Could a Ponchatoula mobile home be placed beside another dwelling under the ordinance's exception phrase?

Plain-English summary

A Ponchatoula zoning ordinance barred mobile homes on single-family lots that already had another dwelling, followed by the words "except as otherwise provided." A state representative asked what those words meant. In Opinion 03-0178, the AG concluded that the exception referred to a specific allowance elsewhere in municipal ordinances or state law.

The phrase did not give private parties discretion to change the prohibition at will. The opinion interpreted only the qualifying phrase; it did not identify another ordinance or statute that actually authorized a particular mobile-home placement.

Currency note

This opinion was issued in 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

Lot owners and mobile-home owners

For a single-family lot with another dwelling, the opinion said the exception depended on an express allowance in a municipal ordinance or state law. A private arrangement alone did not alter the quoted prohibition.

Municipal zoning officials

The AG read the exception as incorporating provisions elsewhere in law that specifically permitted otherwise prohibited activity. The letter did not decide whether any such provision applied to a particular lot.

Common questions

Q: Did 'except as otherwise provided' mean a lot owner could privately waive the rule?
A: No. The AG said the zoning prohibition could not be altered privately at will.

Q: What could create an exception to the mobile-home rule?
A: The opinion pointed to another municipal ordinance or state law specifically permitting the placement.

Q: Did the AG find a specific exception for a Ponchatoula lot?
A: No. The letter interpreted the phrase but did not identify an applicable exception or determine facts for a particular property.

Background and statutory framework

Ponchatoula Zoning Ordinance 495 said mobile homes could not be located on single-family lots with other dwellings already there, "except as otherwise provided." The AG cited Board of Commissioners of Orleans Levee District vs. Department of Natural Resources, 483 So.2d 958 (La. 1986), at page 962 when explaining how the qualifying words incorporated other legal exceptions.

Citations and references

Case cited: Board of Commissioners of Orleans Levee District vs. Department of Natural Resources, 483 So.2d 958 (La. 1986).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0178

Original opinion text

DEPARTMENT OF JUSTICE
One American Place
301 Main Street, Suite 600
(~1~’i/ DI~’I$1ON
P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013
RICHARD P. IEYOUB 70804-9005 FAX: (22@) 342-2090
ATTORNEY GENERAL

APR 3 0 2003
OPINION 03-0178

Honorable Henry "Tank" Powell
61 LAWS - General
State Representative
The phrase "except as otherwise provided" in ordinance is
P. O. Box 1109
designed to incorporate exceptions contained elsewhere in
the municipal ordinances or state law which would
Ponchatoula, LA 70454
specifically permit prohibited activity.

Dear Representative Powell:

You have asked this office to interpret the following provision of Ponchatoula Zoning Ordinance 495 which states:

Mobile homes may not be located on single-family lots, where other dwellings are already located on the same lot, except as otherwise provided.

The qualifying phrase "except as otherwise provided" is designed to incorporate into Ordinance 495 exceptions contained elsewhere in the municipal ordinances or state law which would specifically permit mobile homes to be located on single-family lots. See Board of Commissioners of Orleans Levee District vs. Department of Natural Resources, 483 So.2d 958 (La. 1986), at page 962. The phrase does not mean that the prohibition contained in the ordinance can be altered privately at will.

We hope the foregoing is helpful to you. Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTOR EY GENERAL

’KERRY Ii~1LPXTR’I~
ASSISTAI~ ATTORNEY GENERAL

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