Proceedings of the meeting of the Mayor and Board of Aldermen of the City of Breaux Bridge held at the City Hall, 101 Berard Street, at 6:00 P.M. on Tuesday March 9, 2021.
Mayor Ricky Calais called the meeting to order, the invocation and Pledge of Allegiance were recited.
Preset: Ryan Breaux, Ernest “E.J.” Ledet, Neil Melancon, and Eddy LeBlanc
Absent: Scotty Borel
Monthly budget-to-actual comparisons on the General Fund, Sales Tax Funds, Park and Recreation Fund, and Utility Funds were distributed to the Councilmen and Mayor.
Upon motion of Ryan Breaux, duly seconded by Neil Melancon and unanimously carried, the Board of Aldermen approved the addition of one item to the agenda:
#10. Consider authorizing Mayor Calais to accept and award bids for the Latiolais Road Reconstruction Project.
Upon motion of Neil Melancon, duly seconded by Ernest Ledet and unanimously carried, the Board of Aldermen approved the minutes of the February 9, 2021 City Council Meeting.
Upon motion of Ernest Ledet, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen opened a public hearing for Ordinance #2269 (An ordinance of the City of Breaux Bridge, Louisiana to amend and restate Chapter 13.5 of the Code of Ordinances by the repeal, amendment, revision, enactment, and/or re-enactment of Section 13.5-1 and Sections 13.5-3 through 13.5-99 of regarding the City Historic District and City Historic District Advisory Commission, and with regard to Main Street Program and matters related thereto.)
City Attorney, Bart Hebert explained that this ordinance was necessary to satisfy certain grant requirements. Mayor Calais explained that this ordinance would adopt efforts towards the Main Street Program and would establish a Historic District and a Commission to oversee the District.
Upon motion of Ernest Ledet, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen closed the Public Hearing for Ordinance #2269.
Upon motion of Ryan Breaux, duly seconded by Neil Melancon and unanimously carried, the Board of Aldermen adopted Ordinance #2269 ((An ordinance of the City of Breaux Bridge, Louisiana to amend and restate Chapter 13.5 of the Code of Ordinances by the repeal, amendment, revision, enactment, and/or re-enactment of Section 13.5-1 and Sections 13.5-3 through 13.5-99 of regarding the City Historic District and City Historic District Advisory Commission, and with regard to Main Street Program and matters related thereto.)
ORDINANCE NO. 2269
An ordinance of the City of Breaux Bridge, Louisiana to amend and restate Chapter 13.5 of the Code of Ordinances by the repeal, amendment, revision, enactment, and/or re-enactment of Section 13.5-1 and Sections 13.5-3 through 13.5-99 of regarding the City Historic District and City Historic District Advisory Commission, and with regard to Main Street Program and matters related thereto.
WHEREAS, Mayor and the Board of Aldermen for the City of Breaux Bridge, Louisiana (the “City”) is desirous of promoting the educational, cultural and economic welfare of the public of the City by preserving and protecting historic structures and neighborhoods which serve as visible reminders of the history and heritage of the city, region, state and nation, and furthermore it is the purpose of this ordinance to strengthen the economy of the City by stabilizing and improving property values in historic areas;
NOW THEREFORE, BE IT ORDAINED by the Mayor and Board of Alderman of the City of Breaux Bridge, Louisiana, that:
The Code of Ordinances for the City of Breaux Bridge, Louisiana be amended by the repeal, amendment, revisions, enactment, and/or re-enactment of Section 13.5-1 and Sections 13.5-3 through 13.5-99, as follows:
Sec. 13.5-1 Commission Established
There is hereby created a Commission to be known as the Historic District Commission
of the City of Breaux Bridge, Louisiana.
Sec. 13.5-3 Recommendation and Appointment of Members; Term; Vacancies
The Commission shall consist of not fewer than five (5) and no more than fifteen (15)members, all of whom shall reside in the City, and shall be appointed by the Mayor.
Each of the members of the Commission shall be appointed for a term of four (4) years. The Chairman shall be elected by the members of the Commission. Whenever the term of a member of the Commission expires, the Mayor shall appoint his successor. The members may serve consecutive terms. The first commission shall have staggered terms: 1/4 with one (1) year terms, 1/4 with two (2) year terms, 1/4 with three (3) year terms and 1/4 with four (4) year terms. All commission members shall have a demonstrated knowledge of or interest, competence, or expertise in historic preservation. The commission shall seek the advice, as needed, of professionals in the related disciplines of architecture, history, architectural history, or archaeology, etc.
Sec. 13.5-4 Administration and Committees
The Director of Planning of the City of Breaux Bridge, Louisiana will serve as advisor to the Commission and will act as liaison between the Commission and the Office of the Mayor. Nominal expenses necessary to carry out the duties of the Commission will be budgeted through the aforementioned department. The recording secretary for the Commission will be designated by the director and all files, records, and minutes of the Commission will be maintained by the department. The City Attorney shall be the ex officio attorney for the Commission. The Commission may designate and appoint, from among its members, various committees with such powers and duties as the Commission may have and prescribe.
Sec. 13.5-5 Rules, Regulations and Guidelines; Meetings; Reports and Recommendations
The Commission shall make such rules and regulations as it may deem advisable and necessary for the conduct of its affairs not inconsistent with the laws of the City and State. The Commission shall meet monthly, but meetings may be held at any time by the Commission on the written request of any of the members or on the call of the Chairman of the Commission or of the Mayor. The Commission shall make quarterly reports to the Mayor and Council containing a statement of its activities. Copies of the rules, regulations and guidelines are available at the Historic District Commission office.
Sec. 13.5-6 Purpose
The Historic District Commission shall have for its purpose the preservation and stewardship of all structures in the designated Historic District of the City. The commission shall have for its further purpose the guardianship of those structures which have architectural and historical value and which should be preserved for the benefit of the people of the City and State.
To Wit, the goals of the Historic Districts are as follows:
A. Protect, enhance and perpetuate resources which represent distinctive and significant elements of the City’s historical, cultural, social, economic, political, archaeological, and architectural identity.
B. Insure the harmonious, orderly, and efficient growth and development of the City.
C. Strengthen civic prode and cultural stability through neighborhood conservation.
D. Stabilize the economy of the city through the continued use, preservation, and revitalization of its resources.
E. Protect and enhance the city’s attractions to tourists and visitors and the support and stimulus to business and industry thereby provided.
F. Promote the use of resources for the education, pleasure, and welfare of the people of the City of Breaux Bridge, Louisiana.
G. Provide a review process for the preservation and appropriate development of the City’s resources.
Sec. 13.5-7 Definition of Historic District
The following area of the City of Breaux Bridge, Louisiana is hereby designated as the “Historic District,” to wit:
Beginning at Rees Street, and proceeding in a westerly direction toward Washington Street, crossing Bayou Teche, thence south on Washington Street up to and including the residence at 219 Washington Street and returning to Van Buren Street, thence west on Van Buren Street to Main Street. At Main Street, proceed south, thence west on Leonard and north on Guilbeau to Bridge Street. Proceed west on Bridge Street thence north on Berard Street to Martin Street. At Martin Street, proceed east, cross over Main Street and proceed along St. Bernard Drive until it intersects with Bridge Street, and then proceeding east to Rees Street. Such district being more accurately depicted and described on the map attached to Ordinance No. 2068 of the city, with the proposed boundaries of the historical district being set out in red.
Sec. 13.5-8 Procedures for Application of Certificate of Appropriateness
A. Whenever any application for a certificate of appropriateness if filed with the commission, the commission shall immediately notify the Director of Revenue, Regulatory Codes, and Permits for the City of Breaux Bridge, Louisiana that the application has been filed. Similarly, whenever the Director of Revenue, Regulatory Codes, and Permits for the City of Breaux Bridge, Louisiana becomes aware that an application has been filed for a permit affecting a property under the jurisdiction of the preservation commission, the Director of Revenue, Regulatory Codes, and Permits for the City of Breaux Bridge, Louisiana shall immediately notify chairman or vice-chairman, if the chairman is unavailable, that such an action has been filed.
B. The commission shall have the authority to determine when a filed application is complete and contains all required information. An application deemed incomplete by the commission shall not be considered to have been filed for the purposes of this ordinance. The commission shall develop standard application forms and its written guidelines shall specify what information an applicant shall attach to each form.
C. Members of the commission shall establish a regular schedule for the hearings of the commission. One hearing shall be scheduled for each month unless no application for a certificate of appropriateness has been submitted. However, the commission has to meet at least once ever three (3) months even if no applications for a certificate of appropriateness have been submitted.
D. The applicant shall, upon request, have the right to a preliminary conference with the commission staff or the chairman or vice-chairman for the purpose of learning whether changes or adjustments to the application could make it more consistent with the commission’s standards.
E. Not later than six (6) days before the date set for the said hearing, the city building official shall mail notice thereof to the applicant at the address in the application and to all members of the commission.
F. Notice of the time and place of a scheduled public hearing on an application for a certificate of appropriateness’ shall be given by publication in a newspaper having general circulation in the city at least four (4) days before such hearing and by posting such notice on the bulletin board in the lobby of city hall.
G. At the scheduled public hearing, the applicant for a certificate of appropriateness shall have the right to present any relevant information pertaining to the application. Likewise, the city, the commission and its staff, and members of the public shall have the right to present any additional relevant information pertaining to the application. The ‘Commission shall issue rules of procedure specifying in detail how a public hearing shall be conducted and when comments and information from different sources shall be heard.
H. The commission, at either a preliminary conference or at a public hearing, shall have the right to recommend changes and modifications to enable the applicant to meet the requirements of the commission. If the commission chooses to do this at a preliminary conference after an application for a certificate of appropriateness has been filed, then the time during which the commission must render its decision, as set forth below in Paragraphs 1. and J., shall be extended by thirty (30) days in order to permit the applicant to prepare any new drawings or other submissions which prove necessary.
I. Within not more than forty-five (45) days after the hearing on an application, the commission shall act upon it, either approving, denying, or deferring action until the next meeting of the commission, giving consideration to the factors set forth in Section VII hereof. Evidence of approval of the application shall be by certificate of appropriateness issued by the commission and, whatever its decision, notice in writing shall be given to the applicant and the city building official.
J. Failure by the commission to reach and render a decision within sixty (60) days of the date of filing of the application with the commission shall be taken to constitute approval of the application by the commission, unless and applicant has requested that the commission delay its decision beyond the sixty (60) day period otherwise required.
K. The issuance of a certificate of appropriateness shall not relieve an applicant for a companion building permit, special use permit, variance, or other authorization from compliance with any other requirement or provision of the laws of the city concerning zoning, construction, repair, or demolition. In all such cases, applicants are encouraged to apply first for a certificate of appropriateness as other city agencies will be advised by the preservation commission in making their subsequent decisions.
L. No building permit which affects a resource shall be issued by the city official prior to the issuance of a certificate of appropriateness by the commission. Even if a building permit is not otherwise required by the city ordinances for construction, alteration, demolition, or relocation of any resource, a certificate of appropriateness from the commission is required.
Sec. 13.5-9 Submission of Plans to Commission for Exterior Changes
A. The owner of any property within the Historic District shall apply for a permit or Certificate of Appropriateness from the Commission before the commencement of any work in:
1. the erection of any new building or other construction in the Historic District; or
2. the alteration or addition to any existing structure in the Historic District; or
3. the painting, repairing or demolishing of any existing building situated within the Historic District.
4. the relocation of any building into or out of the Historic District.
B. The application therefore shall be made to the Commission, accompanied by the full plans and specifications thereof so far as they relate to the proposed appearance, color, texture, materials, and architectural design of the exterior, including the front, sides, rear and roof of such buildings, alterations or addition of any building or outbuilding, party wall, courtyard, sidewalk, driveway, parking area, fence or other dependency thereof.
C. Where, by reason of topographical conditions, irregularly shaped lots, or because of unusual circumstance applicable solely to the particular applicant, strict enforcement of the provisions of this Ordinance would result in serious undue hardship peculiarly affecting said applicant, then the commission, in passing upon his application, shall have the power to vary or modify adherence to this Ordinance provided always that its requirements insure harmony with the general purposes hereof, and will not adversely affect the Historic District as a whole.
Sec. 13.5-10 Commission Recommendation and Action Thereon
The Historic District Commission shall, upon due consideration, render its decision concerning the approval or disapproval of the issuance of the permit, which may include such changes, if any, as in its judgement are reasonably necessary to comply with the requirements of this Ordinance, and send its decision, in writing, to the applicant and the Building Inspector. If the permit is approved, the Building Inspector shall promptly issue a permit for such work in conformance with the Commission’s decision.
Sec. 13.5-11 Appeals
Any person or persons aggrieved by any decision, act or proceedings of the Historic District Commission shall have a right to apply in writing to the City Council for reversal or modification thereof; and the Mayor, or presiding officer of the City Council, shall have the right to stay all further action until the City Council shall have had an opportunity to rule thereon. Any such appeal shall be taken in ten days from date of the written decision, and the City Council may consider said appeal at its next general or special meeting, but, in any event, not more than forty-five days thereafter. The City Council may affirm a decision of the Historic District Commission by majority vote of all its members. The City Council shall have the right to reverse, change or modify any decision of the Historic District Commission by majority vote of all its members.
Any person or persons aggrieved by any decision of the City Council affecting said Historic District shall have the right to file a civil suit within thirty days from date of decision in a court of competent jurisdiction under the usual rules of procedure governing same, with the right to stay order and injunctive relief provided the situation warrants it.
Sec. 13.5-12 Injunctions
Whenever any person has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of this Ordinance, the Commission may make application to the appropriate Court for an order enjoining such act or practice, or requiring such person to refrain from such prospective violation or to remedy such violation by restoring the affected property to its previous condition. Upon a showing by the Commission or the City that such person has engaged or is about to engage in such act or practice, a permanent or temporary injunction, temporary restraining order, or other appropriate order shall be granted without bond.
Sec. 13.5-13. Penalties
Any owner, agent, lessee or other person acting for or in conjunction with him, who shall violate the Historic District Ordinance or law or rules, regulations or decisions of the Commission, shall be fined not less than $100.00 nor more than $500.00 for each infraction. Each day that a violation continues shall constitute a separate offense.
Sec. 13.5-14 Stopping Work Commenced Without Permit
The Building Inspector shall promptly stop any work attempted to be done without or contrary to a permit issued under this Ordinance and shall promptly prosecute any person responsible for such a violation of this Ordinance or engaged in such violation. Any officer or authorized agent of the Commission shall exercise concurrent or independent powers with the Building Inspector in prosecuting violations of this Ordinance and stopping work attempted to be done without or contrary to the permits reported by the Ordinance.
Sec. 13.5-15 Provisions of Ordinance Prevail in Case of Conflict
The provisions of this Ordinance shall govern and take precedence over any other provisions of any ordinance or codes of the City of Breaux Bridge, Louisiana.
Sec. 13.5-16 New Construction
Proposals for new construction in the Historic District should seek compatibility with existing structures through the appropriate use of site planning, materials, decorative details, architectural elements, and scale. A proposal should not draw unnecessary attention to itself in any one of these characteristics. However, a proposal should not duplicate or copy historic styles and periods. The architectural context is of primary concern.
A. Scale: The relationship of the building and its elements (including doors and windows) to other structures in the district. It is important in considering scale, that a careful study be made of the height, width, and mass of buildings in the immediate neighborhood and district as a whole. This study should serve to confirm or deny the appropriateness of the height, width, and mass of the proposed building. Maximum height of any new structure shall conform to The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings. In no case shall a new structure exceed a height of 75 feet above the street.
B. Siting: The positioning of a building on a lot. This process includes determining the setback of a building, the spacing of this building from adjacent buildings, and the location of the walls, fences, walks, drives, and landscaping, if any of these are used in the overall design.
C. Materials: The surface building fabric which contributes to the exterior character and appearance of a building.
D. Decorative Details: Ornamentation or embellishment. These include cornices, lintels, arches, balustrades, chimneys, shutters, columns, and other common details. When used, details should create a unifying effect on a building and should be compatible with the context of the neighborhood.
E. Architectural Elements: Parts of a building that are integral to its composition. These include balconies, roofs, porches, chimneys, dormers, parapets, and other parts of a building that contribute to its overall shape and silhouette. The choice and arrangement of elements of a proposed building should reflect those of other buildings in the neighborhood. The building should not draw unnecessary attention to itself by failing to relate to neighboring styles. Neither should it copy these styles. The object is to compliment the context of the Historic District.
Sec. 13.5-17 Standards for Rehabilitation, Restoration and Reconstruction
A. Standards for Preservation
1. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces, and spatial relationships. Where a treatment and use have not been identified, a property will be protected, and if necessary, stabilized until additional work may be undertaken.
2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.
3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate, and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research.
4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color, and texture.
7. Chemical or physical treatments, when determined appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. When the property’s distinctive materials, features, and spaces are essentially intact and thus convey the historic significance without extensive repair or replacement; when depiction at a particular period of time is not appropriate; and when a continuing or new use does not require additions or extensive alterations, Preservation must be considered as a treatment.
B. Standards for Rehabilitation
1. A property shall be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
2. The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, shall not be undertaken.
4. Changes to a property that have acquired historic significance in their own right shall be retained and preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in a such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. When repair and replacement of deteriorated features are necessary; when alterations or additions to the property are planned for a new or continued use; and when its depiction at a particular period of time is not appropriate, Rehabilitation must be considered as a treatment.
C. Standards for Restoration
1. A property shall be used as it was historically or be given a new use which reflects the property’s restoration period.
2. Materials and features from the restoration period shall be retained and preserved. The removal of materials or alteration of features, spaces, and spatial relationships that characterize the period shall not be undertaken.
3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate and conserve materials and features from the restoration period shall be physically and visually compatible, identifiable upon close inspection, and properly documented for future research.
4. Materials, features, spaces, and finishes that characterize other historical periods shall be documented prior to their alteration or removal.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the restoration period shall be preserved.
6. Deteriorated features from the restoration period shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and, where possible, materials.
7. Replacement of missing features from the restoration period shall be substantiated by documentary and physical evidence. A false sense of history shall not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.
8. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
9. Archeological resources affected by a project shall be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
10. Designs that were never executed historically shall not be constructed. When the property’s design, architectural, or historical significance during a particular period of time outweighs the potential loss of extant materials, features, spaces, and finishes that haracterize other historical periods; when there is substantial physical and documentary evidence for the work; and when contemporary alterations and additions are not planned, Restoration may be considered as a treatment. Prior to undertaking work, a particular period of time, i.e., the restoration period, should be selected and justified, and a documentation plan for Restoration developed.
D. Standards for Reconstruction
1. Reconstruction shall be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property.
2. Reconstruction of a landscape, building, structure, or object in its historic location shall be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures shall be undertaken.
3. Reconstruction shall include measures to preserve any remaining historic materials, features, and spatial relationships.
4. Reconstruction shall be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property shall re-create the appearance of the non-surviving historic property in materials, design, color, and texture.
5. A reconstruction shall be clearly identified as a contemporary re-creation.
6. Designs that were never executed historically shall not be constructed. When a contemporary depiction is required to understand and interpret a property’s historic value (including the re-creation of missing components in a historic district or site ); when no other property with the same associative value has survived; and when sufficient historical documentation exists to ensure an accurate reproduction. Reconstruction may be considered as a treatment.
The Historic District Commission shall follow The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings in considering all proposals for new construction and/or rehabilitation.
Sec. 13.5-18 Fences
Fence design must be in harmony with the nature of the district. The following fencing materials are generally acceptable: iron, aluminum, stucco, brick, and wood picket.
The following fencing materials are not acceptable: barbed wire, chain-link, concrete block, stockade, plywood, hardboard, or asbestos board.
Sec. 13.5-19 Floodlights
The Historic District shall not be illuminated by privately controlled floodlights or other illumination except as approved by the Historic District Commission or as permitted specifically by this Ordinance.
Sec. 13.5-20 Overhanging Balconies
No overhanging balconies or galleries may be removed, but new or additional balconies may be erected if they conform to the distinctive architecture of the Historic District. The permit for all such new construction or any renovation shall be subject to the requirements of this Ordinance.
Sec. 13.5-21 Signs
1. SIGN shall include any symbol, device, image, poster, flag, banner, billboards, design or directional sign used for advertising purposes, whether painted upon, attached to, erected on, or otherwise maintained on any premises containing any words, letters, or parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business or a commodity or product, which is visible from any public street and is used to attract attention.
2. DISPLAY includes erect, paint, repaint, place, replace, hang, rehang, repair, maintain paint directly upon a building or other structure, inlay, embed in, or otherwise exhibit in public view.
B. Signs Must Conform to Character of Section and all Planning Zoning Ordinances
In addition to the prohibitions contained in this section and in Chapter 23 of the Code of Ordinances, approval of the display of a sign in the Historic District of the City shall be granted by the Commission only when such signs and the plans therefor, so far as they relate to the appearance, color, size, position, method of attachment, texture of materials and design, conform to the quaint and distinctive character of the Historic District or do not injuriously affect it or impair the value to the community of those buildings having architectural or historical worth. Further, all signs must be in strict compliance with all ordinances under Chapter 23 of the Code of Ordinances for the City of Breaux Bridge, and each provision of this Section is expressly limited thereby.
C. No Signs to be Displayed in Certain Places
No sign shall be displayed from the parapet or roofs of any buildings in the Historic District. No sign shall be displayed or placed in any manner whatsoever so as to disfigure or conceal any significant architectural feature or detail of any building.
D. What Signs May Advertise
No sign shall be displayed in the Historic District unless such sign advertises a bona fide business conducted in or on the premises and, if it does do so, no more than fifty (50 %) percent of the area of such sign may be used to advertise products or commodities actually sold on the premises. This is exclusive of any pre-existing, historic/”ghost” signs.
E. Number of Primary Signs
In general, one primary sign is allowed to each store, shop, or bona fide place of business, and this sign shall be no larger than the maximum stipulated in this Ordinance.
1. In the case of a business operated on a corner lot that faces two streets, one primary sign on each street facing is allowed and shall be regulated as if each side were a separate storefront.
2. In the case of a single sign being inappropriate, multiple primary signs may be used, the total face area of which may not exceed the maximum size stipulated in this article.
F. Surface Area of Signs
The surface area of any sign shall be in direct proportion to the amount of front footage of each ownership and shall be as follows:
1. For single faced signs, attached flat against the wall and including painted wall signs there shall be allowed thirty (30) square inches of sign surface area to each foot of lot frontage.
2. For double faced signs, suspended by brackets or arms perpendicularly from the wall of a building, the surface area shall be the sum of the area of each face not to exceed thirty (30) square inches of sign surface area to each foot of lot frontage.
3. In the case of multiple businesses operating at a single location, the total face area of signage may be increased to 11/2 times the maximum stipulated in this article.
G. Secondary Signs
In addition to the primary sign(s) referred to in (Sec. 13.5-19, E), small secondary signs may be used to identify the following:
1. Entrance doors
2. Operating hours
3. Temporary signs
H. Temporary Signs
Temporary signs of a promotional nature may be placed on the interior of store windows. In no case may they remain longer than sixty days. A permit is not required for the placement of a temporary sign. Temporary signs may be placed on the exterior of a building for the following special situations:
1. For the identity of real estate for sale.
2. For political advertisement. Except for signs larger than 2′ X 2′ yard sign, no application is required.
3. For promotion by non-profit organizations. In no case may these signs exceed the size limitations of this Ordinance.
I. Portable and Changeable Letter Signs
No portable or changeable letter signs may be erected or allowed to remain within the Historic District.
J. Illuminated Signs
No illuminated signs may be constructed or erected within the Historic District without the express approval of the Historic District Commission.
1. Concealed lighting is recommended. Bulbs may not be exposed. The light should enhance the sign as well as the building on which it is mounted.
2. Internally illuminated signs are not permitted.
3. Flashing, or intermittent signs (exclusive of historic signs) are not permitted.
K. Signs No Longer Complying as to Advertisement to be Taken Down
Any sign displayed which no longer advertises a bona fide business (exclusive of historic or “ghost” signs) conducted upon the premises shall, upon notification by the Historic District Commission or its agent (who is hereby specifically authorized to so proceed), be taken down, removed or obliterated within five (5) days after such notification and failure to so comply on the part of the owner, occupant, agent or person having the beneficial use of any building or premises upon which such sign may be found shall subject such person to the penalty provided in Sec. 13.5-12.
L. Building Code Applicable to Signs
All signs under this section shall be further governed by existing regulations of the Building Code of the City which are not in conflict with this section.
M. Application for Signs to be Submitted to Commission
All applications for permits to display signs within the Historic District of the City shall be submitted to the historic District Commission office for approval before a permit therefor may be issued in conformity with Sec. 13.5-9.
N. Form of Application to Display Signs; Accompanying Drawings
Application for a permit to display signs in the Historic District of the City shall be made to the Commission upon forms furnished by the Commission. Such an application shall also be accompanied by sketches and drawings in triplicate showing details of construction and foundation when required by the Building Code of the City and shall delineate the size, shape, design, coloring, lighting, and position in relation to the building from or upon which it shall be displayed.
Sec. 13.5-22 Aerials, Antennas, etc.; Prohibited
The construction of aerials, antennas, or satellite dishes of any type within the Historic District is prohibited without the express approval of the Historic District Commission.
Sec. 13.5-23 Minimum Maintenance Requirements
In order to insure the protective maintenance of resources, the exterior features of such properties shall be maintained to meet the requirements of the City’s Minimum Housing Code and the City’s Building Code.
Sec. 13.5-24 Demolition by Neglect
A. Any resource which is a landmark and all resources within a preservation district shall be preserved by the owner or such other person or persons as may have the legal custody or control thereof against decay and deterioration and free from unreasonable structural defects. The owner or other person having legal custody and control thereof shall repair such resource if it is found to have one or more of the following defects:
1. Deterioration to the extent that creates or permits a hazardous or unsafe condition as determined by the City Building Inspector.
2. Deterioration, as determined by the City Building Inspector, of a building characterized by one or more of the following:
a. Those buildings which have parts thereof which are so attached that they may fall and injure persons or property.
b. Deteriorated or inadequate foundations.
c. Defective or deteriorated floor supports or floor supports insufficient to carry imposed loads with safety.
d. Members of walls or other vertical supports that split, lean, list, or buckle due to defective material, workmanship, or deterioration.
e. Members of walls or other vertical supports that are insufficient to carry imposed loads with safety.
f. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material, workmanship or deterioration.
g. Members of ceilings, roof, ceiling and roof supports, or other horizontal members that are insufficient to carry imposed loads with safety.
h. Fireplaces or chimneys which list, bulge, or settle due to defective material, workmanship, or deterioration.
i. Any fault, defect, or condition in the building which renders the same structurally unsafe or not properly watertight.
B. If the Commission makes a preliminary determination that a resource is being demolished by neglect, it shall direct the City Building Official to notify the owner(s) of the resource of this preliminary determination, stating the reasons therefore, and shall give the owner of record thirty (30) days from the date of mailing of such notice or the posting thereof on the property, whichever comes later, to commence work to correct the specific defects as determined by the commission.
Said notice shall be given as follows:
1. By certified mail, restricted delivery, mailed to the last known address of the record owner(s) as listed on the City and/or Parish tax rolls.
2. If the above mailing procedure is not successful, notice shall be posted in a conspicuous, protected place on the resource.
C. If the owner(s) fail(s) to commence work within the time allotted as evidenced by a Building Permit, the Commission shall notify the owner(s) in the manner provided above to appear at a public hearing before the Commission at a date, time and place to be specified in said notice, which shall be mailed or posted at least thirty (30) days before said hearing. For the purpose of insuring lawful notice, a hearing may be continued to a new date and time. The Commission shall receive evidence on the issue of whether the subject resource should be repaired and the owner(s) may present evidence in rebuttal thereto. If, after such hearing, the Commission shall determine that the resource is being demolished by neglect, it may direct the City Building.
Official to take appropriate action against the owner(s) if the necessary repairs are not completed within ninety (90) days of the determination by the Commission that the subject building or structure is being demolished by neglect.
Sections 13.5-25 to 13.5 – 99: Reserved.
BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that all other ordinances and provisions of the Code of Ordinances for the City of Breaux Bridge, Louisiana, that are in conflict with the provisions hereof are hereby declared to be repealed to the extent any such conflict exists.
BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that the provisions of this ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof.
BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 9th day of March, 2021, that this ordinance shall become effective upon signature of the Mayor of the City of Breaux Bridge, Louisiana, the lapse of ten (10) days after receipt of the Mayor of the City of Breaux Bridge, Louisiana without signature or veto, or upon an override of a veto, whichever occurs first.
UPON MOTION of Ryan Breaux, seconded by Neil Melancon, and upon verification and assurance that the foregoing ordinance was:
- Introduced on February 9, 2021 at the regular meeting of the Mayor and Board of Aldermen for the City of Breaux Bridge, Louisiana;
- Disseminated to the Mayor and all Aldermen;
- Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
- Presented at a public hearing held on the 9th day of March, 2021,
The Board of Aldermen, on the 9th day of March, 2021, adopted Ordinance Number 2269 by virtue of the following votes:
YEAS: Ryan Breaux, Ernest Ledet, Neil Melancon, Eddy LeBlanc
ABSENT: Scotty Borel
KRISTI LEBLANC, RICKY CALAIS,
CITY CLERK MAYOR
Upon motion of Neil Melancon, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen adopted a Resolution informing the Louisiana Department of Environmental Quality concerning a review of the Municipal Water Pollution Prevention Environmental Audit Report.
Upon motion of Ryan Breaux, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen accepted the recommendation of the Planning and Zoning Commission to rezone two lots located at 1130 Berard Street from Commercial-2 to Residential-1.
Upon motion of Eddy LeBlanc, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen authorized Mayor Calais to accept the bid from M. Matt Durand, LLC of St. Martinville, La. in the amount of $394,925.00 for the Latiolais Road Reconstruction Project.
Upon motion of Neil Melancon, duly seconded by Ernest Ledet and Ryan Breaux, and unanimously carried, the Board of Aldermen adjourned the meeting.
Kristi LeBlanc, CMC Ricky J. Calais
City Clerk Mayor