[R.O. 2008 §405.150; Ord. No. 02-2007, 4-9-2007; Ord. No.
24-2007 §12, 12-13-2007]
A.
Within
the "R-1" Dwelling Zone, the following shall apply:
1.
Permitted uses.
b.
Any of the following uses:
(1)
Bed and breakfast.
(2)
Boarding or lodging units shall provide:
(a)
No less than one hundred (100) square feet of floor space per
bedroom;
(b)
No more than (2) occupants per single room unit;
(c)
Each single room unit shall be provided with separate and private
bathroom facilities;
(d)
If kitchen facilities are provided, such shall be provided as
a separate room from the sleeping quarters and shall be adequately
ventilated and no less than one hundred twenty (120) square feet of
floor space in size.
(3)
Apartment/house complex.
c.
Schools, churches, hospitals and accompanying building and/or structures.
d.
Signs as permitted by the City of Louisiana Municipal Code.
e.
Home gardens and orchards.
f.
Private and public swimming pools.
g.
Home occupations which are clearly incidental to and compatible with
the residential character of the neighborhood will be permitted in
any residential zone, however, in order to maintain the residential
character of the neighborhood, promote peace, quiet and freedom from
excessive noise, excessive traffic, nuisance, fire hazard and other
possible effects of commercial or retail uses being conducted in residential
areas, all home occupations must meet the following requirements and
restrictions:
(1)
Any property owner of record desiring to have a home occupation
must first present to the City Administrator appropriate plans detailing
how the dwelling will be used or altered to accommodate the use.
(a)
When the plans are submitted, the City Administrator may request
entry to determine if the proposed property can meet all the restrictions
detailed in this Section for the proposed use.
(b)
Thereafter, by providing a written request or whenever any permit
or license is to be renewed, the dwelling may be inspected to determine
how it has been altered to accommodate the stated use and to insure
compliance with all the restrictions detailed in this Section.
(2)
Upon approval by the City Administrator and prior to commencing
any home occupation activities, the operator must secure all required
licenses, permits, etc., to conduct that kind of occupation.
(3)
Authorization. No home occupation shall be
permitted in any residence until a business license pursuant to the
Municipal Code of the City of Louisiana has been obtained. Subject
to the terms of this Section, any home occupation use as permitted
by this Section, that is clearly secondary and incidental to a principal
use of the residence as a dwelling unit, shall be permitted.
(4)
Purpose of regulation. Home occupations shall
be regulated so as to:
(a)
Ensure compatibility of home occupations with all uses permitted
in residential zones.
(b)
Promote the health, safety and general welfare of residential
neighborhoods by preventing excessive noise, traffic, nuisances, fire
hazards and other adverse effects of unregulated home occupations.
(c)
Establish standards for home occupations in residential units.
(5)
Use limitations. No home occupation shall be
allowed where a likelihood exists that such use would negatively impact,
interfere or conflict with the character, peace, good order and safety
of the neighborhood in which it is located. No exterior alteration
of the residential appearance of the premises shall be made, including
the creation of a separate entrance to the dwelling exclusively for
the home occupation. In addition to any other use limitations applicable
to the zone in which the home occupation is located, no home occupation
shall be permitted unless it complies with the following provisions:
(a)
A home occupation's on-site activity shall be conducted entirely
within the confines of the residence and shall be clearly incidental
to the use of the residence.
(b)
Home occupations shall comply with all local, County, State
and Federal regulations and the requirements of this Section shall
not be construed as an exemption from such regulations.
(c)
A home occupation's on-site activity shall be conducted solely
by the owner of record or members of the immediate household lawfully
residing within the residence.
(i)
If the home occupation employs persons to work at other locations,
the dwelling unit shall not be used as an assembly point for any employees
who may work at sites outside of the dwelling.
(d)
No more than twenty percent (20%) of the total combined enclosed
living space of a dwelling unit, including garage, may be used for
home occupations.
(i)
The Council may allow more than twenty percent (20%) of the
total floor area of the dwelling unit and garage to be devoted to
the home occupation but in no case will more than forty percent (40%)
be considered or result in the elimination of any required parking.
(e)
There shall be no alteration to the exterior of the residential
dwelling in connection with the home occupation use permitted. Minor
alterations to the interior to accommodate the home occupation may
be permitted.
(f)
The home occupation use shall not generate traffic in volumes
greater than would normally be expected in a residential neighborhood.
The home occupation shall not use commercial or business vehicles
to make deliveries to or take finished products from the dwelling
unit more than four (4) times per week.
(i)
For purposes of this Section, the normal volume of traffic generated
by a single-family dwelling shall be defined as twelve (12) vehicle
trips to and/or from the dwelling unit per twenty-four (24) hour period.
(ii)
No commercial or business vehicle used in connection
with the home occupation's residential setting shall be rated greater
than three quarter (¾) ton.
(iii)
The loading and unloading of materials and/or
merchandise that requires more time than fifteen (15) minutes shall
be accomplished completely off the street.
(g)
All parking generated in connection with a home occupation shall
be accomplished completely in off-street parking spaces and at no
time shall a home occupation require or utilize any on-street parking
whatsoever, except as permitted by Subparagraph (f)(iii) of this Section.
(h)
No equipment or process shall be used in a home occupation that
creates excessive noise, vibration, glare, fumes, obnoxious odors,
heat discharge, pollutant discharge, electrical interference or fluctuations
in line voltage detectable to normal sensory perception outside the
structure or any other hazard that may be detrimental to the health,
safety, peace, comfort and general welfare of persons in the City
of Louisiana.
(i)
Notwithstanding anything in the Louisiana City Code to the contrary,
no advertising, identification or business exterior displays or signs
are permitted on any residential premises, except a single sign attached
flat to the structure, such sign shall be no larger than one (1) square
foot in size and shall not be illuminated.
(j)
Except for "home crafts" or "home party sales", there shall
be no goods, materials or commodities sold from inventory on the premises
or displayed for sale on the premises.
(k)
There shall be no regular or steady visitation or concentrated
coming and going of clients to or from the premises.
(l)
There shall be no exterior storage of equipment, commodities,
inventory or material used in connection with the home occupation.
(m)
No toxic, explosive, flammable, combustible, corrosive, radioactive
or other restricted materials may be used or stored on the site for
use in the home occupation, except up to a total of ten (10) gallons
of flammable and/or combustible products commonly found in residential
neighborhoods may be stored and used in the dwelling.
(n)
The home occupation's on-site activity shall be conducted entirely
within the dwelling unit or garage and no stock in trade shall be
displayed or visible from outside the dwelling or stored outside of
any building, nor shall any raw materials, tools or appliances or
waste products be stored outside of any building.
(6)
Permitted home occupations. Customary allowable
home occupations may include, but are not limited to, the following
list of occupations to the extent that such occupations are consistent
with this Section.
(a)
Dressmakers, seamstresses, tailors.
(b)
Music teachers, provided that instructions shall be limited
to one (1) pupil at a time.
(c)
Artists, sculptors, authors, composers.
(d)
Architects, engineers, lawyers, realtors, insurance agents,
brokers and members of similar professions.
(e)
Salesmen, sales representatives or manufacturers' representatives,
only when no retail or wholesale sales are made or transacted on the
premises for goods, products or materials displayed, warehoused or
stored on premises. Catalogue sales for goods, products or materials
not inventoried, warehoused or stored on the premises are permissible.
(f)
Home crafts such as model making, rug weaving, lapidary work,
cabinet making, etc., provided that no machinery or equipment be used
or employed other than that which would customarily be found in the
home shop in connection with a hobby or a vocation not conducted for
gain or profit.
(g)
Babysitting not more than four (4) children.
(h)
Home party sales (Amway, Mary Kay, Avon, etc.), such home party
sales shall be restricted to no more than one (1) per week.
(i)
Service providers based at the residence but perform the service
elsewhere shall be permitted to use the residential address on the
business license.
(j)
Repair services (electric appliance, clock, watch, computer,
TV, etc.).
(7)
Prohibited home occupations. Permitted home
occupations shall not include any business, occupation, service or
profession that is otherwise provided for elsewhere by this Section
or one that requires any form of special license or special inspection
or one that specifically requires the granting of a Conditional Use
Permit by this Chapter. As used in this Section a "special
license" shall be deemed to be any license other than the
standard business license issued by the City of Louisiana; and "special inspection" shall be deemed to be one that is required
by the State of Missouri. In no circumstance shall a home occupation
be deemed to include:
[Ord. No. 23-2018, 11-26-2018]
(a)
Dancing schools.
(b)
Funeral homes.
(c)
Nursery schools and child or adult day care centers.
(d)
Restaurants or other food services.
(e)
Stables, kennels or animal hospitals.
(f)
Medical or dental offices or clinics involving the treatment
or counseling of patients, including chiropractors, veterinarians,
podiatrists, etc.
(g)
Bed and breakfast, boarding or lodging units, rooming houses
or apartment house/complex.
(h)
Motor vehicle repair or services.
(i)
Beauty salon, hair salon or barbershop.
(j)
Tattoo parlors.
(8)
Home occupations that do not or cannot meet the restrictions
and requirements listed in this Section or should a property owner
desire an exemption from the restrictions and requirements listed
in this Section, such property owner shall be required to obtain a
Conditional Use Permit allowing such exemption. The Board of Adjustment
shall consider only those occupations listed in this Section for granting
a Conditional Use Permit to the restrictions and requirements listed
in this Section.
[Ord. No. 23-2018, 11-26-2018]
(10)
Abatement.
(a)
First (1st) offense. Any home occupational
use which at any time or any reason does not comply with the above
or any other specifications and/or restrictions, regulations or conditions
imposed by the City Council for any home occupational use shall immediately
upon notification of such non-compliance cease operation of such home
occupational use until such time as it shall be determined by the
appropriate City authority that such non-compliance has been abated
and no longer exists.
(b)
Second (2nd) offense. Shall result in the complete
withdrawal of the home occupation business license and such license
not be renewed, nor shall such use be reinstated.
i.
Group homes. No group home shall be located within
two thousand five hundred (2,500) feet of another group home. The
exterior appearance of the home and property shall be in reasonable
conformance with the general neighborhood standards. Group homes shall
be eleemosynary or not-for-profit in nature.
[R.O. 2008 §405.160; Ord. No. 02-2007, 4-9-2007; Ord. No.
14-2008 §1, 7-24-2008]
A.
Within
the "R-2" Dwelling Zone, the following shall apply:
1.
Permitted uses.
a.
Any use permitted in the "R-1" Dwelling Zone.
b.
c.
Temporary buildings and uses for construction purposes.
e.
Travel trailer or recreational vehicle for temporary residential
dwelling purposes: One (1) trailer or vehicle per lot; applies to
vacant lots only; requires permit from City Administrator after determination
of compliance with requirements of Building Codes; permit may be issued
for a duration of eighteen (18) months and may be renewed and upon
permit expiration, trailer or vehicle shall be removed; permit review
and approval herein specified shall be in lieu of requirements for
Board of Adjustment review, report and hearing and Council hearing.
