Make Wise Tree Removal Decisions before a Hurricane

Each year, as the tropical cyclone season arrives, homeowners across the region are eyeing their trees and wondering how safely they will weather the season. Should the tree stay or should it go? For many homeowners, the visible and physical impact of the destruction of trees and property during storm events is enough to prompt them to engage in "chain saw backlash," or the unnecessary removal of perfectly good, sound trees. Continue . . .

Be A Good Neighbor

Park Smart ! - Single family residences require a minimum of two off-street parking spaces. All parking areas must be surfaced with permanent "dust free" paving. Refer to the Municipal Code-"Parking" for details regarding all parking regulations. More . . .

• Parking is not allowed on the grass in a yard between the residence and the street
• Parking of wreckers, buses, trucks, semitrailers and watercraft is prohibited
• Overnight on-street parking is regulated in residential areas - 9 hr. limit
• Vehicles cannot be driven or parked on neutral grounds, parks, or public ways
• All vehicles visible from the street must be operable and currently licensed

Clutter & Trash - No one likes to ride by and see a home cluttered with junk in the carport or piles of trash by the curb for extended periods. Good Neighbors maintain clutterer free carports and dispose of curbside waste properly. Visit DPW-Solid Waste section for more information.

• Garbage & Recycle items should be placed in closed BFI carts 3' apart
• Furniture, bagged yard waste & woody waste should be in a pile 3' from the containers
• Appliances and up to 4 tires will be picked up - remove refrigerator doors
• Contractors & tree trimmers are responsible for removing their trash

Lawns & Pools - Spring and summer means fun in the yard and pool. Good neighbors care about their home's appearance and keep the grass and shrubs cut, and maintain their pools in good order.

If you have moved or your property is vacant, please be certain that arrangements have been made for lawn and pool maintenance. Tall grass and weeds are an eyesore and provide homes to vermin. Unkempt pools smell, are unsanitary and are breeding grounds for mosquitoes.

Violators will be reported. If the city has to have the work done, liens will be placed on the property.

Zoning and Restrictions Committee

The responsibilities of the Zoning & Restrictions are included in our by-laws as quoted below. In addition to what is stated, the committee has been tasked with renewing the many subdivision filings every ten years in Broadmoor to make them uniform throughout, and up-to-date with more practical and enforceable deed restrictions.

"Zoning and Restrictions:  The Zoning and Restrictions Committee shall maintain a file of current pertinent zoning ordinances. It shall review all proposed zoning changes and changes in restrictions in Broadmoor and recommend appropriate action to the board. The committee shall also seek enforcement of deed restrictions and zoning ordinances."

2011 will be our 7th year of updating the original property restrictions with the new amendments. In 2009, we worked very hard to finish the older East Broadmoor 5th, 6th, 7th and 8th filings. All of them were renewed, thanks to the residents who signed petitions. In 2010, there were only be two filings to be renewed - South Broadmoor 1st filing and Broadmoor Place 8th filing. So please, when we come knocking, take a few minutes to look over the amendments and feel free to contact us with questions. Be aware of the fact that we only have a limited amount of time to get the signatures filed with the Clerk of Court. If we miss a date, it will be another 10 years before you'll have the opportunity again. Visit our web page at broadmoor-br.org/restrict.html for complete information about zoning and restrictions.

For those residents in the remaining filings, please be patient, your chance is coming and when it does please don't delay with responding. We have only a limited amount of time to get each filing done and if we can't get the signatures required, it will be another 10 years before you will have this opportunity again.

For those who may not have read this page before, the original property restrictions were worded as they would run with the property for the first 25 years with a renewal date of every 10 years thereafter. So, if your filing was developed in 1954, this year is your renewal year. A renewal year means that this is when you have the opportunity to change something about your original property restrictions with a majority vote of the property owners' signatures.

The new amendments to the original restrictions have added verbiage concerning junk cars, trash, rubbish, etc., on properties that wasn't included in our original restrictions. Naturally, as a new prominent neighborhood back in the 50's these concerns weren't an issue, but as the city has grown and new neighborhoods have developed we've learned from experience and our attorney's experience that it is necessary to have this type of verbiage to protect our property values. Read a sample copy of the revised restrictions here.

If you have any questions concerning the new amendments or your existing property restrictions, please feel free to give me a call on our Hotline 926-9829 or send an email Attn: Zoning and I'll be glad to provide an answer.

Background information about Subdivision Restrictions & Renewals

Subdivision restrictions (covenants) are set up to provide protection for the property developer and, subsequently, the property owners. The developer usually includes such things as minimum setbacks and offsets, minimum square footage, and architectural details to protect his investment while the subdivision is being built. Then, other restrictions are included to protect the homeowner against nuisances and to maintain property values in the neighborhood. In these restrictions, limitations are included concerning many other requirements that protect the homeowners and assure the peaceful use of the property. Things such as type and location of fences, easements (servitudes), flood control devices, temporary structures, and noxious and/or offensive activity are examples of such restrictions. Of course, the restrictions are supplemented by state and city-parish zoning laws.

Purchasers take property subject to the restrictions and are bound to follow them, even if they did not actually know the property was subject to restrictive covenants. Once restriction are properly imposed upon a property, they "run with the land" and are binding on the owner and all subsequent purchasers. No owner or purchaser can use the property for any purpose that violates the restrictions. Generally (but not always), the Real Estate agent makes sure the prospective buyer is supplied with a copy of the restrictions before closing.

Broadmoor is comprised of 15 subdivisions, each having one or more filings. There are 52 filings in total, with each filing having a separate set of restrictions, and with some having corrections and amendments. All the restrictions are similar, but not exactly the same, which makes administration and enforcement particularly difficult.

Once every ten years the individual filing restrictions come up for renewal. Some of the current restrictions have not been updated since 1952 and were automatically without changes renewed every ten years. A couple of years ago, in response to resident's calls, concerns and complaints to the association about properties in the neighborhood, the association began work on updating our current restrictions. So far, all of the 18 filings which have come due have been renewed with new amendments approved by property owners, and that's a great thing for property values. Read a sample copy of the revised restrictions here.

Louisiana law allows any existing situations which may be considered a violation of the new amendments to be "grand fathered in. (Ex. An accessory building which covers more than 30 percent of your property, provided it existed before the amendments are passed, would not be subject to the new restrictions).

In order for these amendments to pass, a majority vote of the property owners in each filing is required. Therefore, it is crucial that everyone participate. Documents must be signed by all owners of each individual property and in the presence of (2) two witnesses. Therefore, I'd like to ask all owners whose restrictions become due, and who are in favor of the amendments, to please sign the document when one of our volunteers visits with you. They will call ahead of time to make an appointment. If you have any questions, feel free to give us a call at 926-9829 and someone will call you back.

Our homes are one of our greatest assets and investments. Protecting the value of these investments will require some effort from all of us. A vote in favor of these amendments will allow your deed restrictions to be brought up to date and in line with other subdivisions so that you may continue to enjoy increasing property values. Please keep in mind, if we don't take advantage of this opportunity now, it will be another (10) ten years before we can try again and a lot can go wrong in 10 years.

Broadmoor Subdivision is zoned A1

All of Broadmoor subdivision is zoned A1 except for parts of a few filings. Visit the Baton Rouge Government - Online Maps Web Page to search for your address and get zoning, yard requirements, land use data by clicking the Details link. If you have a question about zoning restrictions, we may be able to help. Give us a call us at 926-9829 or send me an e-mail.

The following unofficial summary of zoning regulations, subdivision restrictions, and selected ordinances of interest to Broadmoor residents is presented for general guidance only. Broadmoor has been developed through over 52 different filings, each with its own set of restrictions. The information below is typical for all filings, but is not specific to any particular filing and is not a complete list of restrictions for any one filing. For accurate and complete information, refer to restrictions for the filing of interest. For an example of a recent filing click here.

Permitted Uses:

• Single family dwellings
• Most public buildings such as schools and police and fire stations
• Hospitals, child care centers, and country clubs (with restrictions)

Permitted Accessory Uses:

• Private garages housing not more than four vehicles
• Home occupations meeting the following conditions:
• Nothing done to make the building appear as anything other than a dwelling.
• No shop or store type of business
• No one employed outside the resident family
• Only mechanical equipment that is normally found in a dwelling
• Only one non illuminated sign no larger than one square foot
• Vegetable and flower gardens
• Keeping of domestic animals, but not on a commercial basis or on a scale objectionable to neighbors
• Swimming pools, tennis courts, garden houses and similar facilities customarily accessory to residences

Lot and Construction Restrictions:

• Maximum building height 2 1/2 stories or thirty five feet
• Minimum yards of 25 ft front, 8 ft side, and 25 ft rear
• Minimum building setback distances of 55 ft to 125 ft, depending on type of street

City-Parish Ordinances pertaining to residential areas such as Broadmoor

• PETS: All dogs and cats must be registered and vaccinated by licensed veterinarian. All dogs and cats shall be kept at all times from running at large. Owners shall be held responsible for the behavior of dogs and cats deemed a nuisance. See EBR Parish Animal Control.
  
  
• PARKING: Single family residences require a minimum of two off-street parking spaces. All parking areas must be surfaced with permanent dust free paving. Refer to the Municipal Code, Title 11, Chapter 28 "Parking" for details regarding all parking regulations.
• Parking is not allowed on the grass in a yard between the residence and the street.
• Parking of wreckers, buses, trucks, semitrailers and watercraft is prohibited.
• Overnight on-street parking is regulated in residential areas.
• Vehicles cannot be driven or parked on neutral grounds, parks, or public ways.
• All vehicles visible from the street must be operable and currently licensed.
• Sec. 11:415. Stopping, standing or parking prohibited; general rules.
• Sec. 11:416. Parking on neutral ground, parks, rights-of-way, sidewalks and other public and private places prohibited.
• Sec. 11:423. Time limitation on parking on any street.
• Sec. 11:428. Parking of wreckers, buses, trucks and semitrailers prohibited.
• Sec. 11:428.1. Parking of motor homes on residential streets prohibited.
• Sec. 11:435. Parking of watercraft on street or street right-of-way prohibited.
  
  
• SIGNS: See Unified Development Code Chapter 16-12 for more information.
• Signs are prohibited on public property or public right-of-way. Such signs are considered “litter” and may be removed by any person and disposed of immediately.
• Campaign Signs, Political Signs, or signs of candidates for election or for issues on a ballot (excluding bumper stickers and decals) shall require a permit (Note: Permit is required of candidate, not the property owner.). . . Signs no greater than eight (8) square feet are permitted in Zoning Districts A1, A2, A2.1, A2.5, A2.6, A2.7, A3.1, A3.2, A3.3, A4, A5, B, B1,NO, HR, HB and Rural.
• No temporary political sign may be located in any right-of-way, public servitude or passage, street, median, boulevard, or neutral ground between the street and the sidewalk (where sidewalks are present) nor attached to any tree, utility pole, or publicly owned structure. Any political sign so placed is defined as litter and is subject to removal by any person. Should the Building Official effect removal, a charge of twenty-five (25) dollars per sign to cover the cost of such removal shall be made.
  
  
• TREES & SHRUBBERY: Visibility cannot be impaired, e.g. by trees or shrubbery, at intersections and driveways within a sight triangle of:
• 30 ft x 30 ft at 4-way stop intersections
• 45 ft x 15 ft at 2-way stop intersections (longer distance along thru street)
• 30 ft x 15 ft at driveways (longer distance along street)
  
  
• GARAGE SALES: Single family dwellings are allowed no more than 3 garage sales or similar activities per year

Subdivision Restrictions

• Only one single family dwelling shall be built on each lot
• Minimum square footage are specified for 2 bedroom and 3 bedroom single story dwellings and for the ground floor of two story dwellings; usually in the range of 1200 to 1500 sq. ft.
• A detached garage is permitted; usually for a maximum of 3 cars. Front setback is specified; most often 30 ft.
• Side setback is specified; usually 8 ft or 10 ft.
• No fence shall be erected beyond the front building setback of the lot. Easements for installation and maintenance of utilities apply
• No structure of a temporary character, trailer, basement, tent, shack, barn, garage or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently
• No animals shall be kept except as usual domestic pets

Frequent Complaints

Some of the most frequent complaints we receive are the following that are in violation of deed restrictions and city ordinances.

• Houses, lawns & pools not being maintained properly
• Improper parking of cars in yard on a regular basis
• Improperly parking other vehicles, trucks, boats & trailers in an inappropriate places
• Carports and fronts of houses being used for storage space
• Fences and other structures constructed in violation of city ordinances and subdivision restrictions
• Improper placement of trash & garbage on street for pickup
• More than one single family living in the same house in violation of the city's single family A-1 Zoning law
• Operating a business in an A-1 zoned district
• Causing an ongoing annoyance or nuisance in the neighborhood

These problems are certainly not unique to Broadmoor. We are committed to maintaining, preserving, and enhancing the property values of the Broadmoor subdivision by enforcing the subdivision restrictions. You can help by properly maintaining your property and by notifying the Association of any of these or other problem areas. The Association can be contacted by mail, the hot line, or email and someone will get in touch with you.

Residents are also encouraged to report violators directly to authorities.

• 311 Non-Emergency Hotline - Call 311 for non-emergency violations such weed cutting, junk/trash/debris on premises, illegal home businesses. If you cannot dial 311, then call 389-3090.
• 3rd District Police - 389-5247 - This precinct covers the Broadmoor area. Call them regarding parking violations or other non-emergency issues.

Code enforcement officers with the Office of Neighborhoods and Department of Public Works will be out in full force looking for violations proactively and via complaint. Violators will be ticketed and must appear at the new EBR Litter Court that started in August 2009. More . . .

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