precludes pooling of discharged waters. Where adequate drainage
is not available for treated discharge the subdivider, developer or landowner will be required to install a sprinkler system to manage the discharge effectively on their own property or propose an alternative suitable remedy acceptable to the Louisiana Department of Health and Hospitals as being consistent with applicable state and local environmental health requirements and the Louisiana Sanitary Code Title 51 Public Health Sanitary Code and the Parish Director of Public Works.
4-12 UTILITIES
All utility facilities, including but not limited to gas, electric power, telephone, and cable television may be located underground throughout the subdivision or land development, if preapproved by the applicable utility provider and by the Parish Director of Public Works. Easements centered on rear lot lines shall be provided for utilities, private and public, and such easements shall be at least 20 feet wide. When topographical or other conditions are such as to make impractical the inclusion of utilities along the rear lot lines of a subdivision, lot, or land development site, perpetual unobstructed easements at least 20 feet in width shall be provided along side lot lines with satisfactory access.
4-13 OVERSIZING OF IMPROVEMENTS AND UTILITIES
The subdivider or land developer shall construct such oversized improvements and utilities that the Parish Director of Public Works determines are necessary, provided that the subdivider or land developer shall not be obligated for the additional cost of improvements and utilities that are not uniquely required for that development, and provided the subdivider agrees to a proposal by the Parish Director of Public Works to share in the cost arrangements for over-sizing improvements and utilities. A formula may be developed by the Parish to provide for a sharing of the cost of other improvements needed to serve the subdivision or land development when certain of the improvements are necessary to serve future subdivisions or developments in the vicinity.
4-14 PROCEDURE FOR ADMINISTRATIVE INSPECTION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS
Upon completion of public improvement construction, the subdivider or land developer shall notify the Parish Director of Public Works and request an inspection. The developer’s project engineer must also certify in writing that the improvements meet the standards required by Washington Parish and appropriate State agencies. The Parish Director of Public Works shall inspect all public improvements and shall notify the subdivider or land developer by mail of nonacceptance or preliminary acceptance. If the public improvements are not acceptable, the reason for non-acceptance shall be stated
and corrective measures shall be outlined in a letter of notification. Upon notification, the subdivider or land developer shall correct all deficiencies identified in the non-acceptance letter within the time limit established by the Parish Director of Public Works. Once deficiencies are corrected, the subdivider or land developer shall again request inspection in writing. Acceptance of public improvements required by this Article are to be approved by the Washington Parish Planning Commission, which shall be first recommended for approval in writing by the Parish Director of Public Works and forwarded to the Parish Planning Commission for consideration and/or approval. Beginning with the date of Parish Planning Commission acceptance, the developer or owner shall provide a one year maintenance bond and a one year warranty maintenance period for the guarantee of the improvements shall begin.
SIGNATURES ON FINAL PLAN AND FILING. When completing the final acceptance procedure for major subdivisions, two duplicate original copies of the final plat must be submitted to the Parish Director of Public Works and the Parish Planning Commission. This plat must be signed and dated by the land surveyor, the developer, the Project Engineer, the Parish Director of Public Works, and the Chairman of the Parish Planning Commission. One duplicate original of such plat will then be filed by the developer with the Parish Clerk of Court’s office, 911 Office, Health Department, Assessor’s Office and a duplicate original retained by the Parish Director of Public Works’ office. Filing of plats must meet minimum requirements of State Statute R.S. 33:51.
4-15 ENFORCEMENT AND PENALTIES
Any person or entity which fails to comply with, or violates, any of the provisions of this ordinance and regulations shall be subject to a fine/penalty of $500 per lot or parcel so built, transferred, or sold prior to proper approval. In addition, other non-subdivision related violations of the ordinance shall be punishable by fines or penalties of $500 per violation. All violations of this ordinance must be corrected by the party violating it whether or not a fine/penalty is charged or paid.
It shall be the duty of the Parish Planning Commission, with input from the Parish Attorney, to assess the type and details of a violation and to provide proper written notice of violations to the parties involved.
Civil Enforcement- Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations, to prevent any unlawful construction, to recover damages, to restrain, correct, or abate a violation, or to prevent illegal occupancy, and these remedies may be in addition to the penalties described above.
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ARTICLE 5
Industrial, Commercial, or Business Permit Ordinance
1. GENERAL
5-1 GENERAL
This ordinance shall become effective immediately upon passage by the Parish Council and upon the signatures of the Parish Council Chairman and the Parish President.
Conditional Uses in Washington Parish and this ordinance refer to a use(s) of a property, buildings, activity or site not automatically permitted by right and that are generally considered a nuisance or a public health or safety hazard or impairment of quality of life to residents or neighboring property owners or reduction of property values and that would not be appropriate in a particular area without conditions approved by the Washington Parish Building Permit Office and/or the Parish Council. However, such uses may be found compatible and approved if limited in area, size, distance from adjacent properties, height, noise factors, scope, or through the use of other limiting factors approved by the parties involved.
Conditional permits refer to the type of Building and/or Occupational Use Permit that is issued by the Washington Parish Building Permit Office to an applicant for the use of a specified site and that states, by attachment, any special limitations or requirements placed upon the issuance of such permit.
5-1-1 Conditional Uses in Washington Parish
Those uses that shall be permitted only as a conditional use and allowed through the Parish’s issuance of a “conditional use permit”, include the following:
▪ Rehabilitation or halfway houses for persons in recovery from substance abuse
▪ Homeless shelters
▪ Transitional facilities for housing ex-inmates, criminals with severe mental illness
▪ Jails or prisons
▪ Businesses where bars or lounges are the primary use
▪ Adult uses or adult entertainment as defined by law
▪ Junk yards for vehicles, salvage yards, scrap yards, or for any business in any phase of reclamation
▪ Towers, including, but not limited to cellular and radio towers
▪ Landfills, incinerators, or waste disposal dumps / sites
▪ Other uses, activities, or businesses, that in the opinion of the Washington Parish Building Permit Office, are reasonably to be expected to create an
excessive level of noise, smoke, dust, pollution, traffic, or obnoxious odors on an on-going basis that may threaten the welfare, health or safety of neighboring residents or property owners or quality of life or reduction of property value as well as having a possible negative impact on natural, scenic, unique or historic properties.
5-1-2 Approval Process and Processing Fees
1. A Parish Building Permit application for a new structure, expansion, or renovation of a structure, or an occupational or occupancy permit that relates to the buildings or activities outlined in Section 5-1-1 above is filed with the Parish Building Permit office. This application must be filed and accepted as complete by the Parish Building Permit office at least 21 calendar days prior to the Parish Planning Commission meeting at which the application is to be presented as an agenda item.
1.1. Public Hearing and Input: Every permit review must be listed on a public agenda of the Parish Planning Commission. The meeting agenda will be published in the local newspaper in accordance with parish procedures and regulations. A proposed new Industrial Commercial Business site shall have a sign posted at the site, no less than 4’x 4’and clearly visible to the public, which states the intentions of the proposed site, the date, time, and place for review of the permit application by the Parish Planning Commission.
Included with the application and required fee shall be at least the following documentation:
• a current legal description and drawn plat showing the existing building and site in question. This plat will show the distance of
the existing or proposed project from all adjacent property lines, proposed plans for site access from public streets, traffic circulation, site drainage and site control, if needed.
• a description of the present use of the subject building or site, along with the existing use of all adjacent land uses on all sides of the applicant’s site.
• a complete written description of the proposed use of the building and/or site
• a statement as to how an applicant proposes to reduce any safety or health impacts to neighbors and adjacent property owners.
2. Prior to accepting such application, the Building Permit office shall review the submittal and determine whether such application is complete. The staff will also send notification to the Parish Council person who represents the district
in which the permit or application building or site is located. If the application is complete, the item shall be placed upon the Parish Planning Commission agenda for a public hearing, along with the Building Permit office for recommendation for approval with conditions, or denial of the application.
3. The application and supporting documentation will be placed on the next agenda of the Parish Planning Commission and proper public notice will be given as to the time, date, and location of the public hearing, along with an invitation for public input. After the public hearing(s), the Parish Planning Commission will then render one of the following decisions:
-approval of conditional use permit as requested by applicant
-approval of conditional use permit with modifications and conditions
-disapproval of conditional use permit.
The decision shall be examined by considering the conditional use application in relation to its impact on the public health, safety, and welfare of the impacted community or neighbors as well as to the impact on natural, scenic, unique, or historic properties.
The Parish Planning Commission’s determination in taking action on such application shall be accompanied by their findings and a statement of reason for the decision reached. These items will be recorded in the official minutes of the Washington Parish Planning Commission, along with written conditions if the application is approved.
4. FEES: The fees for an Industrial, Commercial, Business use permit shall be as listed in the fee schedule approved by the Parish Council-Ordinance No.08-460 dated July14, 2008 and subsequent fee schedules.
5-1-3 Appeal of Decisions to the Parish Council
An applicant for an Industrial, Commercial, or Business Permit, or an Opposing party to the above mentioned permit may appeal a Parish Planning Commission decision at the next appropriate meeting of the Parish Council (the meeting date may be delayed because of public notice requirements and/or agenda deadlines). The Parish Council, after discussion of the appeal, may affirm decision of the Parish Planning Commission, repeal the decision, or may amend the list of conditions relating to approval of the application for a conditional permit.
5-1-4 Transfer of Existing Permit or Amendment to the Conditions
Industrial, Commercial or Business use permits may be transferred to a different person or business as long as the approved use and permit conditions
stay the same. If the original permittee (applicant) or a new owner, leasee, or operator wants to change or amend the conditions of an approved permit, they must follow the same procedures outlined in Section 5-1-2 above and abide and maintain all requirements of previously granted permit.
5-1-5 ENFORCEMENT AND PENALTIES
Any person or entity which fails to comply with, or violates, any of the provisions of this ordinance or regulations shall be subject to a fine/penalty of $500.00 per violation prior to proper approval. In addition, other Industrial, Commercial, or Business related violations of the ordinance shall be punishable by fines or penalties of $500.00 per violation. All violations of this ordinance must be corrected by the party violating it whether or not a fine/penalty is charged or paid which party shall cease operations until correction of any violation. Failure to cease operations upon receipt of written notice by the permit office shall result in an additional fine of $100.00 per day until the party ceases operations or corrects the violations(s).
It shall be the duty of the Parish Planning Commission, with input from the Parish Attorney, to assess the type and details of a violation and to provide proper written notice of violations to the parties involved.
Civil Enforcement- Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations, to prevent any unlawful construction or commercial activity without authorized approval, to recover damages, to restrain, correct, or abate a violation, or to prevent illegal occupancy, and these remedies may be in addition to the penalties described above.
Upon failure to execute all requirements at any phase or step of the Industrial, Commercial, Business permit application process or by failure to maintain requirements by owner/developer or upon permit transfer to new permit holder, applicant or permit holder may be in jeopardy of permit denial or revocation.
STATE OF LOUISIANA
PARISH OF WASHINGTON
WASHINGTON PARISH COUNCIL
ORDINANCE No. 12- 571
Introduced on August 27, 2012___________
Introduced by Greg Route_______________
Public hearing held on September 10, 2012__
AN ORDINANCE ADOPTING COMPOST FACILITY REQUIREMENTS
WHEREAS, the Washington Parish Planning Commission, with the approval of the Washington Parish Council Infrastructure Committee, proposed that the Washington Parish Government adopt requirements for the operation of compost facilities.
BE IT ORDAINED, that the Washington Parish Government hereby adopts the Compost Facility Requirements to be incorporated in the Comprehensive Development Ordinance of Washington Parish, Louisiana, as follows, to-wit:
5-2 COMPOST FACILITY REQUIREMENTS
This Section provides specific requirements which must be followed for all compost facilities.
1. DEFINED
2. REGULATED
5-2-1 DEFINED
COMPOST FACILITY. A facility accepting manure, clippings, leave and /or wood waste materials for the onsite controlled biological decomposition of organic matter into stable, odor free humus in an amount over fifty (50) cubic yards per year. The fifty (50) cubic yard exemption does not apply to other raw materials. A variance from the fifty (50) cubic yard limit may be requested by letter submitted to the Washington Parish Planning Commission per Article 1-2 of the Comprehensive Development Ordinance.
5-2-2 REGULATED
1. Composting operations within Washington Parish require a Type 3 solid waste permit from the Louisiana Department of Environmental Quality (LADEQ) which must be applied for under the supervision of a Louisiana-licensed registered engineer per LA Title 33, Part VII, Subpart 1, section 723.A.1 of the LADEQ solid waste regulations. The facility design will be in accordance with the Best Management Practices available for the type of compost to be processed.
2. Compost facilities must receive an approved permit from the Louisiana Department of Environmental Quality. The permit application will be reviewed according to the requirements contained in LAC TITLE 33 Part VII Section 723 Standards Governing Compost Facilities. Exemptions allowed under the authority of a USDA or Louisiana Department of Agriculture approval letter are prohibited.
3. Compost facilities will be required to submit an application to the Washington Parish Permit Office for a building permit and a business permit describing the details of the facility. Special consideration should be given to proximity of operations to the land use of adjacent properties to insure that the facility operation will not be visible from highways, roads or adjacent dwellings. As a minimum, a six foot solid fence will be erected to screen the processing area from highways, roads or adjacent dwellings. Particular consideration should be given to expected impact of odor emissions from the site onto adjacent properties. Offensive odors onto adjacent properties are prohibited. The compost facility processing area will be located at least one mile from any existing dwelling at the time of permit application unless exempted by the WPPC due to special design considerations.
4. The facility will be operated in such a manner to minimize the generation of dust (LAC:33.D.3.b) as well as the proliferation of flies, mosquitoes, rodents or other undesirable infestations. Adverse impact on adjacent land due to these undesirable infestations will not be tolerated.
5. The operations plan will include the amount of material expected to be processed per acre and the hours of operation of the facility.
6. This ordinance does not apply to agricultural operations that my receive manure, wood products or other materials as fertilizer or soil supplements on site.
7. The facility will submit copies of all reports and notifications required to be submitted to the LADEQ to the Washington Parish Director of Public Works. The Washington Parish Director of Public Works or his designee will issue a notice to cease operation and possible fines for failure to comply with any of the requirements of this ordinance until the facility meets the compliance requirements.
8. Segregation of Waste
1. Composting facilities involving residential and/or commercial solid waste shall provide a waste-segregation plan and a recyclables separation program that shall be instituted prior to beginning composting operations.
Page 2 of ORDINANCE No. 12-571
2. Wastes not intended for composting shall be removed from the facility to a permitted facility at least every seven days. Storage of wastes not intended for composting shall be in a closed container that prevents vector and odor problems. The facility shall maintain a log of dates and volumes of waste removed from the facility due to its inability to be composted.
BE IT FURTHER ORDAINED, that the Compost Facility Requirements shall be incorporated into the Comprehensive Development Ordinance of Washington Parish, Louisiana under Article 5 beginning as Section 5-2.
BE IT FURTHER ORDAINED, as authorized by Section 2-12(C) of the Washington Parish Home Rule Charter, that upon final approval, this ordinance shall be published in summary by identification of title and sections.
The above and foregoing having been submitted to a vote, the vote thereupon resulted as follows:
YEAS: _(7)___ Posey, Wheat, Fussell, Nassauer, Johnson, Thomas and Route
NAYS: _(0)___
ABSENT: _(0)___
ABSTAIN: _(0)___
The ordinance was declared adopted on the 10th__ day of September_, 2012.
WASHINGTON PARISH COUNCIL
By: SIGNATURE____
Greg Rouge, Chairman
Delivered to the Parish President on the 11th_ day of September__, 2012.
WASHINGTON PARISH GOVERNMENT
By: SIGNATURE_______________
Richard N. Thomas, Jr., President
Page 3 of ORDINANCE No. 12-571
Returned to the Clerk of the Parish Council on the 11th_ day of September, 2012.
ATTEST:
_SIGNATURE______________________
Sharon Lyons, Clerk of the Parish Council
ARTICLES 6
MINES AND MINING OPERATIONS
This Section provides specific regulations which must be followed for all mining activities.
6-1 REGULATORY COMPLIANCE
6-2 APPLICATION REQUIREMENTS
6-3 LOCATION RESTRICTIONS
6-4 SLOPING AND GRADING
6-5 LAND LEVELING
6-6 ADDITIONAL REMEDY FOR VIOLATIONS
6-7 ADDITIONAL GUIDE FOR PERMIT COMPLIANCE
6-1 REGULATORY COMPLIANCE
All mining operations shall comply with all applicable laws which include but are not be limited to having a current water quality permit approved by the Louisianan Department of Environmental Quality, Wetlands permit(s) from the U.S. Army Corps of Engineers, if applicable, and operating within the safety guidelines set by the Mine Safety and Health Act.
6-2 APPLICATION REQUIREMENTS
The application for the mining permit shall at minimum contain the following:
a) A fully executed “Landowner Notice Concerning Mines and Mining Operations” containing the following information shall be executed before a notary public and included with the application:
LANDOWNER NOTICE CONCERNING MINES AND MINING
BE IT KNOWN, that on this ________ day of ____________, 20______, before the undersigned Notary Public, personally came and appeared:
____________________________ (miner), hereinafter referred to as Miner
And
____________________________ (landowner), hereinafter referred to as Landowner
Who declared that:
1. The parties have entered into a contract for mining operations.
2. The parties agree that the Miner has informed the Landowner that the Landowner has a right to negotiate with the Miner terms for reclamation (restoration) of the property.
3. The parties agree that the Miner has informed the Landowner that the Landowner has a right to negotiate with the
Miner a term or time period the contract will be in effect.
4. The parties agree that the Miner has informed the Landowner that the Landowner has a right to negotiate with
the Miner the price to be paid the Landowner for the product (sand, gravel, topsoil, etc.).
Miner
Landowner
Sworn to and subscribed before me,
Notary Public in and for the
Parish of ___________________________
State of Louisiana,
this _____ day of ____________, 20______
___________________________________
Notary Public
Notary ID # _________________________
(b) )Identification of the area on a vertical aerial photograph from the Parish through the Assessor’s office, showing geographical and topographical conditions. Area covered by the vertical aerial photograph shall include: all land requested in the petition; all contiguous land, which is or has been or is proposed to be used by the owner or leasehold applicant for any extraction, treatment, or storage; and all public or private roads, which provide access to the proposed use. Access by way of parish roads will be considered and may be restricted as part of the application process.
(c) A description of the adjacent properties surrounding the proposed mining area and any proposed mitigation methods to be incorporated into the activity to minimize impacts on the surrounding areas. The description shall include all residential subdivisions, residentially developed properties, and existing residential dwellings within five hundred (500) feet of the property proposed for mining. Mitigation may include proposed buffers, fencing or other methods acceptable to the Planning Commission and Parish Government.
(d) A detailed plan for extraction of the natural resource deposits. This plan shall include:
(1) Boundary of entire tract showing bearing and approximate dimensions of the property involved in the application;
(2) The approximate dates for the initiation and termination of such operation;
(3) Existing geographic features of the site, wooded areas, natural waterways and public or private roads to be used for access;
(4) Boundaries of proposed excavation pits and overburden storage areas;
(e) The maximum anticipated depth of the pit area(s) and the proposed slope(s) of the sides of the pits;
(1) The type of mining operations(s) proposed (wet, dry, etc.) and an anticipated list of the type and quantity of equipment proposed to be used in connection with the use including bulldozers, cranes, washers, crushing equipment, trucks, dredgers, conveyors and other mechanical equipment; and
(2) The hours of operation which unless otherwise limited at issuance of permit may be twenty four hours per day, seven days per week.
6-3 LOCATION RESTRICTIONS.
Mining operations shall observe the following location restrictions:
a) Mining operations and activities are prohibited below the high bank of any river unless specifically approved by the U.S. Army Corps. Of Engineers and the Washington Parish Planning Commission.
b) Mining operations and activities shall be set back a minimum of 100 feet from any public road, which shall remain undisturbed. Access to mining operations is allowed to cross through this setback from the public road.
c) Mining operations and activities shall be set back a minimum of 200 feet from the property line abutting a subdivision.
d) Mining operations and activities shall be set back a minimum of 200 feet from existing dwellings on abutting property not owned by the mining operation and not a part of a subdivision, unless the abutting property owners agree in writing to waive or reduce the setback requirement. Such area may be used for surface drainage if specified in the permit application and approved by the Planning Commission.
e) Mining operations and activities shall be set back a minimum of 50 feet from any adjacent property lines that have no commercial or residential sites, which shall remain undisturbed, unless the adjacent property owner agrees in writing to waive or reduce this requirement. Waiver agreement cannot conflict with 4-4 (sloping and grading).
f) Mining operations and activities of the strip mining category have no setback guidelines except to meet the requirements for embankments or “walls” with depths greater than 4 feet listed in the Sloping & Grading section below.
6-4 SLOPING AND GRADING.
In order to provide soil stability, reduce erosion, and encourage the growth of vegetation of mined property, most notably the embankment of a wet or dry mined location, it is necessary to regulate the extent of cut and fill slopes.
Aggregate Wet Mining:
On embankments of a wet mined location, starting at any given point, proceeding in either direction from that point, every 100 feet around the entire embankment, there shall be an 8 feet deep ledge dug into the embankment by 20 feet long and 1 foot above the water line which shall be in place (also known as a “bench”) or a slop ratio of 3:1 must be used on preexisting natural ground level, sloping down to the current water level but not to exceed a height of 25 feet when the mining activity or permit is terminated.
Aggregate Dry Mining:
Dry mining pits shall leave the embankments of the entire perimeter of the immediate mined area with a 3:1 slop ratio with the anticipation of the pit becoming water filled. Some locations may have more than 1(one) mining pit per permitted site but these requirements are applicable to each separate pit regardless of the number of pits on that permitted site.
Wet or Dry mining overburden or flume piles that exceed 25 feet will require a slop ratio of 5:1. Temporary overburden used for future reclamation and stockpiles of sand, gravel or other saleable materials are exempt. Strip Mining:
Strip mining may include mining pits of topsoil, subsoils of clay or clay gravel or sand. When strip mining activity ends on any permitted site, upon termination of permits, the miner shall not leave dirt embankments or “walls” with depths greater than 4 feet unless they meet the slop ratio requirements of 3:1 as described in other sections of this ordinance.
6-5 LAND LEVELING.
After permit termination, all mining sites shall have land contours will generally be leveled to rolling shapes that have no abrupt elevation changes and will generally maintain the appearance of a smooth contour. There shall be adequate provisions for drainage so that rainfall does not accumulate in small pockets. Leveling should be done to such a standard that a farm tractor and rotary cutter can safely and easily traverse the area.
6-6 ADDITIONAL REMEDY FOR VIOLATIONS.
In addition to the inspection and enforcement authorizations given to the Permit Office by this Ordinance, as described in Article 1, in cases of violations of this Section the Permit Office may upon inspection of mining property serve written notice of areas in deficiency and allow the producer
Thirty days to prepare and submit a plan to cure said deficiency prior to further action such as a “Stop Work Order”. If at the end of thirty days a plan has not been submitted to the Permit Office a “Stop Work Order” may be issued. If the corrective action plan is submitted within thirty days then the Permit Office will accept or reject the plan within fifteen days. If the plan is rejected the issue will be referred to the Planning Commission for further action or consideration. Additionally, enforcement and remedies may include the requirement of the mining operator to post a guarantee in the amount of two thousand dollars ($2,000.00) per acre for the deficient portion of the land which may be forfeited in the event of failure to carry out remedial or corrective measures to cure violations of this Section or denial of future permits until such remedial or corrective measures are complete.
7. ADDITIONAL GUIDE FOR PERMIT COMPLIANCE.
Upon passage of this ordinance, miners of all categories shall have 60 days before any permit obtained prior to July 2008 expires. After 60 days, all permits prior to July 2008 will expire and all miners will be required to obtain a current permit applicable to each individual mined site but does not have to meet the requirements of a signed, notarized agreement between miner and landowner as required by this document.
Previously mined sites under the old $25.00 permit fee that are active, shall have a current permit 60 days after passage of this ordinance according to the adopted fee schedule by the Washington Parish Council in July 2008.
Permits are to be renewed annually and are good for the permitted site as long as the site is actively mined. If a site is idled for more than a year and the permit is not renewed or lapses, before mining activity starts or resumes, the site will be required to be re-permitted at the new requirements set forth under this ordinance.
Penalties will apply to all mining violations regardless of type and are set forth in this ordinance and in the fee schedule previously adopted by the Washington Parish Council in July 2008.
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