§ 2.2. Specific words used in this regulation.

2.201.  Accessory building and use: Structures and uses (such as private garages and sheds) customarily incidental to and on the same lot with a permitted use. An accessory use is one which is incidental to the main use of the premises.

2.202.  Alley: A minor right-of-way, dedicated to public use, which gives a secondary means of vehicular access to the back side of properties otherwise abutting a street, and which may be used for public utility purposes.

2.202.5.  Bed and breakfast: The renting of a room and/or rooms by a person or persons domiciled in said residence to a person or persons for temporary residential tourist lodging for a time period, per tourist, not to exceed one consecutive week. This use shall allow the serving of breakfast to each tourist, commonly associated with similar bed and breakfast facilities. In no way shall this allow the serving of more than one meal a day and/or the occupancy of this facility by permanent boarders. This permitted use is contingent upon the owners of this facility providing a minimum of one offstreet parking space per room offered for rental, and further contingent upon compliance with any and all subdivision restrictions that are applicable for the location of this facility. [A] bed and breakfast facility shall not contain more than three rooms for rent, and each room shall not contain more than two beds.

2.203.  Block: A tract of land bounded by dedicated streets.

2.204.  Building: Any structure, either temporary or permanent, having a roof or other covering, and designed or used for the shelter or enclosure of any person, animal or property of any kind, including tents, awnings or vehicles situated on private property and used for purposes of a building.

2.205.  Carport: A shelter for one or more vehicles which is not fully enclosed by walls and one or more doors.

2.206.  Carwash: A lot on which motor vehicles are washed or waxed, either by the patron or by others, using machinery specially designed for the purpose.

2.207.  Church: A building wherein persons regularly assemble for religious worship which is used only for such purpose and those accessory activities as are customarily associated therewith.

2.208.  Clinic: A place where medical or dental care is furnished to persons on an outpatient basis by four or more doctors or dentists.

2.209.  Commercial vehicle: Any motor-driven truck or vehicle designed to carry freight or more than eight passengers, not to include passenger cars and pickup trucks bearing commercial license plates.

2.210.  Dancehall: A cafe, restaurant, or other business or commercial place where dancing is done to music.

2.211.  [Dwelling unit:] One or more rooms in the same structure, connected together and constituting a separate, independent housekeeping unit for permanent residential occupancy and with facilities for sleeping and cooking.

2.212.  Dwelling, single-family: patio homes:

(a)

Dwelling, single-family. A detached building containing one dwelling unit and used exclusively by one family.

(b)

Patio home. A small one-story, single-family dwelling usually featuring a rear or side patio. Typically, sliding glass doors enter to the patio. Patio homes are designed for narrow lots and small or no yards.

2.213.  Dwelling, two-family: A detached building containing two dwelling units and used by two families living independently of each other. The term includes duplexes.

2.214.  Dwelling, multiple-family: A detached building containing three or more dwelling units and used by three or more families living independently of each other; the term includes apartment house.

2.215.  Family: One or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single culinary facilities, or a group of not more than four persons living together by joint agreement and occupying a single housekeeping unit with single culinary facilities on a nonprofit, cost-sharing basis. Domestic servants residing on the premises shall be considered as a part of the family.

2.216.  Garage: A fully enclosed building for the storage of motor vehicles, not including buildings in which fuel is sold or repairs or other services are performed.

2.217.  Garage apartment: A living unit for not more than one family erected above a garage; however, for the purpose of this ordinance, similar construction above a garage used for any accessory use will be considered the equivalent of a garage apartment.

2.218.  Height of building: The vertical distance from the grade to (a) the highest point on a flat roof; (b) the deck line of a mansard roof, or (c) the mean height between eaves and ridge for gable, hip, and gambrel roofs.

2.219  Home occupations:

(1)

Intent of regulations. The intent of the home occupation regulations is to allow for home occupations that are compatible with the neighborhood in which they are located. They insure both the compatibility of home occupations with other uses permitted in residential districts and that permitted home occupations are incidental and secondary to the use of a dwelling as a residence. The regulations provide for the maintenance and preservation of the residential character of neighborhoods. They also promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they are planned and constructed, rather than commercial uses.

(2)

Purpose. The city defines a home occupation as a business, profession, occupation, or trade conducted for financial gain or profit and located entirely within a residential dwelling. Such use is accessory, incidental, and secondary to the use of the dwelling for residential purposes and does not change the residential character or appearance of the dwelling.

(3)

General standards and guidelines. Home occupations are regulated by performance standards aimed at limiting the potential impact of the home occupation on surrounding residential uses. The following may be considered as significant in the issuance of a home occupation license as these standards have an impact on residential dwellings: traffic, parking, size of areas dedicated to home occupations, employees, limitation on retail sales, amount of waste products produced and outside storage of materials, along with other safeguards necessary to maintain the integrity of the surrounding residents. Some of the general regulations and conditions are:

a.

Applicability. The regulations set forth for home occupations shall apply to all residential dwelling units, irrespective of the zoning district. Should a residential use in the commercial or industrial fail to meet the conditions necessary to qualify as a home occupation, it is then considered a full commercial business and must comply with all regulations covering commercial establishments. These regulations do not apply to land uses, which require conditional use permits in residential zones, which must go through a separate conditional use permit process.

b.

Altered. Dwellings used for home occupations may not be altered in such a manner that would change the residential character of the property.

c.

Equipment and motor vehicles. Semitractors without the trailer unit may not be parked on the street right-of-way. Mechanical equipment associated with the home occupation shall be stored or contained within the dwelling unit or an accessory building.

d.

Goods. Goods associated with a home occupation cannot be visible from or stored outside the structure used for a home occupation.

e.

Hours of operation. All outdoor activities associated with the on-site home occupations, and all activities including traffic shall be limited to the hours of 8:00 a.m. to 7:00 p.m.

f.

Inspection. The City of New Iberia hereby reserves the right upon issuing any home occupational license to inspect the premises in which the occupation is being conducted to insure compliance with the provision of this section or any conditions additionally imposed.

g.

Licenses issued. Only one license shall be issued per dwelling for home occupations at the premises stated in the application.

h.

Parking. Any parking incidental to a home occupation, whether for customers or employees, shall be provided on the site and must be improved. The street right-of-way may not be used for temporary parking by employees on an off-site occupation. Home occupations that do not see customers at the residence need not provide additional on-site parking spaces.

i.

Prohibited.

1.

Conducting any home occupation without a valid home occupational license.

2.

Failure to comply with any of the conditions of a home occupational license.

j.

Revocation of license. The Certified Building Official may modify or revoke the home occupational license of any person on the grounds of noncompliance with the general conditions or upon noncompliance with any additional conditions imposed by the Certified Building Official or New Iberia Board of Adjustment.

k.

Signage. No signs are allowed.

l.

Time limit. All home occupational licenses shall be valid from the initial date of approval until December 31 of the current year and, thereafter each calendar year.

m.

Total area. The total area used for such purpose shall not exceed 25 percent of the gross floor area of the combined dwelling unit.

n.

Traffic. A home occupation cannot create significantly greater vehicle or pedestrian traffic than normal for the residential district.

o.

Transferability. Home occupational licenses shall not run with the land and shall not be transferable.

p.

Use of the dwelling. The home occupation shall be clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and not change the residential character thereof.

q.

Use or storage. There shall be no exterior storage of materials incidental to the home occupation on the site of the home occupation. Home occupations cannot involve the use or storage of explosives or combustible materials. No activity is permitted that interferes with radio or television transmissions, or creates any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

r.

Voiding of license. The Certified Building Official may void any home occupational license for non-compliance with the criteria set forth in this article. Revocation may take place at any time prior to expiration date of the license. If the license is revoked or is not renewed, it becomes null and void and said use shall be terminated.

(4)

Class "A" (no sales, no traffic) home occupational license. Class "A" occupations are approved and issued by the Certified Building Official of the City of New Iberia's Permit and Inspection Office and permitted in any dwelling as a use by right, provided all requirements are met. The home occupation may be operated by one or two persons, all family members and all who reside within the dwelling. (Examples include, but are not limited to, architect, attorney, bookkeeper, graphics designer, web-site designer, real-estate agent, artist, geologist, and accountant.)

a.

Applicant appeals. Whenever an application for an occupational license is denied by the Certified Building Official, any party aggrieved by any decision may, within 30 days, appeal that decision to the New Iberia Board of Adjustment along with a written notice of appeal including a fee of $100.00 with the Permit and Inspection Department for a public hearing. At such hearing, the applicant may appear and speak on his own behalf. The New Iberia Board of Adjustment may uphold, rescind, or modify the decision of the Certified Building Official.

b.

Neighboring property owner appeals. Adjacent or adjoining property owners for the proposed home occupational license location, within 30 days after the license has been granted, may file a written objection to the home occupation through the City of New Iberia's Permit and Inspection Office. The applicant's home occupational application shall be reviewed according to the requirements set forth in this Ordinance. Based on the Building Official's review, the claim including a $100 filing fee may be submitted to the New Iberia Board of Adjustment for final resolve.

(5)

Class "B" home occupational license. : "Class B" occupations shall be determined by the Certified Building Official and must be granted a class "B" home occupational license from the New Iberia Board of Adjustment. Occupations are limited to single-family dwellings, and are permitted with two individuals, one being a family member and one full-time nonresident employee, or two family members. The director of planning shall initiate a public hearing; notify adjacent or adjoining property owners. Examples include, but are not limited to, day care center with six children or less, lawn service, repairs (television or electrical), physician, dentist, cosmetician.

a.

Applicant appeals. Whenever an application for an occupational license has been denied by the New Iberia Board of Adjustment, any party aggrieved by any decision of the board may, within 30 days after the filing of such decision in the office of the commission, present to the District Court of the Parish of Iberia a petition for a writ of certiorari asking for relief as provided in R.S. 33:4727.

b.

Revocation of the home occupational license. Should it be determined that the property for which such license has been granted is being used in a manner other than that for which it is permitted, or for which the license was specifically granted, upon notification from the City of New Iberia, this license is immediately rescinded and such use shall cease immediately, and the property owner will be assessed a $500.00 fine. For each additional day the violation continues, an additional $500.00 fine may be applied. In addition to the fine, all court costs, attorney's fees and related expenses should be the responsibility of the property owner.

2.220.  Hotel: A structure designed, used or offered for residential occupancy for any period less than one month, including tourist homes and motels, but not including hospitals or nursing homes.

2.221.  Junkyard: An open area where waste, used or secondhand materials are brought and sold, exchanged, stored, baled, packed, disassembled, or handled, [including] but not limited to scrap iron, automobiles, and other metals, paper, rags, rubber tires, and bottles.

2.222.  Lot: A parcel of land occupied by, or which may hereafter be occupied by, a building and its accessory buildings, together with such open spaces and parking spaces as are required under this ordinance, and having its principal frontage on an officially approved street or place.

2.223.  Lot line: The lines bounding a lot as defined herein:

(a)

Front lot line: In the case of an interior lot, that line separating said lot from the street. In the case of a corner lot, or double-frontage lot, "front lot line" shall mean that line separating said lot from that street which is designated as the front street in the plat and in the application for a zoning compliance permit.

(b)

Rear lot line: That lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line not less than ten feet long farthest from the front lot line and wholly within the lot.

(c)

Side lot line: Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

2.224.  Lot of record: A lot which is part of a subdivision, the map of which has been recorded in the office of the clerk of court of Iberia Parish; or a parcel of land which became legally established and defined by deed on or before the date of adoption of this ordinance.

2.225.  Main building: A building in which is conducted the main or principal use of the lot on which said building is located.

2.226  Mobile homes or manufactured homes and modular homes.

(a)

Any vehicle or similar portable structure mounted or designed for mounting on wheels, used or intended for use for dwelling purposes, including structural additions, except parked and unoccupied recreational camping-type trailers. Any such vehicle or structure shall be deemed to be a mobile home whether or not the wheels have been removed therefrom, and whether or not resting upon a temporary or permanent foundation. For the purpose of this zoning ordinance, a mobile home is not considered single-family residence. As such, it is not permitted for use or occupancy in any zoning district other than R-6 (mobile home park).

(b)

Modular homes are built using all of the same characteristics of a conventionally built home including the use of the Structural Insulated Panels or SIPs and are classified as real property. They are not built on frames, instead are built using engineered lumber and/or truss systems designed to meet or exceed the International Residential Codes (IRC) and International Building Codes (IBC) as well as all local and State of Louisiana codes. Homes are delivered by a specifically designed trailer and once the modular structure has reached its destination, is set in place either by crane or rail system. The homes can be set either on pier or beams, chain wall or slab. Since there is no tongue, axles or frame to remove, the home is considered a permanent structure. Modular homes can be built utilizing designs that are intended to reflect all characteristics of the neighborhood while provided for modest, high quality houses. The purchase, conveyance, and financing (or refinancing) of the property, which must be evidenced by a valid and enforceable first lien mortgage or deed of trust that is recorded in the land records, must represent a single real estate transaction under applicable State of Louisiana law.

2.227  Mobile home park: Ten or more mobile homes located on the same lot of ground occupying such spaces as required by this ordinance, and section 3.8 R-6 Mobile home park district.

2.228.  Nonconforming use: A land lawfully used, and/or structure legally existing and/or used, at the time of adoption of this ordinance, or any amendment thereto, which does not conform with the height, lot area, yard requirements, or use regulations of the district in which it is located.

2.229.  Parking space: One automobile parking space shall be an area not less than nine feet by 20 feet and the access to the parking space from a public street or alley shall be provided in addition to the space necessary for the parking.

2.230.  Setback: The minimum distance away from a property line where buildings may be constructed, [or] a building line, usually a line parallel to the front property line.

2.231.  Townhouse: Two or more attached living units with common or party side walls between units, designated so that each unit may be sold independently as a lot with its own yards and parking spaces.

2.232.  Trailer, travel: A vehicular, portable structure built on a chassis designed as a temporary dwelling for travel, recreational use, and vacant, and is not connected to utilities. A travel traveler is not to be considered a mobile home and shall not be used within the city limits for the purpose of temporary or permanent dwelling, and no utility or sewer tie-ins will be permitted.

2.233.  Variance: A modification from the provisions of this regulation by the Zoning Commission in cases when enforcement of its provisions would result in unnecessary hardship.

2.234.  Yard: The area between any lot line and the setback required therefrom.

2.235.  Fixit shops: This term as applied to the ordinance shall include the business operations of occupations herein specified as follows:

Electronic and appliance repairs;

Furniture upholstery and repairs;

Lawn mower repair of mower size not to exceed a dryweight of 1,100 pounds with a maximum of 18 hp, hand tools and bicycle repair;

Electric driven air compressor and electric motor repair (rewinding or dipping of windings is prohibited).

(Gen. Ord. No. 389, § 3, 8-2-88; Ord. No. 485-95, § 1, 8-15-95; Ord. No. 2005-12, § 1, 9-20-05; Ord. No. 2006-3, § 1, 4-18-06; Ord. No. 2007-06, §§ 1, 2, 3-20-07; Ord. No. 2007-09, §§ 1—3, 6-19-07; Ord. No. 08-01, § 1, 1-22-08; Ord. No. 2009-05, § 2, 7-28-09)

Editor's note— Ord. No. 2006-3, § 1, adopted April 17, 2006, added a definition for trailer, travel, numbered 2.232 to the Code. Inasmuch as §§ 2.232—2.234 already existed, they were redesignated as 2.233—2.335 at the editor's discretion to accommodate the new definition and maintain the alphabetic and numeric sequence of the definitions.

Previously, § 3 of Gen. Ord. No. 389, adopted Aug. 2, 1988, added § 2.234, which the editor renumbered as § 2.202.5, also to maintain the alphabetical sequence of the definitions.