§ 2. Definitions.

Accessory Structure or Use. A structure or use which:

(1)

Is subordinate to and serves a principal structure or use;

(2)

Is subordinate in area, extent and purpose to the principal structure or use served;

(3)

Is located on the same lot as the principal structure or use.

Agriculture Use, Small Scale. Premises primarily devoted to the cultivation or storage of plants such as flowers, shrubs and trees intended for ornamental or landscaping purposes and if sold or transferred to others, sold or transferred off site; or premises primarily devoted to the cultivation of agricultural products grown in regular or scattered patterns intended to provide food for direct human consumption and if sold or transferred to others, sold or transferred off site. Excluded are such crops as field, forage, and other plant crops not intended to provide food for direct human consumption. Items included in the list of permitted cultivation or storage uses shall be collectively termed "permitted crops" herein. Specifically excluded uses include, but are not limited to: animal production, animal waste processing, aquaculture, packing and processing.

Arterial Street (Major & Minor). Those streets designated as Arterials in Appendix B* to this ordinance.

Appendix B to Ord. No. 541, is not set out herein, but on file with the city as an attachment to Ord. No. 541.

Bar. An establishment for the primary purpose of which is the service of and on-premises consumption of alcoholic beverages.

Board of Adjustment. The Sulphur Board of Zoning Adjustments created under R.S. 33:4727 et seq., which shall have the powers provided for by Louisiana law and as may be provided for in the ordinance, Zoning of the City of Sulphur Code of Ordinances.

Buffer. An area established in order to protect and separate one land use from another.

Collector Street. Those streets designated as collectors in Appendix B to this ordinance.

Commencement of Construction. The physical improvement of land in accordance with a permit issued by the City of Sulphur, provided that the improvements are of a form and character which are not reasonably usable for development other than that authorized by the issued permit.

Commission. The Planning Commission of the City of Sulphur. (See Article III, Part 1, Section 1)

Common Structure. A structure, such as a garage, tool shed, or recreational facility used by more than one resident in a planned development or manufactured housing development.

Community Home. A dwelling unit that provides housing for 6 or fewer mentally retarded individuals with no more than two live-in staff.

Corner Lot. A lot abutting the intersection of two or more streets.

Day Care Center and Nursery. An establishment for the care and nurture of pre-school children.

Dbh. The diameter of a tree, stem or trunk measured five (5) feet from the ground.

Density. The number of dwelling units per unit of land.

Development. The use of land including change or enlargement of any use or disturbance of any land and performance of any building or mining operation.

Development Approval. Any approval of development granted by a decision making body, department or other person authorized to grant approvals under the provisions of this ordinance.

District. A geographic area of the City designated in Article IV of this ordinance for specified regulations governing the use of land.

Dwelling. Any structure or portion thereof which is designated or used for residential purposes.

Dwelling, Single Family Detached. An individual dwelling unit in a structure which is not physically connected with any other dwelling unit.

Dwelling Unit. Any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family.

Entertainment Uses. Establishments which provide opportunities or environments for social relaxation or pleasure, which may include the sale of food and alcoholic beverages.

Family. One or more persons related by blood, marriage, adoption or guardianship, the occupants of a community home for mentally challenged individuals, or not more than four persons not so related occupying a dwelling unit and living as a single housekeeping unit shall be considered a family. Notwithstanding any other provision of this section, this definition does not include individuals required to be assembled under one living unit for the purpose of drug or substance abuse rehabilitation or persons assigned to same as the result of criminal activity.

Finished Grade. The completed surfaces of lawns, walks and roads brought to grade as shown on development plans relating thereto.

Floor Area. The sum of the gross horizontal areas of the several floors of the main building but not including the area of roofed porches, terraces, or breezeways. All dimensions shall be measured between exterior faces of the walls.

Floor Area Ratio (FAR). The ratio of floor area of a building to the area of a lot.

Frontage. Points of contact of a lot along a public street.

General Retail Sales and Service Establishment. An establishment for the sale of goods, commodities and services to ultimate consumers or users.

Gross Leasable Area (GLA). That portion of the floor area of a building which is amenable to actual non-residential use, including the storage of goods and material.

Height. The vertical distance of a building measured from the average elevation of the proposed finished grade to the highest point of the roof for flat roofs, to the deck line of a mansard roof, and the mean height between eaves and ridges for gable, hip and gambrel roofs. For structures, the vertical distance measured from average finished grade to its highest point; provided, however, that no height limitation in this ordinance shall apply to any of the following structures: silos, barns, and other agricultural structures; church spires; cupolas, domes; monuments; water towers; smoke stacks; antennas; derricks; flag poles; masts; solar energy facilities; and similar structures required to be placed above the roof level and not intended for human occupancy.

Home Business. A home occupation involving no more than 1 non-resident employee, permitted under the provisions of Article IV, Part 2, Section 6.

Home Occupation. A business, profession, occupation or trade conducted within the principal structure of a residential use by a resident of the dwelling which is incidental and secondary to the residential use of the dwelling, does not change the essentially residential character of the use and which complies with the requirements of Article IV, Part 2, Section 6.

Hotel or Motel. A building in which lodging or temporary living accommodations are provided or offered to the general public.

Industrial Use. The manufacture, assembly, or fabrication of goods and materials.

Institutional Use. Any land used for hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities and clinics, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; cultural, eleemosynary facilities and other similar uses.

Interstate Highway. Roadways designated as interstate highways in Appendix B* to this ordinance.

Appendix B to Ord. No. 541, is not set out herein, but on file with the city as an attachment to Ord. No. 541.

Kennel. A facility for the care or boarding of animals which is operated for economic gain or the keeping of more than three (3) dogs over six (6) months of age outside the principal building.

Land. The earth, water and air, above, below or on the surface including any improvements or structure customarily regarded as land.

Landscaping. The installation of plant material or seed as a part of development.

Local Street. Those streets designated as local in Appendix B to this ordinance.

Lot. A parcel of land occupied or intended for occupancy by an individual use including one main structure together with any accessory structures, yards, open spaces, buffer area and parking spaces.

Lot of Record. A recorded platted lot or parcel of land which became legally established as a lot by deed or act of sale prior to the adoption of this ordinance.

Lot Lines. The lines forming the outer boundary of a lot.

Front lot line. The line separating the lot from a public street. On a corner or through lot, the line separating the lot from the street designated as the "street address" for the structure.

Rear lot line. The lot line opposite the front lot line.

Setback line. A line which marks the minimum distance a structure must be located from the property line and establishes the minimum required front, side or rear yard space of a building.

Side lot line. Any lot line other than the front lot line or rear lot line.

Manufactured Homes. Homes built entirely in the factory, transported to the site, and installed under a federal building code administered by the U.S. Department of Housing and Urban Development (HUD). The Federal Manufactured Home Construction and Safety Standards (commonly known as the HUD Code) went into effect June 15, 1976. The federal standards regulate manufactured housing design and construction, strength and durability, transportability, fire resistance, energy efficiency and quality. The HUD Code also sets performance standards for the heating, plumbing, air-conditioning, thermal and electrical systems.

Manufactured Housing/Mobile Home. Dwelling units that are constructed at a plant or facility on a production line basis which are delivered to the site as an assembled unit on a chassis and designed to be connected to utilities for year-round occupancy as a dwelling.

Manufacturing Uses. The assembly or fabrication of goods and materials which does not involve excessive use or storage of toxic, hazardous or highly flammable materials.

Mobile Homes. Manufactured homes produced prior to June 15, 1976, when the HUD Code went into effect.

Modular Home. Factory-built homes that are built to the state or local building code where the home will be located. Modules are transported in one or more pieces and installed on the intended site of use.

Neighborhood Commercial. A commercial use providing products and services primarily intended for the use or consumption of inhabitants of the immediate neighborhood.

Nonconforming Lot of Record. A platted lot which does not comply with the lot size requirements of the land use district in which it is located.

Nonconforming Structure. Any structure which was lawful on the effective date of this ordinance, but which does not comply with all the standards and regulations of this ordinance or any amendment thereto.

Parcel. Any quantity of land capable of being described with such definitiveness that its location and boundaries may be established and which is designed by its owner as land to be used as a unit.

Person. An individual, corporation, public agency, business, trust, partnership, association, two (2) or more persons having a common interest, or any other legal entity.

Public Use. Any use operated by an agency of government which provides a direct service to the public including police, fire, library, and recreational services.

Recreational Facilities. Any facility which provides recreational opportunities, such as tennis clubs, health clubs, or golf clubs.

Recreational Facilities, Intensive. A recreational facility which may impact the surrounding area in terms of traffic and noise, such as swimming, tennis and health clubs, or go-cart tracks.

Recreational Facilities, Low-Intensive. A recreational facility which has minimal impacts on the surrounding area, such as golf courses, parks, campgrounds and which use has ten (10) percent or less coverage of the parcel by impervious surfaces.

Regulated Development. The use of land, including the change or enlargement of any use or disturbance of any land and the performance of any building or mining operation which has the characteristics, nature, suggestion or appearance of a development containing publicly owned and maintained infrastructure within its boundaries. Regulations for regulated development are included in the ordinance governing subdivisions.

In addition to any development having the previously described characteristics, the following shall be considered a regulated development:

1.

A development which includes a drive providing access to two or more structures which are not accessory structures.

2.

A development which includes a utility providing services to two or more structures which are not accessory structures.

3.

A development which includes drainage infrastructure providing services to two or more structures which are not accessory structures.

Residential Use. A dwelling with permanent housekeeping facilities.

Restaurant. Any establishment whose primary purpose is the service of food for consumption on or off the premises.

Schools. Any land used for educational facilities including universities, colleges and elementary, secondary and vocational schools.

Sign. Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, elimination or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state or city, or any political, fraternal, religious or civic organizations; merchandise, pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.

Sight Triangle. See Article IV, Part 2, Section 2.

Structure. A combination of materials constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.

Street. Public ways which have been dedicated or otherwise set aside or deeded for public use.

Traffic Generation Rates. The average daily trips generated per unit of land, as follows:

1.

Residential dwellings - 8 per dwelling unit.

2.

Schools - 1 per student or 20 per 1,000 square feet of gross floor area;

3.

Neighborhood commercial - 150 per 1,000 square feet of gross floor area;

4.

Restaurants (sit down) - 75 per 1,000 square feet of gross floor area.

5.

Restaurants (fast food or take out) - 500 per 1,000 feet of gross floor area;

6.

Bars - 150 per 1,000 square feet of gross floor area;

7.

General retail and service establishments - 50 per 1,000 square feet of gross floor area;

8.

Offices - 55 per 1,000 feet of gross floor area;

9.

Wholesale and warehousing uses - 6 per 1,000 square feet of gross floor area;

10.

Manufacturing - 5 per 1,000 square feet of gross floor area;

11.

Entertainment uses - 30 per 1,000 square feet of gross floor area;

12.

Hotels and motels - 10 per room; and

13.

Kennels - 20 per 1,000 square feet of gross floor area.

In lieu of the rates set out herein any person may submit updated counts from the Institute of Traffic Engineering or authenticated local figures for approval by the Land use Administrator.

Travel Trailer/Motor Home. A Travel Trailer/Motor Home is a self-contained unit built on a chassis and designed to be independently driven and/or pulled behind a vehicle and primarily used for recreational purposes.

Truck Stop. Those facilities which are designed primarily for serving eighteen wheel tractor-trailer motor vehicles and sells fuel, lubricating oil and other vehicular merchandise, such as batteries, ties or vehicle parts for eighteen-wheel tractor-trailers, and which may also meet the criteria of the State of Louisiana (in LA R.S. 33:4862.1 et seq.,) for the placement of video poker gaming facilities within said development.

Variance. A permission to deviate from the height, bulk, setback, parking or other dimensional requirements established by this code, when because of special circumstances applicable to the property, strict application of the provisions herein deprive such property of privileges enjoyed by other property in the vicinity that is under the identical zoning.

Yard. An open space at grade between a building and the property line of the lot on which the building is located, unoccu pied, and unobstructed from the ground upward, except for required parking or as otherwise expressly permitted in this ordinance.

Yard, Front. A yard extending across the front of a lot between the side lot lines. On corner lots, the front yard shall face the street on which the lot has its similar dimension.

Yard, Rear. A yard extending across the rear of a lot between the side lot lines. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, Side. A yard between the side lot line and permitted buildings.

Land Use Certificate. A certificate from the Land use Administrator indicating that an existing or proposed use complies with the provisions of this ordinance. (See Article III, Part 2, Section 2)

Land Use Administrator. The Director of Public Works of the City of Sulphur.

(Ord. No. 747, 12-11-06; Ord. No. 777, 5-14-07; Ord. No. 811, 10-9-07; Ord. No. 869, 7-14-08; Ord. No. 897, 11-10-08; Ord. No. 902, 1-12-09; Ord. No. 977, 5-10-10; Ord. No. 1014, 12-13-10; Ord. No. 1101, 12-10-12; Ord. No. 1250, 10-14-14)