§ 24-107. Requirements and restrictions.

The developments governed by this article shall comply with all of the following:

(1)

Categories; requirements:

a.

Category "A" requirements will apply if the development is within one-half mile of an approved residential subdivision or within one-quarter mile of a residence not located in an approved subdivision, or within one mile of a school.

b.

Category "B" requirements will apply if the development is located outside of these distances, i.e., more than one-half mile from an approved residential subdivision, more than one-quarter mile from a residence, or more than one mile from a school.

The distance is to be measured from property line to property line.

(2)

Owners and developers of the types of developments defined in section 24-1 shall have the following greenbelts as a part of their development tracks:

GREENBELTS
	Category A (in feet)	Category B (in feet)
Asphalt and concrete batching plant	20	10
Borrow pit	25	20
Disposal facility	50	25
Dumping pit	50	25
Incinerators	100	50
Landfill	100	50
Logging	25	10
Pipe yard	20	10
Scrap and salvage yards	20	10
Waste pickup stations	20	10
Waste transfer stations	20	10
Wrecker yard	20	10

 

(3)

Owners and developers of the types of developments defined in section 24-1 shall be prohibited from constructing and operating their developments within the following buffer zones from a school, approved residential subdivision and/or residence. (See exception in subsection (9)a of this section.)

GREENBELTS
	Category A (in feet)	Category B (in feet)
Asphalt and concrete batching plant	150	0
Borrow pit	200	100
Disposal facility	250	125
Dumping pit	250	125
Incinerators	200	150
Landfill	300	200
Logging	150	0
Pipe yard	150	0
Scrap and salvage yard	100	0
Waste pickup station	100	50
Waste transfer station	150	75
Wrecker yard	100	0

 

(4)

For all scrap yards, salvage yards, waste pick-up or transfer stations, and wrecker yards in category A and category B type developments, the developer must provide a substantial nontransparent fence, or wall not less than seven feet nor more than ten feet high at the inside perimeter of the greenbelt visible from and/or fronting on any public road or waterway. The fence wall shall not contain any poster or advertising of any kind, except one sign of the owner, lessee, operator or licensee of said premises on each street frontage, not exceeding 100 square feet in size. The fence in itself, shall not create a nuisance and will be constructed of wood and/or metal, the color of which shall be white or of earth tones (gray, brown, green, etc.) and shall be the same for the entire fence. Said fencing shall remain in well maintained condition at all times and be able to withstand at least 50 mile per hour winds. (See exception in subsection (9)c of this section.)

(5)

The storage of scrap, salvageable materials, vehicles, equipment, and/or machinery within the development shall be limited in height so that the required fencing or hedge row effectively screens the stored materials from view at a distance of at least 500 feet from the required fence or hedge row and outside of the development.

(6)

It shall be unlawful to store, place, leave or abandon any of the items or substances or engage in any activity defined in section 24-1 on the right-of-way of any public road, drainage or any other public right-of-way within St. Martin Parish.

(7)

Any proposed development must also meet any and all other applicable federal, state, and local laws, statutes, ordinances, rules and/or regulations which are then in effect and which may pertain to such development.

(8)

Any development which is classified and defined as an activity governed by this article and which was in operation as of the effective date of the ordinance from which this article is derived, shall be given two years from the date of this article to comply with the provisions of this article.

(9)

Exceptions:

a.

For legal/licensed preexisting developments/activities governed by this article where adherence to buffer zone distances and/or greenbelt site requirements are not feasible due to land availability (insufficient on site or adjacent land area), the buffer zone and greenbelt requirements may be wavered, however, the requirements for a nontransparent fence or wall requirements shall be adhered to and shall not be wavered.

b.

Preexisting licensed development owner/operators shall not be required to acquire or otherwise purchase adjacent land to satisfy the buffer or greenbelt requirements of this article. Subsequent to the acceptance of this article, any development of undeveloped land adjacent to a preexisting development governed by this article, the burden to conform with the requirements for a buffer zone, greenbelt, or screening fence, wall, or hedge row shall be borne by the new development.

c.

A substantial hedgerow cultivated and maintained (evergreen bushes, shrubs, etc.) may be substituted for the fence or wall requirement as long as it effectively screens the development from view from any public road, waterway, and/or preexisting category A adjacent land uses.

(Code 1979, § 12-59; Ord. of 8-6-1996, § 4)