Ordinance #11,883

O  R  D  I  N  A  N  C  E

STATE OF LOUISIANA

CITY OF MONROE                                     

                                                                                                                  NO.  11,883                     

            The following Ordinance was offered by Mr.  Echols                       who moved for its adoption and was seconded by Mr.   Clark                                 :

AN ORDINANCE AMENDING CHAPTER 37, ZONING, ARTICLE II. DEFINITIONS AND RULES ON INTERPRETATION, SECTION 37-21, DEFINITIONS; ARTICLE III, USE DISTRICTS, SECTION 37-37 COMMERCIAL USE DISTRICTS, TABLE 3.3 COMMERCIAL DISTRICTS PERMITTED AND CONDITIONAL USES, ARTICLE VI. SECTION 37-92, USE STANDARDS, SECTION 37-38 INDUSTRIAL USE DISTRICTS, TABLE 3.5 AND ARTICLE IX ADMINISTRATION AND ENFORCEMENT. SECTION 37-131 VIOLATIONS, OF THE CODE OF THE CITY OF MONROE.OF THE ORDINANCE OF THE CITY OF MONROE, LOUISIANA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH

WHEREAS, the City Council of the City of Monroe has this date held its Public Hearing with respect to the following proposed amendment to Chapter 37, Zoning, Article II. Definitions and Rules of Interpretation, Section 37-21, Definitions; Article III, Use Districts, Section 37-37 Commercial Use Districts, Table 3.3 Commercial Districts Permitted and Conditional Uses, Article VI. Section 37-92, Use Standards, Section 37-38 Industrial Use Districts, Table 3.5 and Section 37-131 Violations of the Code of the City of Monroe, and

            WHEREAS, the City Council has further considered the recommendation of the Monroe Planning Commission recommending approval on a 5-0-1 vote and that the above stated Sections of the Zoning Ordinance of the City of Monroe should be amended.

            NOW, THEREFORE;

BE IT ORDAINED, by the City Council of the City of Monroe, Louisiana, in legal session convened, that Chapter 37, Zoning, Article IX, Administration and Enforcement, Section 37-130, Procedures of the Zoning Ordinance of the City of Monroe be, and it is amended as follows:

AMEND    

Article II. Definitions and Rules of Interpretation

Sec 37-21 Definitions

Tire store – A place where the principal business is the sale or installation of new, used, or retread tires and tubes.

Article III. Use Districts

Sec 37-37 Commercial Use Districts

Table 3.3 Commercial Districts Permitted and Conditional Uses

table 3.3: commercial districts permitted and conditional uses

uses

districts

use standards

b-1

B-2

B-3

cbd

B-4

 

Adult Day Care, commercial

 

 

P

P

p

section 37.92.C

adult use

 

 

 

 

P

section 37.92.A

art gallery

P

p

p

p

p

 

arts studio

P

p

p

p

p

 

automobile/vehicle dealership

 

 

P

 

p

 

automobile rental

 

 

p

 

p

 

automotive repair, major

 

c

p

p

p

 

automotive repair, minor

 

p Cm

p

p Cm

p

 

bar

 

C

P

p

p

 

Bed and Breakfast

P

 

 

 

 

section 37.92 (b)

 

substance abuse treatment facility

 

 

c

 

c

 

tattoo parlor

 

p

p

 

p

 

taxidermy

 

p

p

 

p

 

TIRE STORE

 

p Cm

p

p Cm

p

SEc 37-92 (k)

transitional housing

 

c

 

cm

 

 

Key: P = Permitted Use; Cm = Conditional Use Permit, minor; C = Conditional Use Permit, major;

(Blank) = Not Permitted

table 3.5: industrial districts permitted and conditional uses

uses

districts

use

standards

I-1

I-2

 

office

p

p

 

off-premise advertising sign

cm

Cm

 

parking lot, commercial

p

p

 

passenger terminal

p

p

 

rail yard

p

p

 

retail sales establishment

p

 

 

retail manufacturing

p

p

 

tattoo parlor

cm

 

 

sewage treatment facility

 

p

 

social club/lodge

p

cm

 

SOLAR FARM

P

P

 

solid waste collection facility

 

c

 

solid waste compost facility

c

c

 

solid waste transfer station

 

c

 

storage yard, outdoor

p

p

 

storage yard, vehicle

p

p

 

taxidermy

p

p

 

USED TIRE STORES

cm

 

 

Warehouse,

Wholesale/Storage

P

P

 

accessory

dwelling, caretaker

 

cm

 

alcohol beverage sales, on-premise

cm

 

 

radio or television antennae/towers (Commercial)

P

P

 

CARGO CONTAINER

cm

cm

 

     

ADD:

Article VI. Supplementary Use Standards

Sec. 37-92 Use Standards

(k) Used Tire Stores

 

(1)  By January 31st of every year, the Certificate of Occupancy (CO) shall be renewed for all retail used tire facilities. The renewal may be granted if the dealer has remained in compliance with all the Conditional Use (minor) requirements during the previous year. Standard CO fees shall apply for the yearly renewal. Failure of renewal of the CO or non-compliance during the previous year, are grounds for revocation or denial of the business’s Certificate of Occupancy and Occupational License.

 

(2)  A schedule of regular pick-up of scrap tires shall be provided to the Planning and Zoning Division Office. Tire pick-up and disposal shall be by a licensed carrier and evidence of disposal at a properly licensed disposal site, such as a disposal receipt, shall be provided to the Planning and Zoning Office prior to renewal of the Certificate of Occupancy. Scrap tires shall be disposed of at a minimum of every three (3) months unless otherwise approved by the Planning and Zoning Office.

 

(3)  Storage of no more than 150 waste tires, at any one time, shall be stored inside the primary building (fully enclosed) or inside a fully enclosed accessory building (no higher than one (1) story and 500 square feet) will be allowed if the tires cannot fit inside the main building so that all tires are shielded from the elements at all times. Movable trailers or other similar vehicles shall be not allowed for use as permanent tire storage. Outdoor storage of any kind is prohibited.

 

(4)  Storage of tires within the service bay area shall not be in a manner that prohibits the removal or installation of tires in the service bay area.

 

(5)  Separate waste tires from any tires offered for sale by the business.

 

(6)  Notwithstanding the prohibition contained in Section 37-76 (h)(1)d,  the outdoor display of tires is limited to the building frontage only and no more than twenty (20) tires at any given time. Display tires shall not be placed in the right-of-way and shall be stored either in the main building or an accessory structure during closing hours.

 

(7)  The removal and installation of tires shall not be conducted in parking lots or within the building frontage, as defined in this code. Removal and installation are required to take place in a service bay. This is also required of all auto repair facilities.

 

(8)  Existing tire dealers shall comply with all the above requirements no later than April 23, 2019.

 

(9)  Used tire dealers must prominently display the notification provided by the Louisiana Department of Environmental Quality in a public area of the business.

 

(10) The Monroe Fire Department must inspect any area used for the storing of tires in addition to whatever other inspections are required. A report should be furnished to the Planning and Zoning Division Office

 

(11) Used tire dealers shall comply with all applicable State of Louisiana requirements.

 

(12) Violations: See Section 37-131.

 

SECTION 37-131. VIOLATIONS

  1. Administration of Enforcement

The provisions of these land use regulations shall be administered by the Mayor, or his/her designee, as designated herein, who shall have the power to make inspections of buildings or premises necessary to carry out their administrative duties in the enforcement of these regulations. The Mayor, or his/her designee may call upon the Police to furnish the necessary personnel to carry out enforcement if necessary

  1. Violations and Enforcement Proceedings

In case any structure is erected or structurally altered or maintained, or any structure or land is used or altered or is not maintained, in violation of these regulations, the Planning and Urban Development Director or his/her designee may institute any appropriate action or proceedings to prevent such unlawful construction or alteration or use or other violations, to restrain, to correct or to prevent any illegal act, conduct any business or maintain any use in or about such premises. Furthermore, any resident of the community who believes that a violation of any of the provisions of these regulations is occurring may file a written complaint with the Mayor. Such complaint shall fully set forth the acts or omissions constituting the alleged violation and the site or sites at which such violation or violations are alleged to be occurring. The Planning and Zoning Director or his/her designee shall record properly such complaint, promptly investigate the allegations underlying said complaint, and take action on such complaint and take action on such complaints as provided by these regulations.

  1. Responsibility for Violations

Whenever the Planning and Zoning Director or his/her designee, on the basis of a written complaint, has reason to believe that a violation of these regulations may exist, he or she may require any person owning the structure or land or operating a use thereon to provide, within thirty (30) days of notification or the next available City of Monroe City  Environmental Court date, information as may be necessary, in his judgment, to determine the existence or extent of any violation.

  1. Penalty

Any person violating any provision of these regulations shall be guilty of a misdemeanor and deemed a public nuisance and upon conviction shall be punished for each separate offense by a fine of ten dollars ($10) to twenty-five dollars ($25) but not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days. Each day any violation of any provision of these regulations shall continue shall constitute a separate offense.

BE IT FURTHER ORDAINED,

            This ordinance was INTRODUCED on the 9th of October 2018.

NOTICE PUBLISHED on the  12th  day of  October          , 2018.

This Ordinance having been submitted in writing, introduced and published was then submitted to a final vote, the vote thereon being as follows:

AYES:            Echols, Ezernack, Woods, Wilson & Clark

NAYS:             None.

ABSENT:       None.

            And the Ordinance was declared ADOPTED on the  23rd     day of  October          , 2018

 

Gretchen H. Ezernack            

CHAIRMAN

 

 

Carolus S. Riley                                 

CITY CLERK

 

 

James E. Mayo                                  

MAYOR’S APPROVAL

 

 

                                                           

MAYOR’S VETO