On motion of ___________, seconded by __________, the following ordinance
was offered:
SUMMARY NO. 24273
ORDINANCE NO.
An ordinance amending Chapter 33 Unified Development Code and
Chapter 40 Zoning of the Jefferson Parish Code of Ordinances, with the
intent of facilitating unified development regulations by adding existing
standards in Chapter 40 to Chapter 33; reorganizing, reformatting, and
revising articles and sections pertaining to administration, procedures,
zoning, development standards, and supplemental conditions; providing
for cross-references between related provisions that are necessary to
efficiently administer land development regulations in Jefferson Parish;
and providing for related matters. (Parishwide)
WHEREAS, Ordinance No. 21939, which adopted the Comprehensive Plan
on August 6, 2003, requested and authorized the Planning Department to draft and
submit to the Parish Council those amendments to the Jefferson Parish Code of
Ordinances, including all chapters, codes, regulations, policies, procedures and
plans that are needed to implement and administer the Comprehensive Plan; and
WHEREAS, the Comprehensive Plan identified the revision of the Parish’s
development regulations, particularly zoning and subdivision, as essential to address
the specific policies highlighted in the Plan and to resolve a wide variety of other
deficiencies in code organization, procedures, standards, and definitions; and
WHEREAS, the Comprehensive Plan also specified that the Parish consolidate
all of its development regulations into one Unified Development Code (UDC), for more
efficient and effective code administration; and
WHEREAS, Ordinance No. 23243 adopted on February 13, 2008 created an
organizational structure for the Unified Development Code in Chapter 33 of the Code of
Ordinances, and placed the revised subdivision regulations into Chapter 33 and
included this language in Article 3 Zoning, “The intent of the Parish Council is to move
all of its zoning regulations to Chapter 33”; and
WHEREAS, Ordinance No. 23881 adopted on September 22, 2010 created three
mixed-use zoning districts for the Fat City area, which were the first zoning district
regulations added to the Unified Development Code; and
WHEREAS, the UDC currently establishes many, but not all, standards and
procedures for development, and includes headings for regulations that are located in
other chapters of the Jefferson Parish Code of Ordinances as well as a reference to
zoning provisions in Chapter 40 Zoning for supplemental text during the transition
between chapters; and
WHEREAS, additions to the UDC and related modifications to the organization
and hierarchal outline to include divisions and subdivisions of articles and subsections,
will
improve consistency, clarity, usability, and enforceability of development
regulations; and
WHEREAS, further refinement of the UDC will be necessary from time to time to
fulfil the goals of the Comprehensive Plan and the intent of the Council to improve the
effectiveness of development regulations and the efficiency of their administration; and
WHEREAS, the Planning Director of this Parish has caused to be duly advertised
as prescribed by law, a public hearing in connection with the UDC Housekeeping text
amendments; and
WHEREAS, a public hearing was held by the Planning Advisory Board in
accordance with law. Now, therefore,
THE JEFFERSON PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That Chapter 33, Unified Development Code, Article 1. Administration
is hereby amended, by reformatting and renumbering, clarifying existing regulations,
and adding provisions and references to read as follows:
Sec. 33-1.1. Title.
This Chapter of the Jefferson Parish Code of Ordinances shall be known as the
Jefferson Parish Unified Development Code, hereinafter referred to as the “UDC” or this
Chapter.
Sec. 33-1.2. Authority.
The authority to establish this UDC is done, at the option of the Jefferson Parish
Council, in accordance with State law.
Sec. 33-1.3. Effective date.
As provided by state and local laws and the Parish Charter, this UDC shall be in full
force and effect pursuant to its adoption on February 13, 2008 by Ordinance No. 23243,
which established the effective date as ninety (90) days after adoption.
Sec. 33-1.4. Purpose.
In accordance with State law, and the Parish’s adopted Comprehensive Plan, the
purpose of this UDC is to:
A. Promote public health, safety, comfort, order, and general welfare;
B. Achieve the goals, objectives, and policies of the Comprehensive Plan;
C. Protect or enhance property values parishwide;
D. Protect private property rights;
E. Promote safe, orderly development and use of land and natural resources; and
F. Facilitate safe and economical provision of adequate streets, water, wastewater,
stormwater, schools, parks and other public facilities.
Sec. 33-1.5. Jurisdiction.
The Parish shall enforce these regulations governing planning, zoning, subdivision,
and building throughout the unincorporated areas of the parish, as authorized by State
law.
Sec. 33-1.6. Applicability.
This UDC shall be applicable in the following circumstances:
A. All buildings, structures, lands, and uses shall be subject to the procedures and
requirements of this UDC.
B. All divisions or subdivisions of land into two (2) or more parcels or lots or the
combination of lots shall be subject to the procedures and requirements of this
UDC.
C. No subdivision plat, as defined in this UDC, shall be filed for record or recorded
in the office of the Jefferson Parish Clerk of Court unless and until the approval of
the Parish Council or Planning Director, as applicable, is endorsed thereon.
D. No parcel of land in a subdivision created after August 28, 1958 shall be
transferred, sold, or offered for sale; nor shall a building permit be issued for any
structure thereon until a plat of subdivision has been approved by the Parish
Council or Planning Director, as applicable, and recorded with the Jefferson
Parish Clerk of Court in accordance with this UDC.
Sec. 33-1.7. Rules of interpretation.
A. Generally. In interpreting and applying the provisions of this UDC, they shall be
held to be the minimum requirements for the promotion of the public safety,
health, convenience, comfort, prosperity, or general welfare. This UDC is not
intended to interfere with or abrogate or annul any servitudes, covenants, or
other agreements between parties; provided, however, that where this UDC
imposes a greater restriction upon development, the provisions of this UDC shall
govern. Minimum values in this UDC are thresholds and are not intended to be
target values.
B. Rules of language. For the purpose of interpretation of the UDC, the following
rules of language shall apply:
1. The specific controls the general;
2. In case of difference of meaning or implication between the text of the UDC
and the captions for each section, the text shall control;
3. The word "shall" is always mandatory; the word "may" is permissive and is at
the discretion of the Parish Council, the Jefferson Parish Planning Advisory
Board (“PAB”), the Planning Director, or other decision-maker, as the context
may establish;
4. Words used in the present tense include the future; words in the singular
include the plural; and words of one (1) gender include all other genders,
unless the context clearly indicates the contrary within the time frame subject
to extensions provided herein;
5. All words, terms and phrases not otherwise defined herein shall be given their
usual and customary meaning, unless the context clearly indicates a different
meaning was intended.
C. Graphics. Illustrations are provided for the convenience of the user and in case
of a conflict with the text of this UDC, the text shall control.
D. Computation of time. Unless otherwise specifically provided, the timeframes
specified for actions shall begin on the business day following the submittal of an
application or the preceding action, and shall count by business days. Specified
timeframes shall not include Saturdays, Sundays, or Parish-recognized holidays.
All acts must be completed within the time frame subject to extensions.
E. Time limits. Applications submitted pursuant to this UDC may be scheduled for a
public hearing before the PAB or Old Metairie Commission (OMC), provided all
information required by this UDC has been submitted, and staff has made a
determination regarding conformance with all requirements of this UDC. Except
as otherwise provided, no application shall be deemed approved due to the
failure of Parish staff or officials to act within any timelines established within this
UDC. Extensions requested by the applicant or delays due to applicant‘s failure
to respond to requests for additional information shall not constitute failures to act
by Parish staff or officials. The Parish will endeavor to process all applications as
expeditiously as is reasonable. Any applicable application that does not receive
approval of the Parish Council within one hundred twenty-six (126) days of
opening of the PAB public hearing shall be deemed denied. See Article 2 of this
UDC for additional procedural guidance.
Sec. 33-1.8. Consistency with Comprehensive Plan.
This UDC is intended to implement the goals, objectives, and policies of the
Jefferson Parish Comprehensive Plan and is hereby deemed to be consistent with and
in accordance with the adopted Comprehensive Plan (the “Plan”). Any amendment to
this UDC and all land use actions pursuant to this UDC shall be consistent with the
Comprehensive Plan in accordance with the following provisions:
A. An amendment or land use action shall be consistent with the Plan if the land
uses, densities or intensities, public improvements, and other aspects of
development permitted by such amendment or proposed by such action are
compatible with and further the goals, objectives, policies, land uses, densities or
intensities, and standards in the Plan.
B. Before the Parish Council amends this UDC or takes any land use action, and
before the Planning Advisory Board or Old Metairie Commission makes any
recommendation to the Parish Council regarding an amendment or land use
action, the Planning Department, or other department responsible for providing
findings, recommendations, papers, correspondence, and records related to the
proposed amendment or action shall provide a written recommendation to the
Council, Planning Advisory Board and, as appropriate, the Old Metairie
Commission, regarding consistency with the Plan. The written recommendation,
which shall be advisory to the Council, Planning Advisory Board, or Old Metairie
Commission, shall state whether, in the opinion of the Planning Department or
other department, the proposed amendment or land use action is consistent with
the Plan, as well as whether to approve, deny, or revise the amendment or land
use action.
C. Before the Planning Director takes any ministerial land use action, she shall
make the written finding that the proposed land use action is consistent with the
Plan.
D. The Planning Department or other department shall find that the amendment or
land use action is consistent with the Comprehensive Plan when the proposed
amendment or land use action:
1. Furthers, or at least does not interfere with, the goals, objectives, and
policies, as well as the vision statements and strategies contained in the Plan
or any applicable neighborhood, subarea, or strategic plan adopted by
reference in the Plan; and
2. Is compatible with the future land uses and densities and/or intensities
contained in the Plan; or
3. Is compatible with the Thoroughfare Plan and carries out, as applicable, any
specific proposals for transportation facilities that are contained in the Plan; or
4. Carries out specific public actions, or actions proposed by nonprofit and forprofit organizations that are contained in the Plan.
E. If the Planning Department or other department determines that the proposed
amendment or land use action is not consistent with the Plan:
1. It shall state in the written recommendation any changes or revisions in the
proposed amendment or land use action necessary to make it consistent;
2. It may state in the written recommendation any amendments to the Plan that
are necessary to eliminate any inconsistency between the Plan and the
proposed amendment or land use action; and
3. Concurrent with a proposed land use action, the Planning Director may
initiate a future land use map amendment that is necessary to eliminate an
inconsistency between the Plan and the official zoning map, and the Council
may review and act upon the land use action and map change concurrently.
Concurrent approval shall be by ordinance.
F. The Parish Council, Planning Advisory Board or Old Metairie Commission shall,
upon receipt of the written recommendation as outlined above, review the
recommendation, giving the recommendation due regard in its deliberations,
findings and decisions. If the Council, Planning Advisory Board or Old Metairie
Commission rejects the recommendation in its deliberations, findings or
decisions:
1. It shall state whether the proposed amendment or land use action is
consistent with the Plan;
2. If the Council, Planning Advisory Board, or Old Metairie Commission
determines that the proposed amendment or land use action is not consistent
with the Plan:
a. It shall state any changes or revisions in the amendment or land use
action necessary to make it consistent; and
b. It may state any amendments to the Plan that may be necessary to
eliminate any inconsistency between the Plan and the amendment or land
use action.
Sec. 33-1.9. Relationship to other regulations.
The use of buildings and land within the Parish shall be subject to all other
applicable provisions of the Jefferson Parish Code of Ordinances as well as this UDC,
whether or not such other provisions of the Code are specifically cross-referenced
herein. Cross-references to other provisions of this Code and other applicable rules
and regulations are for the convenience of the reader; lack of a cross-reference should
not be construed as an indication that other provisions do not apply.
A. Conflicts. Whenever any provision of this UDC or any other applicable law, rule,
contract, resolution or regulation of the Parish, State or Federal Government
contains certain standards covering the same subject matter, the more restrictive
requirements or higher standards shall govern, unless otherwise provided.
B. Development under prior regulations. Any application found to be complete by
the applicable reviewer prior to the effective date of this UDC shall be processed
under the prior regulations unless the plat or plan has not been recorded within
six (6) months of the effective date of this UDC.
C. Relationship to private agreements. This UDC is not intended to abrogate,
annul, or otherwise interfere with any servitude, covenant, or any other private
agreement or legal relationship; provided, however, that where the regulations of
the UDC are more restrictive or impose higher standards or requirements than
such servitude, covenant, or other private agreement, the regulations of this UDC
shall govern.
D. Relationship to other regulations and codes. This UDC establishes many, but
not all of the standards and procedures for development. Other portions of this
Code, as well as other standards, shall apply to development, including, but not
limited to adopted zoning codes, building codes, fire codes, utility, street and
drainage design, and construction standards. This UDC includes headings for
regulations that are located in other chapters of the Jefferson Parish Code of
Ordinances. The intent of the Parish Council is to move these provisions to this
UDC as they are reviewed and updated.
Sec. 33-1.10. Appendix.
The Appendix of this UDC shall include, but not be limited to, the application forms
with submittal requirements; the application fee schedules; the information required on
the drawings—plans, elevations, details—for site plan review; the landscape and buffer
planting and maintenance specifications, the Subdivision Public Improvements
Standards Manual; and street improvements plans. These documents are not set out
herein, but are available for download from the Parish’s website address or for
inspection by hard copy in the following offices: the Planning Department for application
forms, fee schedules, site plan submittal requirements, landscaping specifications, and
street improvements plans; or the Department of Engineering for the Subdivision Public
Improvements Standards Manual.
Sect. 33-1.11. Fees.
A. Fee required. Any application for action pursuant to this UDC shall be subject to
the required fee.
B. Amount of fee. The amount of fees for development permits and applications
shall be as established by resolution of the Parish Council and as shown in the
Appendix of this UDC.
C. Payment. All fees shall accompany the application, shall be made payable to the
Parish and shall be submitted to the applicable official.
D. Exemptions. Except for notification and recordation costs, no fee is required for
an application filed for a publicly owned facility.
E. Fee refunds. All fees are non-refundable.
Sec. 33-1.12. Responsibilities for application of UDC.
Sec. 33-1.12.1. Parish Council.
Any action of the Parish Council shall require the affirmative vote of the majority
of the entire Parish Council. Specific responsibilities assigned by this UDC include
the following:
A. Decide on all Comprehensive Plan or zoning text or map amendments;
B. Decide on all special permitted use or conditional use permits;
C. Decide on all major subdivisions, including preliminary and final plat applications;
D. Authorize development agreements;
E. Decide on certain waivers or variances to this UDC;
F. Decide on certain exceptions to the requirements of this UDC;
G. Consider and adopt fees and authorize waivers to fees; and
H. Other responsibilities assigned by State law and the Jefferson Parish Code of
Ordinances.
Sec. 33-1.12.2. Planning Advisory Board (PAB).
The PAB shall be established in conformance with the Jefferson Parish Charter,
this Code, and State law.
The Planning Director shall provide written
recommendations to the Board.
A. Responsibilities. The PAB shall act in an advisory capacity to the Parish Council
in conformance with the Parish Charter, this Code, and State law. In addition to
the powers enumerated in this Code, these responsibilities shall include the
following activities:
1. Conduct public hearings and recommend action on Comprehensive Plan or
zoning text or map amendments, special permitted use or conditional use
permits, major subdivisions and certain waivers or variances from this UDC;
2. Make recommendations upon all other items referred to it by the Parish
Council; and
3. File copies of the minutes of its proceedings in the office of the Planning
Director for the public record.
B. PAB action. The affirmative vote of the majority of the Board members shall be
required before the Board shall act.
C. Written recommendations.
The PAB shall, upon receipt of the written
recommendation of the Planning Department, the Public Works Department, or
other department responsible for related findings, review the recommendation,
giving the recommendation due regard in its deliberations, findings, and
decisions. If the PAB rejects the recommendation in its deliberations, findings, or
decisions:
1. It shall state whether the proposed amendment or land use action is
consistent with the Comprehensive Plan and the requirements of this UDC.
2. If the PAB determines that the proposed amendment or land use action is not
consistent with this UDC, it shall state any changes or revisions in the
proposed amendment or land use action necessary to make it consistent; and
it may state any amendments to the Comprehensive Plan that may be
necessary to eliminate any inconsistency between the Plan and the
amendment or land use action
Sec. 33-1.12.3. Board of Zoning Adjustments (BZA).
The BZA shall be established in conformance with the Jefferson Parish Charter,
this Code, and State law. The Inspection and Code Enforcement Director shall
provide written findings to the Board. The responsibilities and procedures of the
BZA are pursuant to Article XLII Board of Zoning Adjustments in Chapter 40 Zoning
of this Code.
Sec. 33-1.12.4. Board of Standards and Appeals (BSA).
The BSA shall be established in conformance with the Jefferson Parish Charter,
this Code, and State law. The Inspection and Code Enforcement Director shall
provide written findings to the Board. The responsibilities and procedures of the
BSA are pursuant to Sec. 8-2.105 Board of Standards and Appeals in Chapter 8
Buildings and Building Regulations of this Code.
Sec. 33-1.12.5. Old Metairie Commission (OMC) (reserved).
Sec. 33-1.12.6. Land Use Review Technical Committee (LURTC).
A. Membership. Membership of the Land Use Review Technical Committee
(LURTC) shall consist of the following persons or their designees:
1. Planning Director;
2. Public Works Director;
3. Parish Attorney;
4. Engineering Director;
5. Inspection & Code Enforcement Director;
6. Traffic Engineering Division Supervisor;
7. East Bank Consolidated Fire Department representative;
8. West Bank Volunteer Fire Departments representative;
9. Environmental Affairs Director; and
10. Other agencies and department representatives that may be invited to
participate.
B. Responsibilities. The LURTC shall review and make recommendations on
zoning and subdivision applications submitted under this UDC, unless otherwise
provided in this UDC.
C. Meetings. The LURTC shall communicate to develop written findings and
recommendations from all represented departments on all matters before the
Committee. Failure to provide comments shall be construed as having no
objection to the application. The LURTC shall meet as needed to discuss means
to improve the effectiveness and efficiency of its development tracking system.
D. Record keeping. Unless otherwise provided in this Code, the Planning Director
shall serve as the recorder of the LURTC, shall maintain records of all written
findings and recommendations, and shall forward these findings to applicable
recommending and decision-making entities.
Sec. 33-1.12.7. Planning Director.
In addition to the responsibilities established in the Jefferson Parish Code of
Ordinances, the Planning Director shall have the responsibility and authority to
administer and enforce certain provisions of this UDC, as stated herein, including,
but not limited to, the following powers and duties:
A. Provide written reports and recommendations to the Parish Council, PAB, and
Old Metairie Commission stating whether the proposed plan amendment or land
use action requiring council approval is consistent with the goals, objectives, and
policies of the Comprehensive Plan and conforms with this UDC.
B. Act as a liaison to other agencies and organizations in UDC matters under the
authority of the Planning Director.
C. Where meaning or applicability is unclear, render interpretations to provisions of
this UDC related to the Comprehensive Plan, the Future Land Use Map, the
Zoning Map, subdivisions, conditional use permits, site plans where required by a
zoning district, and landscaping standards applicable to private property, except
those responsibilities assigned to the Public Works Director, Inspection and Code
Enforcement Director, or Property Maintenance Zoning/Quality of Life Director.
D. Keep a record of all transactions, correspondence, and actions pertaining to the
administration of provisions of this UDC under the authority of the Planning
Director.
E. Waive information requirements of this UDC under the authority of the Planning
Director if the provisions can be accomplished without such information, or
require additional information if it is reasonable and necessary for a
recommendation or decision.
F. Review rezonings; conditional uses; concept, development, or site plans;
preliminary and final subdivision plats; and any other matters before the LURTC
for conformance with this UDC; make written recommendations to the LURTC;
and make written findings and recommendations that incorporate all LURTC
recommendations to the OMC, PAB and Parish Council, if council approval is
required.
G. Review, approve, and record minor subdivisions and site, building, and
landscaping plans or elevations required by zoning district standards or this UDC
that permit ministerial discretion and approval for conformance with this UDC
after considering LURTC recommendations.
H. Review and approve conveyances and plat or plan adjustments or corrections for
conformance with this UDC after considering LURTC recommendations.
I. Make determinations of the official zoning, future land use, or lot designation of
properties within the unincorporated areas of the Parish.
J. Make such surveys, analyses, researches, inquiries, special studies, text or map
studies, and reports as are authorized or requested by the Parish Council,
Administration, or Planning Advisory Board or initiated by the Planning Director.
K. Administer and enforce the landscaping provisions of this UDC.
L. Facilitate and assist in the activities of the Planning Advisory Board and Old
Metairie Commission and provide technical recommendations to these boards.
M. If the Planning Director finds that any provision of this UDC under her authority is
being violated, the Planning Director shall notify in writing the person responsible
for such violation, indicating the nature of the violation and ordering action
necessary to correct it.
N. To remedy a violation of this UDC, the Planning Director shall:
1. Order the discontinuance of the illegal activity; and
2. Take any other action authorized by this UDC, this Code, or the Parish
Council to ensure compliance and to prevent violation of its provisions,
including action pursuant to Chapter 2.5 Administrative Adjudication of Public
Health, Housing, Fire Code, Environmental and Historic District Violations of
this Code.
O. Other responsibilities as may be assigned by the Parish Council or
Administration.
Sec. 33-1.12.8. Public Works Director.
In addition to the responsibilities established in the Jefferson Parish Code of
Ordinances, the Public Works Director or directors under his authority shall have the
responsibility and authority to administer and enforce certain provisions of this UDC
and this Code, as stated herein, and including, but not limited to, the following
powers and duties:
A. Assist the Planning Director, Inspection and Code Enforcement Director, and
LURTC with development review responsibilities.
B. Review subdivisions; revocations, vacations or abandonment of streets;
servitudes; rights-of-way;
public facilities; conditional uses; concept,
development or site plans; and preliminary and final plats before the LURTC for
conformance with this UDC and make written recommendations to the LURTC.
C. Administer and enforce environmental provisions of this Code and state or
federal laws related to floodplain management and the quality of air, water, and
land.
D. Review environmental matters before the LURTC for conformance with federal,
state, and local laws and make written recommendations to the LURTC.
E. Where meaning or applicability is unclear, render interpretations to provisions of
this Code regarding adequate public facilities, public utilities, and standards
applicable to public rights-of-way.
F. Review development agreements for conformance with this UDC and determine
the amount of the letter of credit, cash escrow or surety bond required for the
construction of public improvements.
G. Review and approve, approve with conditions, or deny applications for
construction plans in conformance with this UDC.
Sec. 33-1.12.9. Inspection and Code Enforcement Director.
In addition to the responsibilities established in the Jefferson Parish Code of
Ordinances, the Inspection and Code Enforcement Director shall have the
responsibility and authority to administer and enforce certain provisions of this UDC
and this Code, as stated herein, and including, but not limited to, the following
powers and duties:
A. Administer and enforce codes mandated by state and local laws, including, but
not limited to, residential, building, mechanical, fuel gas, plumbing, and electrical
codes.
B. Review and approve building permits, sign permits, and other permits under the
authority of the Code Enforcement Director, for conformance with this UDC.
C. Issue certificates of completion.
D. Facilitate and assist in the activities of the Board of Standards and Appeals and
the Board of Zoning Adjustments and provide technical support to these boards.
E. Act as liaison to other agencies and organizations in UDC matters under the
authority of the Code Enforcement Director.
F. Where meaning or applicability is unclear, render interpretations to provisions of
this UDC regarding building regulations, zoning text, supplemental conditions,
and development standards, except those responsibilities assigned to the Public
Works Director, Planning Director, or Property Maintenance Zoning/Quality of
Life Director.
G. Keep a record of all transactions, correspondence, and actions pertaining to the
administration of this UDC under the authority of the Code Enforcement Director.
H. Waive information requirements of this UDC under the authority of the Code
Enforcement Director if the provisions can be accomplished without such
information, or require additional information if it is reasonable and necessary for
a recommendation or decision.
I. Review rezonings; conditional uses; concept, development, or site plans;
preliminary and final subdivision plats; and any other matters before the LURTC
for conformance with this UDC or Code and make written recommendations to
the LURTC.
J. Make determinations of the authorized use of properties within the
unincorporated areas of the Parish.
K. Other responsibilities as may be assigned by the Parish Council or
Administration.
L. If the Inspection and Code Enforcement Director finds that any provision of this
UDC under her authority is being violated, the Inspection and Code Enforcement
Director shall notify in writing the person responsible for such violation, indicating
the nature of the violation and ordering action necessary to correct it.
M. To remedy a violation of this UDC, the Inspection and Code Enforcement
Director shall:
1. Order the discontinuance of the illegal activity; and
2. Take any other action authorized by this UDC, this Code, or the Parish
Council to ensure compliance and to prevent violation of its provisions,
including action pursuant to Chapter 2.5 Administrative Adjudication of Public
Health, Housing, Fire Code, Environmental and Historic District Violations of
this Code.
Sec. 33.1.12.10. Property Maintenance Zoning/Quality of Life Director.
In addition to the responsibilities established in the Jefferson Parish Code of
Ordinances, the Property Maintenance Zoning/Quality of Life Director shall have the
responsibility to administer and enforce certain provisions of this UDC and this
Code, as stated herein, but not limited to, the following powers and duties:
A. Inspect privately-owned property and structures and enforce this UDC and the
Code regarding quality of life matters and the use and maintenance of privatelyowned properties and structures;
B. If the Property Maintenance Zoning/Quality of Life Director finds that any
provision of this UDC under her authority is being violated, the Property
Maintenance/Quality of Life Director shall notify in writing the person responsible
for such violation, indicating the nature of the violation and ordering action
necessary to correct it.
C. To remedy a violation of this UDC or Code, the Property Maintenance
Zoning/Quality of Life Director shall:
1. Order the discontinuance of the illegal activity; and
2. Take any other action authorized by this UDC, this Code, or the Parish
Council to ensure compliance and to prevent violation of its provisions,
including action pursuant to Chapter 2.5 Administrative Adjudication of Public
Health, Housing, Fire Code, Environmental and Historic District Violations of
this Code.
D. Other responsibilities as may be assigned by the Parish Council or
Administration.
Sec. 33-1.13. Severability.
It hereby is declared to be the intent of Jefferson Parish that the provisions of this
UDC shall be severable. If any provision is declared invalid by a court of competent
jurisdiction, it is hereby declared to be the legislative intent that:
A. Decisions limited. The effect of such decision shall be limited to the provision or
provisions that are expressly stated in the decision to be invalid; and
B. Remainder stays in effect. Such decision shall not affect, impair or nullify this
UDC as a whole or any other part thereof, but the rest of the UDC shall continue
in full force and effect.
Sec. 33-1.14. Enforcement.
A. Violations. The remedies provided in this Section for violations of any provision
of this UDC, whether civil or criminal, shall be cumulative and shall be in addition
to any other remedy provided by law. Except as otherwise provided in this UDC,
any development or use initiated after adoption of this UDC, or maintained in
violation of this UDC, which is not in compliance with the provisions of this UDC
is prohibited and shall be punishable as such. Any of the following shall be a
violation of this UDC and shall be subject to the remedies and penalties provided
for in this UDC; including, but not limited to:
1. Activities inconsistent with this UDC.
To engage in development or
subdivision of any land in contravention of any regulation of this UDC.
2. Activities without permit or approval. To engage in any subdividing,
development, construction, or other activity of any nature upon land that is
subject to this UDC without all of the approvals required by this UDC.
3. Activities inconsistent with permit. To engage in any development, use,
construction, or other activity of any nature in any way inconsistent with the
terms and conditions of any permit, approval, certificate or other form of
authorization required by this UDC to engage in such activity.
4. Activities inconsistent with conditions. To violate, by act or omission, any
term, condition, or qualification placed by a decision-making body upon any
permit or other form of authorization granted pursuant to this UDC.
5. Removing or defacing required notice. To remove, deface, obscure or
otherwise interfere with any notice required by this UDC.
B. Separate offenses may be charged. Each day that a violation remains
uncorrected shall constitute a separate violation of this UDC, with such violations
beginning ten (10) days after the property owner has been notified in writing of
such violation by the Parish.
C. Civil remedies and enforcement powers. In case any development activity
occurs in violation of this UDC, the Parish, in addition to other remedies, may
institute any appropriate action or proceedings to prevent such unlawful
development activity, to restrain, correct, or abate such violation, to prevent the
occupancy of said building, structure, or land or to prevent any illegal act,
conduct, business, or use in or about such premises. The following remedies
and enforcement powers may be used to administer and enforce this UDC.
1. Withhold permit. The Parish may deny or withhold all permits, certificates,
approvals, or other forms of authorization on any land, structure, or
improvements thereon upon which there is an uncorrected violation of a
provision of the Jefferson Parish Code of Ordinances or of a condition or
qualification of a permit, certificate, approval, or other authorization previously
granted by the Parish. This enforcement provision shall apply regardless of
whether the current owner or applicant is responsible for the violation in
question.
2. Permits approved with conditions. Instead of withholding or denying a permit
or other authorization, the Parish may grant such authorization subject to the
condition that the violation be corrected.
3. Revoke permits. Any development permit or other form of authorization
required under this UDC may be revoked when the Parish determines that:
a. There is departure from the plans, specifications, or conditions as required
under terms of the permit;
b. The development permit was procured by false representation or was
issued by mistake; or
c. Any of the provisions of this UDC are being violated.
Written notice of such revocation shall be served upon the owner, the owner’s
agent or contractor, or upon any person employed on the building or structure
for which such permit was issued, or shall be posted in a prominent location;
and, thereafter, no such construction shall proceed.
4. Stop work. With or without revoking permits, the Parish may stop work on
any development activity on any land on which there is an uncorrected
violation of a provision of this UDC or of a permit or other form of
authorization issued hereunder.
5. Revoke plan or other approval. Where a violation of this UDC involves a
failure to comply with approved plans or conditions to which the approval of
such plans was made subject, the Parish may, upon notice to the applicant
and other known parties in interest (including any holders of building permits
affected) and after a public hearing, revoke the approval or condition its
continuance on strict compliance with this UDC, the provision of security to
ensure that construction is completed in compliance with approved plans, or
such other conditions as the Parish may reasonably impose.
6. Injunction and abatement. The Parish, through its authorized agents, may
initiate injunction or abatement proceedings or other appropriate action in the
District Court against any person who fails to comply with any provision of this
UDC, or any requirement or condition imposed pursuant to this UDC, to
prevent, enjoin, abate, or terminate violations. The Parish may seek a court
order in the nature of mandamus, abatement, injunction, or other action for
proceeding to abate or remove a violation or to otherwise restore the
premises in question to the condition in which they existed prior to the
violation.
D. Penalty.
1. Whoever, being the owner or agent of the owner of any land located within a
subdivision, transfers or sells or agrees to transfer or sell any land by
reference to or exhibition of or by other use of a plat of a subdivision or a plan
for the land, before such plat or plan has been approved and recorded or filed
with the Jefferson Parish Clerk of Court, shall make the instrument of transfer
subject to compliance with laws, ordinances, and regulations relative to the
development of subdivisions.
2. Whoever, being the owner or agent of the owner of any land located within a
subdivision, transfers or sells or agrees to transfer or sell any land by
reference to or exhibition of or by other use of a plat of a subdivision or a plan
for the land, before such plat or plan has been approved and recorded or filed
with the Jefferson Parish Clerk of Court, without making the instrument of
transfer subject to compliance with laws, ordinances, and regulations relative
to the development of subdivisions or land, shall be prohibited from obtaining
a permit, certificate, approval, or other form of authorization until the
instrument of transfer is rectified. The description of such lot or parcel by
metes and bounds in the instrument of transfer or other document used in the
process of selling or transferring shall not exempt the transaction from such
penalties or from the remedies herein provided. The Parish may enjoin such
transfer or sale or agreement by suit for injunction brought in any court of
competent jurisdiction.
E. Notification procedures. Whenever a violation of this UDC occurs, the Parish
shall give written notice of such violation either personally or by First-Class
United States mail to the owner(s) of the property and the person(s) responsible
for the violation, if known. Unless otherwise provided in this Code, the letter shall
direct that within ten (10) days following the mailing or the personal receipt of the
written notice, the violation shall be abated. If after such time the violation
continues, the Parish may issue a citation. If the violation is abated, but occurs
again at a later date, the Parish may issue citation directly without providing the
owner(s) or the violator(s) any further notice, unless otherwise provided in this
Code.
SECTION II. That Chapter 33, Unified Development Code, Article 2. Procedures is
hereby amended by creating five divisions and reformatting, renumbering, clarifying
existing regulations, and adding provisions and references, to read as follows:
Sec. 33-2.1. Purpose.
The purposes of this Article are to consolidate the procedures for filing and
processing applications for development approval and to allow users to ascertain the
steps involved in obtaining development approval—from filing of an application,
Amendment to Text of
Comprehensive Plan or
to this UDC
Amendment to the
Zoning or Future Land
Use Map
Conditional Use
(Special Permitted Use)
Site Plan:
CPZ or MUC with
Zoning Variance
CPZ or MUC
without Zoning
Variance
FC, OBM, U-1S






Code
Enforceme
nt Director
(M)
Planning
Director
(M)
BZA/Planni
ng Director
(Q, M)
BZA/ Code
Enforceme
nt
Director
(Q, M)
BSA/Code
Enforceme
nt Director
(Q, M)
Type of
Amendment
or Application
Council/PA
B
(L)
reviewing for completeness and compliance with standards and requirements, and
through holding of a public hearing if required. The provisions of this Article are
designed to implement the Parish’s Comprehensive Plan.
DIVISION 1. COMMON PROCEDURES
Sec. 33-2.2. Generally.
Any proposed land use or development shall comply with the procedures of this
UDC. Development approvals are required for all development, unless otherwise
excepted, to ensure compliance with adopted codes, standards, and regulations, and to
ensure consistency with the Comprehensive Plan and policies of the Parish. This
Division describes procedures that are common to multiple types of applications.
Reference is made to the appropriate section of this Code when procedures and
requirements of a particular application are addressed elsewhere. Generally, the
procedures for all applications have five (5) common elements:
A. Submittal of a complete application, including required fee payment and
appropriate information;
B. Determination of the category of development approval and review of the
submittal by appropriate staff, agencies, and boards;
C. A recommendation, if applicable, and a decision to approve, approve with
conditions, or deny the application;
D. If necessary, amending or appealing the decision; and
E. Recording the decision.
Sec. 33-2.3. Categories of development approvals.
Pursuant to this Article and as described in Table 33-2.3-1, development approvals
comprise three (3) basic categories: legislative (L), quasi-judicial (Q), and ministerial
(M).
A. A legislative development approval requires action by the Parish Council and
includes, but is not limited to, a UDC or zoning text amendment, rezoning,
conditional use permit, or major subdivision, all of which require a public hearing.
B. A quasi-judicial development approval, which requires a public hearing and
entails procedural due process requirements, involves the application of a
discretionary standard required by this Code. An example is a variance granted
by the Board of Zoning Adjustments.
C. A ministerial development approval involves the application of the standards of
this Code by an administrative official. A public hearing is not required, or, if
required, has already been conducted and the development approval application
ensures that the proposed use complies with the previously approved plat, plan,
or zoning amendment. An example is the issuance of a building permit by the
Director of Inspection and Code Enforcement. Administrative officials include,
but are not limited to, the Directors of Planning and Inspection and Code
Enforcement.
Table 33-2.3-1: Categories of Development Approvals
with Zoning
Variance
FC, OBM, U-1S
without Zoning
Variance
Subdivision:
Minor
Major
Building Permit:
Without Variance or
Appeal
With Zoning
Variance
With Appeal or
Variance to the
Technical Codes
Certificate of
Completeness
Code
Enforceme
nt Director
(M)
Planning
Director
(M)
BZA/Planni
ng Director
(Q, M)
BZA/ Code
Enforceme
nt
Director
(Q, M)
BSA/Code
Enforceme
nt Director
(Q, M)
Council/PA
B
(L)
Type of
Amendment
or Application







Sec. 33-2.4. Pre-application conferences.
Unless required in this UDC for a specific application type, applicants are
encouraged to meet with staff prior to filing an application to discuss the nature of the
proposed application, application submittal requirements, the procedure for action, and
the standards for evaluation of the application. At the pre-application conference, the
Planning Director, Public Works Director, Inspection and Code Enforcement Director,
or other administrative director may determine that additional information is necessary
to provide for an adequate assessment of the project. At any time during the
processing of any application, additional information may be required by the decisionmaker to ensure compliance with this UDC.
Sec. 33-2.5. Application and completeness review.
A. Applications. Current application materials shall be made available in the office
of the director responsible for the development approval. Such applications shall
be filed in advance of any public hearing required pursuant to this Code. The
director may establish a schedule for filing any application for development
approval that may require quasi-judicial or legislative action, which schedule
shall provide adequate time for notice and/or publication consistent with State
law or other applicable requirements. Completed applications shall be filed and
processed according to the schedule.
B. Completeness and staff review. Within three (3) days of the submittal of an
application for development approval, the applicable administrative director shall
make a formal determination of completeness. If the application is incomplete or
submitted prematurely, the applicant shall be notified in writing of the reasons for
the determination.
C. The applicable administrative department shall review applications for
compliance with all applicable regulations and with the processes described in
this UDC or other applicable provisions of the Jefferson Parish Code of
Ordinances. This review shall include a determination of the category of
development approval applicable to the application.
Regardless of the
development approval process required, the applicant must comply with all
applicable submission, procedural, and substantive provisions of this Code.
Sec. 33-2.6. Notice.
A. Notice of public hearings for the Old Metairie Commission and the Board of
Zoning Adjustments shall be provided pursuant to the applicable sections of
Chapter 40 Zoning of this Code. Except as otherwise provided, the following
notices shall be provided for PAB public hearings. Parish Council hearing notice
shall be provided by the Jefferson Parish Council Clerk in accordance with the
Jefferson Parish Code of Ordinances:
1. Published notice. Notice setting forth the date, time, place, and purpose of
the public hearing, a general description of the proposal, and location of the
subject property shall be published at least three (3) consecutive times in the
Official Journal of Jefferson Parish. Notice shall be published not more than
twenty (20) business days before the public hearing and at least ten (10)
business days shall lapse between the first publication and the public hearing.
2. Mailed notice. Notice setting forth the date, time, place and purpose of the
public hearing, a general description of the proposal, and location of the
subject property shall be mailed to the applicant and all property owners
within three hundred (300) feet, measured radially from the lot lines of the
subject property, at least ten (10) business days before the public hearing.
Mailed notice of a public hearing shall be sent at the applicant’s cost and the
applicant shall provide the Planning Director with a notarized list of names
and addresses of the property owners to be notified, as listed in the official
records of the Parish Assessor.
Figure 33-2.6-1: Mailed Notice Radius.
*
*
*
3. Posted Notice. At least one (1) sign shall be posted on the subject property,
visible from the nearest public street right of way, a minimum of ten (10)
business days before the public hearing. The sign(s) shall remain posted on
the property until after final action, and shall be removed within ten (10)
business days thereof. The Planning Director shall determine sign content.
4. No other mandatory types of notice shall be required; however, the Planning
Advisory Board or Planning Director, by rule, may provide for additional
discretionary forms of notice.
B. Defective notice; validity. No amendment, supplement, or change to this UDC; or
denial by the Council of any application, petition or other matter requiring notice
shall be declared invalid by reason of any defect in:
1. The publication of the notice of the purpose or subject matter and the time
and place of the hearing if the published notice gives reasonable notice of its
purpose, subject matter, substance or intent.
2. The posting or display of the notification sign if proof of the installation by the
appropriate Parish agency is presented; routine work orders or other such
documents of the department shall be prima facie evidence of the installation.
3. The mailing or receipt of the notice if sent within the established time period.
Failure to strictly adhere to the discretionary forms of notification shall not
form a basis for declaring invalid any ordinance or council action on any
matter.
C. Substitute, alternative or modified proposal. Notice of the original proposal on
the docket of the Planning Advisory Board in accordance with this section shall
also constitute notice of any substitute, alternative, or modified amendment,
supplement, or change that may be adopted by the Council, or recommended by
the Planning Director, other department director, Old Metairie Commission, or the
Planning Advisory Board following the public hearing if the said substitute,
alternative, or modified proposal meets the following criteria:
1. Zoning Reclassification and/or Future land Use Map Amendment.
a. If the original proposal is more restrictive than the present classification and
the substitute, alternative or modified proposal is less restrictive than the
original proposal but more restrictive than the present classification; or
b. If the original proposal is less restrictive than the present classification and
the substitute, alternative or modified proposal is more restrictive than the
original proposal but less than the present classification.
2. Text Amendment.
If the substitute, alternative or modified proposal is within reasonable limits
of the purpose or subject matter of the original proposal.
Sec. 33-2.7. Public hearing.
A. Purpose of hearing. The purpose of a public hearing is to allow the applicant and
all other interested parties the opportunity to be heard, to present evidence
relevant to the application, and to rebut evidence presented by others.
B. Conduct of hearing. Public hearings shall be conducted in conformance with
State and local laws.
C. Record of proceedings. The proceedings of all public hearings shall be recorded
in conformance with the provisions of State law.
D. Applicant not present. Subject to established time limits, if the applicant is not
present at the public hearing or if the applicant makes a request, then the BZA,
OMC, PAB, or Parish Council may elect to take no action on the application and
place the item on a future agenda.
E. Granting a continuance. Subject to established time limits, the BZA, OMC, PAB
or Parish Council may grant a continuance of proceedings to a future meeting at
any time for good cause shown. All motions to grant a continuance shall state
the date on which the matter is to be heard. A majority vote of those members in
attendance shall be required to grant a continuance. The record shall indicate
any stipulations or conditions placed upon the continuance.
F. Action on applications requiring notice. The decision-maker may take any action
on an application that is consistent with the notice given, including approval of
the application, conditional approval of the application, or denial of the
application. The decision-maker may allow amendments to the application if the
effect of the amendments is to reduce the density or intensity of the original
application, reduce the impact of the development, or reduce the amount of land
involved from that indicated in the notice of the hearing. An amendment shall not
include a greater variance than that requested on the application and placed on
the notice given.
G. Notice of final determination. Within ten (10) days of the final determination on
the development application, the administrative director may mail written
notification of the decision to the applicant, stating the action taken and including
all conditions imposed and times established for satisfaction of such conditions, if
any.
Sec. 33-2.8. Resolution of code violations.
Subject to the provisions of the Jefferson Parish Code of Ordinances (nonconforming situations), the Parish may require the remedy of code violations as a
condition of approval of any development application. When the Parish council is
charged with acting on the application, it may authorize the use of a development
agreement to ensure that code violations will be remedied.
Sec. 33-2.9. Post-decision proceedings.
Any person or persons or any officer, department, commission, board, district, or any
other agency jointly or severally aggrieved by the decision of the Jefferson Parish
Council may file Writs of Certiorari or other appropriate legal proceedings to review said
decision to the Twenty-Fourth Judicial District Court in and for the Parish of Jefferson,
within a maximum time period of thirty (30) days after the decision of the Council. The
actions of the Council in denying a request for development approval or amendment,
supplement, or change to the regulations, restrictions, zoning district, land use category,
or boundaries shall be subject to review on the grounds of abuse of discretion,
unreasonable exercise of police powers, an excessive use of powers granted to the
Council, or the denial of the right of due process. The right of judicial review of
ordinances enacted by the Council shall not be limited to the foregoing grounds.
Sec. 33-2.10. Expiration of development approval (reserved).
Sec. 33-2.11. Revocation of permit approval (reserved).
Sec. 33-2.12. Transfer of land; building permit (reserved).
Sec. 33-2.13. Parish initiated requests (reserved).
Sec. 33-2.14. Reserved.
Sec. 33-2.15. Reserved.
Sec. 33-2.16. Reserved.
Sec. 33-2.17. Reserved.
Sec. 33-2.18. Reserved.
Sec. 33-2.19. Reserved.
DIVISION 2. ZONING
Sec. 33-2.20. Comprehensive Plan amendments.
For amendments to the text, future land use map, or other official map of the
Comprehensive Plan, see Sec. 25-430 Amendment in Article VI, Comprehensive Plan
of Chapter 25, Planning and Development, of this Code.
Sec. 33-2.21. UDC text, zoning map, or concurrent zoning/future land use map
amendments.
Sec. 33-2.21.1. Purpose.
The Jefferson Parish Council may amend the text and official maps of this UDC
from time to time to address changing conditions, implement the Comprehensive
Plan, or promote the public necessity, convenience, general welfare, or good
planning practice.
Sec. 33-2.21.2. Initiation.
The amendment process may be initiated:
A. Upon recommendation for amendment by the Planning Director or the Planning
Advisory Board to the Council, after determination by the Planning Director or the
Planning Advisory Board, that the amendment should be considered. Prior to the
recommendation, the Planning Advisory Board or Planning Director may initiate a
study to prepare an amendment to this UDC;
B. By written request of an owner of real property in unincorporated Jefferson
Parish or the owner’s authorized agent. Such a request shall be submitted to the
Planning Director for evaluation by administrative staff and the Planning Advisory
Board prior to introduction of the requested amendment to the Council;
C. By resolution of the Council directing the preparation of a study of the text or
map; or
D. By introduction of an ordinance by the Council.
Sec. 33-2.21.3. Public hearing.
A public hearing for each proposed amendment shall be conducted by and
before the Planning Advisory Board, at which time all interested parties and citizens
shall have an opportunity to be heard. Each proposed amendment shall be allotted
a case or docket number and scheduled for public hearing. During the public
hearing, the Planning Director or her designee shall be called upon for presentation
of analysis and a technical recommendation for the proposed amendment. The
Planning Advisory Board may, in its rules of procedure, include provisions for the
order of presentation during public hearings.
Sec. 33-2.21.4. Decision makers.
A. Planning Director action. Prior to the public hearing, the Planning Director shall
submit the Planning Department’s findings and technical recommendation related
to the proposed amendment for consideration by the Planning Advisory Board.
B. Planning Advisory Board action. After considering public testimony and the
findings and technical recommendation of the Planning Director, the Planning
Advisory Board may recommend adoption of the proposed amendment as
presented, adoption of the amendment with modifications, or disapproval of the
amendment.
C. Recommendations to Council. After the Planning Advisory Board makes its
recommendation, the Planning Director shall forward her findings and technical
recommendation, the Planning Advisor Board’s recommendation, and the
minutes of public testimony to the Parish Council.
D. Parish Council action.
1. Upon receipt of the above referenced findings, recommendations, and
testimony, the Council may take official action. The Council shall consider the
findings, recommendations, and testimony prior to making a decision. If no
findings, recommendations, and testimony are received by the Council within
forty-five (45) days after the date of the Planning Advisory Board public
hearing, the Council may take official action upon the proposed amendment
without this record.
2. No amendment shall become effective unless and until:
a. There has been a public hearing, and
b. The Council takes a final vote on the proposed amendment within one
hundred and twenty-six (126) calendar days from the date of the Planning
Advisory Board public hearing. However, in the event that the deadline
falls on a holiday or a meeting that has been cancelled by the Council, the
deadline will be extended automatically to the next regular Council
meeting.
E. Approval criteria. In determining whether to approve, approve with
modifications, or disapprove a proposed amendment, the Council shall
consider the following matters:
1. Whether the proposed change is consistent with the goals and objectives
of the Comprehensive Plan, other adopted plans and policies, or other
Parish regulations and guidelines.
2. Whether the proposed change is consistent with the purpose and intent of
this UDC.
3. Whether the proposed change will benefit the public health, safety, and
welfare within the Parish.
Sec. 33-2.21.5. Approvals pending ordinance amendments; moratorium.
A. Upon adoption of a resolution or introduction of an ordinance, the Council may
call for moratorium on development approvals affected by the proposed
amendment or adopt interim development standards. Such moratorium or
interim development standards shall be in effect from the date that a resolution is
adopted or an ordinance is placed in summary for up to one (1) year or until the
effective date of the ordinance, whichever occurs first. The Council action shall
not affect action on completed applications submitted prior to the resolution or
ordinance, but may affect subsequent applications for the same project. When
calling a study or invoking a moratorium, the Council may establish interim
development standards providing for reasonable approval conditions or
exemptions for certain types of development applications that would otherwise be
affected by the study or moratorium. Introduction of an ordinance that conveys
the substantial intent of the Planning Director’s findings and recommendations for
the final disposition of a study shall extend a moratorium or interim zoning
regulations for an additional period not to exceed six (6) months or the effective
date of final Council action, whichever comes first.
B. The expiration of a moratorium or interim development standards shall not result
in the expiration of a study. The Planning Director shall notify the Council ninety
(90) days prior to the expiration of a moratorium. At any time during the ninety
(90) day period the Council may extend the moratorium or interim development
regulations by resolution or ordinance for no more than one (1) additional period
not to exceed six (6) months. Upon the expiration of the moratorium no identical
moratorium shall be imposed for a two (2) year period from the final expiration
date of the expired moratorium.
Sec. 33-2.21.6. Subsequent applications.
Whenever a petition or application is filed requesting or proposing a change in or
amendment to this ordinance and said petition of application has been finally acted
upon by the Council in accordance with the above procedure or when said petition or
application has received no action on the part of the Council within one hundred
twenty-six (126) calendar days, or when said petition or application has been allotted
a docket number and officially advertised for public hearing but has subsequently
been withdrawn either before or after said public hearing has been held, then the
Council shall not consider any further petition or application requesting or proposing
such change or amendments for the same property within two (2) calendar years
from the date of the Council's final legal action on said petition or application, or from
the expiration of the aforesaid one hundred twenty-six-day period in case no action
has been taken by the Council, or from the date of withdrawal of said petition or
application providing, however, that said petition or application has been allotted a
docket number and officially advertised. A change in ownership of property or any
interests therein, or the addition or deletion of property to the application which does
not substantially change the request shall not override the restrictions of this
paragraph. However, the provisions of this paragraph shall not apply in cases where
the Council, Planning Director or Planning Advisory Board wish to consider a
comprehensive zoning or future land use map revision of an area of more than
twenty (20) acres.
Sec. 33-2.22. Planned developments (reserved).
Sec. 33-2.22.1. Preliminary development plan and rezoning (reserved).
Sec. 33-2.22.2. Final development plan (reserved).
Sec. 33-2.23. Special use permit (reserved)
Sec. 33-2.24. Conditional use permit.
This section applies to certain uses, that because of unique characteristics or
potential impacts on adjacent and nearby land uses, are not permitted as a matter of
right but which may, under appropriate standards and factors, be approved.
Compliance with the generally applicable requirements may not be sufficient, and
additional measures and conditions may be necessary to mitigate the impact of the
proposed development. These uses shall be permitted through the issuance of a
conditional use permit (CUP) within a site plan approved by the Parish Council after
ensuring that the use can be appropriately accommodated on the specific property; that
it will conform to the Comprehensive Plan; that it can be constructed and operated in a
manner that is compatible with the surrounding land uses and overall character of the
community; and that the public interest, health, safety, and general welfare will be
promoted. For purposes of this Code, a special permitted use is the same as a
conditional use.
A. Applicability. The provisions of this section apply to any application for approval
of a conditional use enumerated by a “C” in the applicable use matrix.
Conditional uses are those uses that may be compatible with the land uses
permitted by right but that require individual review of their location, design, and
configuration, and the imposition of conditions or mitigations in order to ensure
the appropriateness of the use at a particular location within the zoning district.
B. Initiation. An owner of real property in unincorporated Jefferson Parish or the
owner’s authorized applicant may apply for a CUP for that property by filing an
application with the Planning Department. The application shall include the
material required for a site plan in the Appendix of this UDC and shall provide
substantial competent evidence in the form of data, reports, or impact
assessments to support findings related to the suitability of the use.
C. Procedure and approval. When the Planning Director has determined that the
application is complete, she shall forward the application to the LURTC for review
and comment. After LURTC review, the Planning Director shall make findings
and a technical recommendation regarding approval of the CUP and submit her
findings and recommendation to the PAB and Council in accordance with the
procedures of subsections A, B, C, and D of Sec. 33-2.21.4 Decision makers of
this Division. Pursuant to these procedures, a CUP shall require a public
hearing. The Planning Director and PAB may concurrently process and review
the CUP and its site plan with a concept plan, rezoning, or subdivision application
for the same property. The Council shall make the final decision regarding
approval of the CUP and may concurrently take action on related applications for
concept plan, rezoning, or subdivision.
D. Conditions. In approving any CUP, the Council may:
1. Impose such reasonable standards, conditions, or requirements, in addition to
or that supersede any standard specified in this Code, or within federal or
state regulations and standards if federal or state provisions allow additional
or stricter application, as the Council may deem necessary to protect the
public interest and welfare. Such additional standards may include, but are
not be limited to:
a. Availability and financing of adequate public facilities;
b. Dedication or reservation of land;
c. Impact fees;
d. Creation of special assessment districts;
e. Creation of restrictive covenants, easements, or servitudes;
f. Special setbacks, yard or area requirements;
g. Increased screening, landscaping, or buffering requirements;
h. Development phasing;
i. Standards pertaining to traffic, circulation, lighting, hours of operation,
vibration, noise, odor, dust, smoke, gas, or other performance-related
impact, or protection of environmentally sensitive areas and similar
characteristics; and
j. Provision of sustainable features;
2. Require that a performance guarantee be posted and a development
agreement be entered into by the applicant to ensure continued compliance
with all conditions and requirements as may be specified, in accordance with
Article 2 Procedures, Division 4 Development agreements of this UDC.
E. Approval criteria.
A conditional use is permitted only if the applicant
demonstrates that:
1. The proposed use shall comply with all applicable regulations of this Code;
2. The proposed use shall promote a high quality of development and will be
compatible with existing development and development anticipated in the
future, including recreational uses, public facilities, and open space
resources.
3. The establishment, maintenance, or operation of the proposed use shall not
have adverse impacts on the health, safety, comfort, or general welfare of
persons living or working in the area, and shall not be injurious to property or
improvements in the area. In making such a determination, consideration
shall be given to:
a. The location, type, and height of buildings, structures, or facilities;
b. The type and extent of landscaping, screening, and buffering on the site;
and
c. Whether the proposed use is consistent with the goals, objectives,
policies, or future land use or development patterns of the comprehensive
plan for the area, especially ones that encourage mixed uses or densities;
4. The proposed use shall not be noxious or offensive by reason of vibration,
noise, odor, dust, smoke, or gas;
5. Adequate public facilities shall be provided as set forth in Article 7, Adequate
public facilities required of this UDC;
6. Adequate measures shall be taken to provide ingress, egress, and interior
circulation so designed as to minimize traffic hazards and congestion on the
public streets and facilitate safe and convenient multi-modal transportation for
vehicles, pedestrians, and cyclists;
7. The proposed use shall not impede the orderly development and
improvement of surrounding property or the area;
8. The public interest and welfare supporting the proposed use shall be
sufficient to outweigh the individual interests that may be adversely affected
by the establishment of the proposed use.
F. Subsequent applications. An application for CUP may be withdrawn at any time.
If the application has been advertised for public hearing in compliance with the
procedures of this UDC, an application requesting substantially the same use on
all or part of the same described land shall not be reconsidered within one (1)
year of withdrawal. No application for a CUP for any lot or parcel that requests
the same use and same conditions shall be considered within one (1) year of a
final decision denying the application.
G. Amendments. An amendment is a request for any enlargement, expansion,
increase in intensity or density, relocation, or modification of any condition of a
previously approved and currently valid CUP. Unless otherwise provided,
amendments shall be processed as follows:
1. Minor amendment. After review and comment from LURTC the Planning
Director may approve a shift of five (5) percent or less, calculated
cumulatively over what was approved in the initial CUP application, in the
width, length, depth, or diameter of the location of a building, structure, or
impervious surface to meet a foundation or similar study or accommodate a
condition discovered during construction; or a five (5) percent or less increase
in either building footprint, gross floor area, or impervious surface calculated
cumulatively over what was approved in the initial CUP application; provided
that such minor changes comply with the following criteria:
a. No previous minor modification has been granted pursuant to this section;
b. There will be no detrimental impact on any adjacent property caused by
significant change in appearance or use of the property or any other
contributing factor;
c. The change does not involve the storage of hazardous, flammable, or
toxic materials as determined by the Fire Director or Chief;
d. Nothing in the currently valid CUP precludes or otherwise limits such
expansion or enlargement; and
e. The proposal conforms to the requirements of this UDC, complies with all
regulations of this Code, and is in keeping with the intent of the
comprehensive plan.
2. Major amendment. Any proposed amendment other than those provided in
this section for minor amendment are considered a major amendment and
shall be approved in the same manner and under the same procedures as
are applicable to the issuance of the initial development approval.
H. Nonconforming uses. For an existing and currently valid conditional use that is
no longer allowed as a conditional use in the zoning district in which it is located,
the Parish Council, upon receipt of an application forwarded by the Planning
Director, may review and approve an amendment to said development approval,
provided that such amendment does not allow the use to be enlarged, expanded,
increased in intensity, relocated, or continued beyond any limitation specified in
the existing use development approval or established in Chapter 40, Zoning,
Article XXXVII Nonconforming uses of this Code.
I. Recordation. A copy of all plans, agreements, ordinances, resolutions, or other
documents associated with the authorization of a conditional use pursuant to this
section shall be recorded at the expense of the applicant in the name of the
property owner in the office of the Jefferson Parish Clerk of Court, pursuant to
the procedures of Sec. 33-2.25.4 Recordation of approved site plan of this UDC.
J. Renewal. Unless excepted in a zoning district or specific use standard, or
otherwise provided, a conditional use shall be renewed every two (2) years
subject to the provisions of Sec. 40-764 Renewal of Special Permitted Use in
Article XL. Special Permitted Uses of Chapter 40 Zoning of this Code.
Sec. 33-2.25. Site plan.
Sec. 33-2.25.1. Purpose.
Site plans are intended to provide detailed information about the location, design,
and configuration of proposed buildings, parking, accessways, landscaping, yards,
and other features of site development. This information is needed to demonstrate
compliance with applicable requirements for the location and type of development
and is vital to ensure the continued health, safety, and welfare of the general public.
Recognizing that administrative staff is capable of evaluating site plans as a matter
of course in the review of development permits, that the land development
regulations are specific in terms of their requirements, including which uses are
subject to site plan review and in which zoning districts site plan review shall occur,
that the need for a public hearing is reduced for most projects, and in accordance
with law, the Parish establishes a ministerial or staff procedure for site plan approval
and provides a ministerial/quasi-judicial procedure and a legislative procedure for
site plans that require a public hearing and action by the Board of Zoning
Adjustments or the Parish Council.
Sec. 33-2.25.2. Applicability.
Site plans shall be required for development approvals as described in Table 332.25.2-1. and provided in the standards for each zoning district of this UDC or in this
Code for a specific use, building type, or development pattern. In addition to
establishing site plan applicability standards, zoning district standards may modify
site plan review procedures and submittal requirements.
Table 33-2.25.2-1: Development Approvals Requiring Site Plan Review, by District
Zoning District
New Development
FC-1
FC-2
FC-3



U-1S

Change in Use Resulting
in Increase in Required
Parking

Renovation Cost
Exceeding 50% of
Market Value

Addition Exceeding 25%
of Building Size

All Changes With
Exceptions Noted in
District Regulations



Parking Lot




Sec. 33-2.25.3. Development review process.
Unless otherwise provided in this Code, site plans shall be submitted to the
Planning Department. The Planning Director shall forward the site plan to the
LURTC for review and comment prior to action. Lack of findings from LURTC within
ten (10) days shall be construed as no objection to approval. After evaluating
LURTC comments and the site plan’s compliance with applicable development
standards, the Planning Director shall render a decision: 1) the application qualifies
for ministerial development approval; 2) the application qualifies for ministerial/quasijudicial development approval; or 3) the application is subject to legislative
development approval.
A. Ministerial development approval.
Unless otherwise provided in this Code, the Planning Director shall approve the
site plan if it fully complies with the criteria and standards set forth in the
applicable zoning district and other applicable sections of this UDC, or Chapters
of this Code.
B. Ministerial/Quasi-judicial development approval.
If the standards of the zoning district or in other applicable sections of this Code
authorize the Board of Zoning Adjustments (BZA) to grant a variance or
exception for criteria and standards and the applicant requests this quasi-judicial
action, the Planning Director shall forward the application with a recommendation
regarding approval to the BZA and shall withhold approval of the site plan until
the BZA takes final action.
C. Legislative development approval.
If the standards of the zoning district or in other applicable sections of this Code
authorize the Parish Council to approve a concept or development plan, or grant
a variance, waiver, or exception for criteria and standards and the applicant
requests this legislative action, the Planning Director shall forward the application
with a recommendation regarding approval to the Old Metairie Commission or
the Planning Advisory Board, as applicable, for a public hearing and
recommendation and to the Council for final action.
E. Submittal requirements.
The application for site plan review shall include the information listed in the
Appendix of this UDC, unless additional information is required by the zoning
district standards or other applicable sections of this Code, or the Planning
Director finds, in writing, that specific information is not required or additional
information is required to evaluate compliance with applicable development
standards.
F. Effect of approval.
Final site plan approval, as indicated by the dated signature of the Council
Chairman or Planning Director, as applicable, shall be valid for a period of one
(1) year, except that a phasing plan approved by the Council or Planning
Director, as applicable, may provide for approval of discreet project phases over
a period of up to three (3) years. Site plan approvals of longer than three (3)
years may be authorized through Parish Council approval of a development
agreement as provided in Division 4, Development Agreements, in this Article.
Sec. 33-2.25.4. Recordation of approved site plan.
A. For ministerial approval of a site plan, the applicant shall submit one (1) original
of the final site plan to the Planning Department for the Planning Director’s dated
signature, which shall indicate final approval. Within three (3) days of the
submittal of the plan, the Planning Department shall notify the applicant that the
Director has signed the plan. The applicant shall return the original and five (5)
copies of the signed site plan to the Planning Department. Within ten (10) days
of receipt of the original and copies from the applicant, the Planning Director shall
convey the approved site plan to the Clerk of Court for recordation and two (2)
copies of the recorded plan to the Department of Inspection and Code
Enforcement. Recordation of the approved site plan shall be initiated by the
Planning Department rather than the applicant, and shall be withheld until the
requested number of site plans has been received by the Planning Department.
B. When the Council approves the site plan, the applicant shall submit to the
Planning Department one (1) original and five (5) copies of the final site plan of
the project as approved by the Council. After certification by the Planning
Director that the submitted plans conform to the approval of the Council, as
indicated by the dated signature of the Planning Director, the Planning
Department shall submit the original and four (4) copies of the certified site plan
to the Clerk of Council who shall submit the site plans to the Clerk of Court for
recordation with the council ordinance or resolution that approved the project,
within sixty (60) calendar days of the effective date of the ordinance, resolution,
or certification by the Planning Director that the site plan conforms to the
approval of the Council, whichever is later. After recordation, the Clerk of
Council shall convey the original to the Planning Department and two (2) copies
of the recorded site plan to the Department of Inspection and Code Enforcement,
and shall file one (1) copy of the recorded site plan with the Clerk of Court and
one (1) copy with the Clerk of Council.
C. The Department of Inspection and Code Enforcement shall not issue a building
permit until it receives the recorded site plan from the Planning Department or
Clerk of Council, as applicable. The site plan indicating the recordation shall be
retained by the Clerk of Council, if applicable, and by the Planning Department
and the Department of Inspection and Code Enforcement, which shall flag
properties subject to site plans in its records. If approval of the site plan lapses
because no building permit has been issued or the building permit lapses and
has not been reactivated, then the recorded site plan shall be deemed null and
void. All approved site plans shall make reference to such conveyance
cancellation on the plans prior to recordation.
D. Upon notification in writing from the Director of Inspection and Code Enforcement
that site plan approval has lapsed for a property flagged for site plan approval,
the Planning Director shall notify, if applicable, the Council in writing that an act
of release with the Clerk of Court is necessary to provide inscription that releases
the property from the recorded site plan. The Council shall authorize an act of
release by resolution directing the Clerk of Council to file such act with the Clerk
of Court. The Planning Director or Clerk of Council, as applicable, shall provide a
copy of the recorded release to the Planning Department and the Department of
Inspection and Code Enforcement.
E. Unless an act of release is filed, the recorded site plan shall thereafter be binding
upon the applicants, their heirs, successors, and assigns; shall limit and control
the issuance and validity of permits and certificates; and shall restrict and limit
the use and operation of all land and structures within the area designated in the
site plan and approval thereof. The initial application for site plan review shall
include filing fees for recordation and release.
Sec. 33-2.26. Zoning variances.
For procedures of the Board of Zoning Adjustments for zoning variances under its
purview, see Article XLII Board of Zoning Adjustments in Chapter 40 Zoning of this
Code.
Sec. 33-2.27. Reserved
Sec. 33-2.28. Reserved.
Sec. 33-2.29. Reserved.
DIVISION 3. SUBDIVISION
Sec. 33-2.30. Exemptions.
The following divisions of land shall be exempt from compliance with the subdivision
procedures established in this UDC:
A. Exceptions granted by State law;
B. Any lot, parcel, or tract of land located within the area governed by these
regulations that has been legally subdivided or re-subdivided by map, plat, or
deed or other legal means prior to the adoption of these regulations;
C. Cemetery lots;
D. An interest in oil, gas, minerals, or building materials, which is now or hereafter
severed from the surface ownership of real property;
E. The creation of a leasehold for a space within a multi-occupant building or a
commercial building site, provided that the property is a part of an approved
subdivision or addition and regulated in accordance with the site plan
requirements of the Parish;
F. The creation of a leasehold for agricultural use of the subject property, provided
that the use does not involve the construction of a building(s) to be used as a
residence or for any purpose not directly related to agricultural use of the land or
crops or livestock raised thereon; and
G. Court approved subdivision or transfer of land by charitable gift or will, provided
such gift or will has been recorded in the Office of the Jefferson Parish Clerk of
Court or ordered by a court of law, and further provided that the use,
development, or transfer by sale of any land involved in a court approved
subdivision or transferred by charitable gift or will shall be regulated by this Code.
Sec. 33-2.31. Minor Subdivision
Sec. 33-2.31.1.Purpose.
The provision of adequate data concerning land use, utility requirements, traffic
impact, streets, servitudes, and dedications is vital to ensure the continued health,
safety, and welfare of the Parish’s residents. Recognizing that the significance of this
data is reduced for small-scale projects that are most heavily impacted by cost of
producing this data, that the need for a public hearing is reduced for most small
projects, and in accordance with law, the Parish herein establishes a simplified
procedure for minor subdivisions.
Sec. 33-2.31.2.Applicability.
Any subdivision meeting the criteria established in this section may be submitted
to the Planning Director for ministerial review subject to the requirements of this
section. Plats shall be prepared in accordance with the requirements listed in the
Appendix of this UDC.
A. The realignment or shifting of lot boundary lines including removal, addition,
alignment, or shifting of interior lot boundary lines, or the designation or redesignation of lot numbers provided the application meets the following
requirements:
1. Does not involve the creation of any new street, right-of-way in full ownership,
or other public improvement but may provide for the dedication, acceptance,
relocation, or deletion of public utility servitudes granted to Jefferson Parish,
other than streets.
2. Does not involve more than two (2) acres of land or ten (10) lots of record.
3. Does not result in the creation of a lot that is below the minimum width, depth,
and area requirements of this code, except when the new width, depth, or
area increases conformance with the minimum width, depth, or area
requirements of this code, without creating greater deficiency in any of these
requirements.
4. Does not involve the creation of a subdivision with private street(s) as
described in Sec. 33-7.5 Transportation of this UDC or the creation of a
private or common driveway as described in Sec. 33-6.4 Block and Lot
Standards (c) Single-family residential lots of this UDC.
5. Does not result in a lot of record that is designated with two (2) or more
zoning districts, excluding overlay districts.
6. Does not result in the rear lot line of the new lot adjoining the side lot line of
another lot or the side lot line of the new lot adjoining the rear lot line of
another lot, when the property to be subdivided is within or abutting a
residential zoning district, unless the following conditions are met:
a. The adjacent lot(s) is under the same ownership as the subject lot; or
b. The Planning Director receives no letter of objection after notifying
abutting property owner(s) of the application for minor subdivision. The
applicant shall provide the Planning Department with a notarized list of the
names and addresses of the abutting property owners affected by the
change in lot orientation as part of the application for minor subdivision,
and the costs of certified mail shall be borne by the applicant. Any
objection, which must comply with the following criteria, shall result in a
major subdivision application:
(1) Objection must be made in writing and signed by the abutting property
owner(s) objecting to the minor subdivision;
(2) Objection must be received in the Planning Department office within
ten (10) days of the date of postage on the letter notifying the abutting
property owner(s) of the application for minor subdivision; and
(3) Objection to application shall be considered valid only if related to
possible negative impact on neighboring properties if the minor
subdivision is approved. A letter to the Planning Director objecting to
the minor subdivision must detail the abutting property owner’s
concerns regarding the specific impacts that the proposed minor
subdivision may have on the abutting property.
7. Does not result in the creation of a through lot if the abutting lots are lots
with single frontage when the property to be subdivided is within or
abutting a residential zoning district.
8. Otherwise meets all the requirements of the subdivision and zoning
ordinances, including Section 40-182 Application requirements and review
procedures for Planning Department of Article X.5 Metairie Ridge Tree
Preservation District (MRTPD).
B. Parcels of land where a portion has been expropriated or has been dedicated,
sold, or otherwise transferred to the Parish, thereby leaving a severed portion of
the original property that requires a re-designation of lot numbers and
establishment of new lot boundary lines.
C. If any of the following conditions are met, then the application shall be reviewed
as a Major Subdivision:
1. The Planning Director determines that the proposed subdivision creates the
need for off-site public infrastructure improvements that have not been funded
by the Parish or on the Parish capital improvements program; and
2. The Planning Director determines that the proposed subdivision differs
substantially from the neighborhood norm (as defined in this UDC).
Sec. 33-2.31.3.Application and procedure.
This application, with the information required in the Appendix of this UDC, shall
be filed with the Planning Director, who shall review and forward the application to
the LURTC for findings and recommendations.
Lack of findings and
recommendations from LURTC within five (5) days shall be construed as no
objection to approval. If the processing of the minor subdivision application is not
completed within six (6) months of application submittal, the application shall be
deemed null and void and the planning director shall notify the applicant in writing
that the application has been cancelled.
Sec. 33-2.31.4. Review criteria.
The minor subdivision shall comply with the criteria set forth for final plats.
Sec. 33-2.31.5. Decision-maker.
The Planning Director shall approve or send the application to the PAB and
Council in conformance with the requirements for major subdivisions.
Sec. 33-2.31.6. Process to record plat.
A. Filing and recordation generally. All subdivision plats approved by this
administrative procedure shall designate such fact on the plats and the plats shall
be recorded in the conveyance records of the parish. Within ten (10) days of the
planning director’s dated signature, which shall indicate final approval, the
planning director shall convey the approved plat to the clerk of court for
recordation. Any plat so approved shall have the same force and effect and legal
status of a subdivision application approved by council ordinance.
B. Recordation pending sale. If a lot, parcel or tract of land for which an applicant
has requested a subdivision is the subject of a purchase agreement and the sale
of the lot, parcel or tract of land is predicated on approval of the subdivision, then
the applicant shall provide written statement of such fact in the application.
Within sixty (60) days of the dated signature of the planning director for a minor
subdivision, the applicant shall submit to the planning director a copy of the
recorded act of sale that executed the sale of the subject lot, parcel, or tract of
land. The Planning Director shall notify the applicant in writing of the impending
deadline if receipt is not timely. If the applicant fails to submit a copy of the act of
sale within sixty (60) days then the planning director shall file an act of release,
on a form approved by the parish attorney’s office, with the clerk of court to
provide inscription that releases the property from the recorded plat.
Sec. 33-2.32. Major Subdivisions.
Sec. 33-2.32.1.Concept plan.
A. Purpose and applicability. The concept plan is intended to ensure that proposed
land uses, intensities, and street layouts are consistent with the Comprehensive
Plan or applicable regulations. The concept plan is optional unless the applicant
chooses to plat or develop contiguous land holdings in multiple phases. The
concept plan is intended to provide assurance to the applicant and the Parish
that proposed land uses, development intensities, and street layouts are
acceptable prior to or in conjunction with action on a preliminary plat. The
concept plan also establishes a schedule for completion of multi-phased
development.
B. Application and procedures.
1. The application process overview is shown in Figure 33-2.32.1-1.
2. The application, with all materials and information required in the Appendix of
this UDC, shall be filed with the Planning Director, who shall review the
application for completeness and forward the application to the LURTC for
findings and recommendations.
3. The application for concept plan approval may be filed, processed, and heard
concurrently with the preliminary plat for all or a portion of the land shown
within the concept plan. If the entire concept plan area is included in the
preliminary plat, then the concept plan and preliminary plat shall be approved
through the same ordinance. If the preliminary plat includes only a portion of
the concept plan area, then the concept plan shall be approved by resolution
and the preliminary plan shall be approved by ordinance.
4. Notice shall be mailed, published, and posted in conformance with common
procedures of this UDC.
5. The Planning Director shall incorporate the LURTC findings and
recommendations with that of staff and forward one recommendation to the
PAB, which shall conduct a public hearing. The Planning Director shall
forward his findings and recommendations and those of the PAB to the Parish
Council.
6. Parish Council shall, after considering the findings and recommendations of
the PAB and Planning Director, approve, approve with conditions, or deny the
application by resolution.
Figure 33-2.32.1-1: Concept Plan Review Process.
*
*
*
C. Review criteria. The following criteria shall be considered when reviewing the
concept plan:
1. Consistency with the Comprehensive Plan and other applicable planning
documents;
2. Consistency with existing or proposed zoning of the property;
3. Existing or proposed availability of adequate facilities and services;
4. Suitability of the site for the proposed development;
5. Compatibility of the proposed development with the neighborhood norm (as
defined in this UDC), and
6. Compatibility of development with existing and planned land use patterns.
D. Approval.
1. Unless specifically stated in the resolution of the Parish Council, approval of
the concept plan shall constitute consent to proceed with the subdivision
process subject to the conditions of approval, which should address the mix
and intensity of proposed land uses, the general street layout, general
drainage patterns, and the phasing of development shown within the concept
plan.
2. Unless specifically stated in the resolution of the Parish Council, the concept
plan approval shall lapse two (2) years after approval by the Parish Council if
the applicant has not recorded a plat for the first phase of development, or, at
any time during the two (2) year period, when development lags one (1) year
behind the approved phasing plan.
3. Prior to lapse of approval, the applicant may file a written request with the
Planning Director to make adjustments to the phasing plan, which shall be
reviewed by the LURTC and acted on by resolution of the Parish Council.
The Parish Council may direct the PAB to conduct a public hearing when
changes to the phasing plan will affect property owners other than the
applicant.
4. Re-approval of a lapsed concept plan shall follow the same procedure as the
initial approval of a concept plan.
5. Adjustments to the concept plan may be authorized concurrently with
subsequent preliminary plat submittals.
Sec. 33-2.32.2. Preliminary plat.
A. Purpose and applicability. The preliminary plat is intended to ensure that
proposed divisions of land are consistent with adopted plans, policies, and
regulations for land use, public facilities, and public services. preliminary plat
approval shall be required prior to approval of the final plat for any major
subdivision. If there are no public improvements required, the preliminary and
final plats may be processed concurrently.
B. Application and procedure.
1. The application process overview is shown in Figure 33-2.32.2-2.
2. The application, with all materials and information required in the Appendix of
this UDC, shall be filed with the Planning Director, who shall review and
forward the application to the LURTC for findings and recommendations.
When applicable, the Planning Director shall also forward copies of the
application to relevant agencies not represented on the LURTC. Agency
comments shall be advisory and do not constitute approval or denial of the
application. However, the Parish Council may address agency comments in
its conditions of approval.
3. If the preliminary plat does not cover all contiguous land holdings of the
applicant, then the applicant must submit a concept plan.
4. Notice shall be mailed, published, and posted in accordance with common
procedures of this UDC.
5. The Planning Director shall forward a recommendation that incorporates the
LURTC findings to the PAB, which shall conduct a public hearing. The
Planning Director shall forward his findings and recommendations and those
of the PAB to the Parish Council.
6. The Parish Council shall conduct a public hearing and, after considering the
findings and recommendations of the PAB and Planning Director, as well as
the testimony at the public hearings, shall approve, approve with conditions,
or deny the preliminary plat application by ordinance.
Figure 33-2.32.2-2. Preliminary Plat Review Process.
*
*
*
C. Review criteria. The following review criteria shall be considered when reviewing
the preliminary plat:
1. Consistency with the Comprehensive Plan and other applicable planning
documents;
2. Consistency with existing or proposed zoning of the property;
3. Existing or proposed availability of adequate facilities and services;
4. Suitability of the site for the proposed development;
5. Compatibility of development with existing and planned land use patterns;
6. Compatibility of the development with the neighborhood norm (as defined in
this UDC);
7. Whether the proposed development is premature as evidenced by: the lack of
adequate public facilities within a reasonable distance to the site; or
extraordinary service delivery costs due to the remote location or poor access
to the site;
8. Whether proposed lots and blocks are consistent with adopted design
standards;
9. Whether proposed rights-of-way and servitudes are adequate to serve the
property and are consistent with adopted plans; and
10. Whether the traffic impacts from the proposed development can be
adequately mitigated in accordance with a traffic impact analysis, if required;
and
11. Whether the proposed development is consistent with an applicable concept
plan approval.
D. Approval.
1. Unless specifically stated in the ordinance of the Parish Council, approval of
the preliminary plat shall constitute consent to proceed with the subdivision
process subject to the conditions of approval, which should address the
subdivision lot design, street, and right-of-way arrangement, servitudes,
common areas, and other subdivision design issues. If adequate information
is available the ordinance may address on- and off-site improvement
responsibilities.
2. Unless specifically stated in the ordinance of the Parish Council or a previous
action on a phasing plan, the preliminary plat approval shall lapse one (1)
year after approval by the Parish Council.
3. Prior to lapse of approval, the applicant may file a written request with the
Planning Director for one (1) extension to the preliminary plat for a period not
to exceed one (1) year. After considering the LURTC recommendation, the
Parish Council may grant the request by resolution. Re-approval of a lapsed
preliminary plat shall follow the same procedure as the initial approval of the
preliminary plat.
4. Minor amendments to the preliminary plat may be approved by the Parish
Council at the time of action on the final plat. Minor amendments may include
any of the following changes:
a. Changes to lot line locations that do not increase the number or change
the orientation of lots and do not create any lots or blocks that fail to
conform to subdivision or zoning design standards;
b. Adjustments in rights-of-way and servitudes that do not substantially
relocate a facility, do not create any unusable parcels, and do not create a
substandard right-of-way or servitude;
c. Reconfiguration of open space and common areas, provided that the
change does not reduce the usability or area of common open space or
reduce the effectiveness of the open space in buffering adjacent property;
and
d. Changes in internal circulation patterns of local streets that do not affect
external or through traffic patterns.
5. Major amendments to the preliminary plat shall follow the same procedure as
the initial approval of the preliminary plat.
Sec. 33-2.32.3. Construction plans.
A. Purpose and applicability. Construction plans document the design, location,
materials and construction standards to be followed when making public
improvements required to serve new development. Construction plan approval
shall be required prior to approval of any final plat requiring construction or
modification of water, sewer, stormwater or street improvements.
B. Plan submittal and tracking. The applicant shall submit construction plans,
prepared in conformance with the requirements listed in the Appendix of this
UDC, to the Public Works Director. The plans shall, at a minimum, include
complete plans and specifications for all servitudes, streets, traffic control
devices, street lights, street signs, sanitary sewers, storm water facilities, water
system facilities, and sidewalks to be provided to each lot within the subdivision
together with other improvements required by these regulations. The status of
construction plans and subsequent public improvements shall be recorded in the
LURTC tracking system.
C. Public agency reviews. The Public Works Director shall review and act on all
construction plans within twenty-two (22) days of submittal of a complete set of
plans. The Public Works Director shall review and act upon up to two (2)
amended submittals within fifteen (15) days for each amended submittal. If a
third amended submittal is required, it shall be treated as a new application for
construction plan approval. Prior to approving the construction plans, the Public
Works Director shall forward the plans to applicable local reviewing agencies and
public utility companies that will service the subdivision and the Louisiana
Department of Transportation & Development if the subdivision abuts or requires
a road connection to any State route. The Public Works Director, after written
notice to the applicant, may seek consultation in the review of plans and the
applicant shall pay the costs of such consultations.
D. Construction plan requirements. All improvements required pursuant to these
regulations shall be designed and constructed in accordance with the design
standards and plan requirements of these regulations, the standards and
specifications of the Parish and, where applicable, the requirements and
authorization of the appropriate state agency, utility company, or local franchisee.
E. Approval. Following agency and utility approvals, the Public Works Director shall
review the plans and specifications for minimum improvements and shall
approve, conditionally approve or deny the construction plans, and record the
action in the LURTC tracking system. The Public Works Director shall determine
whether the construction plans and specifications comply with the adopted
standards and procedures for subdivision improvements, and shall determine the
amount of bond or other instrument of financial guarantee, if required.
Sec. 33-2.32.4. Final plat.
A. Purpose and applicability. The final plat is intended to ensure that proposed
subdivisions of land are consistent with adopted plans, policies, and regulations
for land use, public facilities, and public services and the approved preliminary
plat. Final plat approval shall be required prior to recording a major subdivision.
B. Application and procedures.
1. The application process overview is shown in Figure 33-2.33.4-3.
2. The application, with all materials and information required in the Appendix of
this UDC, shall be filed with the Planning Director, who shall review and
forward the application to the LURTC for findings and recommendations. The
Planning Director shall forward copies of the application to relevant agencies
not represented on the LURTC. Agency comments shall be advisory and do
not constitute approval or denial of the application. However, the Parish
Council may address agency comments in its conditions of approval.
3. If the final plat does not cover all contiguous land holdings of the applicant,
then the applicant must submit a concept plan prior to review and action on
the final plat unless a phasing plan was approved as part of the preliminary
plat application for all contiguous land holdings.
4. The Planning Director shall forward a recommendation that incorporates
LURTC findings to the Parish Council. After considering the findings and
recommendations of the LURTC, and other agencies, the Parish Council
shall, by resolution, approve, approve with conditions, or deny the final plat
application.
5. If no public improvements are required, the Council may review and act upon
the preliminary and final plat applications concurrently. Concurrent approval
shall be by ordinance.
Figure 33-2.32.4-3: Final Plat Review Process.
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*
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C. Review criteria. The following review criteria shall be considered when reviewing
the final plat:
1. Consistency with the Comprehensive Plan and other applicable planning
documents;
2. Consistency with existing or proposed zoning of the property;
3. Existing or proposed availability of adequate facilities and services;
4. Consistency with the approved preliminary plat, including the resolution of any
conditions established at the time of preliminary plat and applicable concept
plan approval.
D. The final plat may necessitate minor amendments to the preliminary plat, which
may include any of the following changes:
1. Changes to lot line locations that do not increase the number or change the
orientation of lots and do not create any lots or blocks that fail to conform to
subdivision or zoning design standards;
2. Adjustments in rights-of-way and servitudes that do not substantially relocate
a facility, do not create any unusable parcels, and do not create a
substandard right-of-way or servitude;
3. Reconfiguration of open space and common areas, provided that the change
does not reduce the usability or area of common open space or reduce the
effectiveness of the open space in buffering adjacent property; and
4. Changes in internal circulation patterns of local streets that do not affect
external or through traffic patterns.
E. Approval. The Parish Council resolution approving the final plat shall include:
1. Acceptance of improvements or acceptance of guarantees for completion of
improvements;
2. Authorization of the Parish Council Chair to sign a development agreement, if
applicable;
3. Approval of minor amendments to preliminary plat; and
4. Authorization to record the plat.
F. Approval of the final plat shall constitute consent to record the final plat subject to
the conditions of approval.
Sec. 33-2.32.5. Inspection and acceptance of improvements.
A. Guarantees required. Prior to recording a final plat approval, the applicant shall
complete all required public improvements shown in the construction plans to the
satisfaction of the Public Works Director or enter into a development agreement
guaranteeing the completion of required public improvements.
B. Construction of improvements.
1. Timing. Construction may begin after the applicant has received construction
plan approval from the Public Works Director and secured all required permits
and other approvals.
2. Filing of plans. Approved construction plans shall be retained in the office of
the Public Works Director.
3. Survey monuments. All subdivision boundary corners shall be marked with
survey monuments in conformance with the requirements in State law. If
survey monuments are removed during construction, a registered land
surveyor shall replace them before the final plat is approved and/or before the
Parish accepts improvements.
4. Guarantees. Prior to initiating construction, the applicant shall submit
financial guarantees, approved by the Parish Attorney, in the amount of onehundred ten percent (110%) percent of the public improvement costs. This
guarantee may be released in phases, or in whole upon certification by the
Public Works Director that improvements have been inspected and found to
comply with approved construction plans.
C. Modification of construction plans. Installation of improvements and construction
shall conform to the approved construction plans. If the applicant makes minor
modifications in design and/or specifications during construction, such changes
shall be made at the applicant's own risk, unless approved in writing prior to
construction. It shall be the responsibility of the applicant to notify the Public
Works Director in advance of any changes to be made to the approved plans.
After completion of construction, the applicant shall submit to the Public Works
Director “As-Built” plans prepared by a registered professional engineer with a
statement by the engineer to the effect that the installed improvements conform
to the approved construction plans with any exceptions noted. When the
applicant deviates from the construction plans, the Parish may take such other
actions as may be deemed appropriate including, but not limited to, revocation of
construction plan approval and/or permits already issued and/or withholding of
future approvals and permits.
D. Inspection required. All improvements required by this UDC shall be inspected
by the Public Works Director, except for improvements made under the
jurisdiction of other public agencies or by an independent engineer as authorized
in a written agreement with the Parish. In these cases, engineers or inspectors
of such agency will make the necessary inspections. Where inspections are
E.
F.
G.
H.
I.
J.
made by other agencies, the applicant shall provide the Parish with written
reports of each final inspection.
Inspection schedule. It shall be the responsibility of the applicant to notify the
Public Works Director in writing of the commencement of construction of
improvements forty-eight (48) hours prior thereto. Inspections shall be required
at each of the following stages of construction or as otherwise determined
through an owner contract or development agreement:
1. Site grading/erosion control completion.
2. Start and completion of each phase of underground utility construction,
including, but not limited to, all underground water, wastewater, and
stormwater facilities.
3. Subgrade preparation prior to aggregate base installation.
4. Aggregate base compaction.
5. Concrete curb and gutter installation.
6. Prior to paving streets.
7. Upon completion of each improvement.
Compliance with standards. The applicant and the bonded construction
contractor shall bear full and final responsibility for the installation and
construction of all required improvements according to the provisions of these
regulations and the standards and specifications of other public agencies.
Acceptance.
1. Approval of the installation and construction of improvements by the Public
Works Director shall not constitute acceptance by the Parish of the
improvement for dedication purposes.
2. The Parish shall not have any responsibility with respect to any street or other
improvement, notwithstanding the use of the same by the public, unless the
street or other improvements have been accepted by resolution of the Parish
Council upon recommendation of the Public Works Director.
3. The Parish shall not accept any improvements without the provision by the
developer of a one (1) year warranty with surety equivalent to fifteen percent
(15%) of the total cost of improvements to ensure that any failures occurring
within the warranty period will be properly repaired. This warranty shall be in
a form approved by the Parish Attorney.
Site clean-up. The applicant shall be responsible for removal of all equipment,
material, and general construction debris from the subdivision and from any lot,
street, public way or property therein or adjacent thereto. Dumping of such
debris into sewers, onto adjacent property, or onto other land in the Parish, other
than an approved landfill, is prohibited.
Failure to complete improvements. If a development agreement has been
executed and security has been posted and required public improvements are
not installed pursuant to the terms of the agreement, the Parish may:
1. Declare the development to be in default and require that all public
improvements be installed within six (6) months, regardless of the extent of
completion of the development at the time the agreement is declared to be in
default;
2. Accept the applicant’s vacation of the recorded plat;
3. Obtain funds pursuant to the surety and complete the public improvements by
itself or through a third party;
4. Assign its right to receive funds pursuant to the surety in whole or in part to
any third party, including a subsequent owner of the subdivision or addition
for whom the public improvements were not constructed, in exchange for the
subsequent development agreement ensuring the completion of the required
public improvements; and/or
5. Exercise any other rights available under the law.
Release of construction surety upon completion of public improvements. Upon a
satisfactory inspection of public improvements and acceptance by the Public
Works Director, the Parish Council shall adopt a resolution accepting
improvements and releasing the surety in the affected subdivision plat. The
surety for construction shall not be released until the Parish has accepted a
warranty for maintenance of improvements. Upon written request of the
applicant, the Jefferson Parish Council Clerk shall deliver a certified copy of the
resolution to the applicant and the company providing the guarantees.
Sec. 33-2.32.6. Process to record plat.
A. Filing and recordation generally. After the parish council chairman, or in his
absence, the vice-chairman, has signed the plat and the Planning Director has
determined that all other certifications and instruments required for recordation
are in order, the Planning Director shall forward a copy of the plat and related
documents to the Jefferson Parish Council Clerk for recordation within thirty (30)
days of the effective date of the ordinance that approved the concurrent
preliminary and final plat or the resolution that approved the final plat.
B. Recordation pending sale. If a lot, parcel or tract of land for which an applicant
has requested a subdivision is the subject of a purchase agreement and the sale
of the lot, parcel or tract of land is predicated on approval of the subdivision, then
the applicant shall provide written statement of such fact in the application.
Within sixty (60) days of the effective date of the ordinance that approved the
concurrent preliminary and final plat, or the resolution that approved the final plat,
the applicant shall submit to the Planning Director a copy of the recorded act of
sale that executed the sale of the subject lot, parcel or tract of land. The
planning director shall notify the applicant in writing of the impending deadline if
receipt is not timely. If the applicant fails to submit a copy of the act of sale within
sixty (60) days then the Planning Director shall submit an ordinance to the
council that rescinds the ordinance that approved the plat
Sec. 33-2.33. Plat corrections.
A. Purpose and applicability. The following short form approval process may be
used to correct a plat error, including the correction of any other type of formal,
non-substantive, clerical error, or omission by the Parish Council; such errors
and omissions may include, but are not limited to: lot numbers, acreage, street
names, and identification of adjacent recorded Plats.
B. Application and procedure. This application, with the information required in the
Appendix of this UDC, shall be filed with the Planning Director, who shall review
and forward the application to the LURTC for findings and recommendations.
Lack of findings and recommendations from LURTC within five (5) days shall be
construed as no objection to approval.
C. Review criteria. Each of the following criteria shall be satisfied prior to approval
of the plat correction:
1. All resultant parcels shall comply with the minimum standards required by this
UDC;
2. No reduction in street right-of-way width or reduction of servitude width shall
occur; and
3. The action shall not adversely affect the character of the previously recorded
Plat or the character of the area.
D. Decision-maker. The Planning Director shall approve, conditionally approve, or
deny all applications for plat corrections or adjustments after receiving and
considering the LURTC findings and recommendations. The Planning Director
shall be the final decision-maker except that the applicant may appeal the
decision of the Planning Director to the Parish Council through the major
subdivision process. If the plat correction is not recorded within six (6) months of
application submittal, the application shall be deemed null and void.
Sec. 33-2.34. Abandonments.
A. Purpose. When deemed to be in the public interest, and where no private rights
will be injured or endangered and neither the public nor abutting property owners
will suffer significant loss or inconvenience thereby, all or a portion of any street,
alley, or public reservation, including, but not limited to, public utility or drainage
servitudes, dedicated building setback lines and access control, or subdivision
plat may be vacated, in conformance with State law. Applications for
abandonment of any street, alley or a public reservation or subdivision plat may
be made by the Parish or by any owner of property on which the street, alley, or
public reservation lies or adjoins.
B. Applicability. A street or servitude may be vacated if the street, alley, or public
reservation, or servitude is not necessary for the public safety or convenience
and meets the review criteria set forth below. A plat may be abandoned if it has
not been developed or has been partially developed and the owner desires to
abandon the undeveloped portion thereof.
C. Application and procedure. Any street, alley, or public reservation, or portion
thereof, certain public rights-of-way, or subdivision plat may be abandoned by
ordinance adopted by the Parish Council. An application for abandonment shall
be filed with the Parish Attorney, who shall review and forward the application to
the LURTC for findings and recommendations. The Parish Attorney shall forward
copies of the application to relevant agencies not represented on the LURTC.
Agency comments shall be advisory and do not constitute approval or denial of
the application. However, the Parish Council may address agency comments in
its conditions of approval. Following the adoption of any ordinance abandoning
any street, alley, or public reservation, or portion thereof, or subdivision plat, the
Parish Clerk shall file a copy thereof for recording. Any abandonment of right-ofway, reservation or servitude occurring on a recorded plat shall be noted on the
Plat.
D. Reservation of servitudes. In abandoning any street, alley, or public reservation,
or portion thereof, either by plat or by ordinance, the Parish Council may reserve
such rights-of-way and other servitudes as in the judgment of the Council are
necessary or desirable for public service.
E. Reversion of land abandoned. Streets, alleys or other public reservations that
have been abandoned shall be sold or shall revert to the owners of adjoining
properties as provided by State law and any amendments thereto.
F. Review criteria.
1. The proposal is in conformance with State law.
2. The proposal is consistent with the Comprehensive Plan, Jefferson Parish
Thoroughfare Plan, and other adopted plans and policies of the Parish;
3. The proposal shall not create any parcel of land without Parish-approved
access to public right-of-way;
4. The proposal shall not restrict access to any parcel so that such access is
unreasonable, economically prohibitive, or devalues any property affected by
the proposed vacation;
5. The proposal shall have no adverse impacts on the health, safety, and/or
welfare of the general community, and shall not reduce the quality of public
services provided to any parcel of land; and
6. There is evidence that the right-of-way, reservation, or servitude or
subdivision plat is no longer needed by any of the parties having an interest in
same.
G. Decision-maker. The Parish Council shall review the application in the same
manner as a Plat at a public hearing and approve, approve with conditions, or
deny the application.
Sec 33-2.35. Subdivision waivers.
A. Purpose. Subdivision waivers provide a mechanism for relief for property owners
when strict application of this UDC would result in practical difficulties or a
particular hardship to a property owner due to unique conditions of a property
proposed to be subdivided. Waivers may be granted for lot dimensions and
setbacks at the time of preliminary plat approval. The waiver granted shall be the
minimum necessary to permit reasonable use of the land.
B. Applicability. Subdivision waivers to the provisions of this UDC may be
requested when an applicant can demonstrate that the unique parcel shape,
size, configuration or other conditions preclude compliance with this UDC.
C. Application and procedure. The application, with the required information as
listed in the Appendix of this UDC, shall be filed with the Planning Director.
Subdivision waiver requests shall be requested in writing along with a plat
application and processed concurrently with a Preliminary Plat application.
D. Required findings. A waiver is not a right. In conformance with State law, a
waiver may be granted only upon finding that:
1. The property cannot be developed reasonably under the provisions of this
UDC;
2. The requested waiver will not conflict with the purposes of this UDC or the
Comprehensive Plan;
3. The hardship does not generally apply to other properties in the Parish.
Reasons for hardship may relate to the particular property, because of size,
shape, topography, or other physical conditions, rather than personal
circumstances;
4. If the applicant complies strictly with the provisions of this UDC, then the
applicant will be unable to make reasonable use of the affected property;
5. The hardship does not exist because of conditions created by the owner or
previous owners of the property;
6. Granting the requested waiver will not confer on the applicant any special
privilege that is denied by this UDC to other lands that are similarly situated
and configured;
7. The granting of the waiver will not be contrary to the public interest, will not
adversely affect property values, will not adversely affect other property in the
vicinity, and will be in harmony with the intent and purpose of this UDC; and
8. The waiver requested is the minimum modification to this UDC necessary to
alleviate the hardship.
E. Decision maker. Decisions on subdivision waivers to this UDC shall be made by
the Parish Council. When a waiver to this UDC constitutes a waiver to multiple
sections of this UDC, separate actions shall not be required to modify the
provisions of each section. However, each waiver shall be cited in the ordinance
approving the preliminary plat and shall be noted on the final plat.
Sec. 33-2.36. Appeals from staff interpretations (reserved).
Sec. 33-2.37. Reserved.
Sec. 33-2.38. Reserved.
Sec. 33-2.39. Reserved.
DIVISION 4. DEVELOPMENT AGREEMENTS
Sec. 33-2.40. Purpose.
The purpose of a development agreement is to ensure completion of public
improvements and facilities, to assign responsibility for construction and funding of on
and off-site improvements, to provide assurances to the applicant that the development
may proceed under the terms of the development agreement, and to document all
agreements between the Parish and the applicant relating to a development.
Sec. 33-2.41. Applicability.
Except as provided below, before a subdivision plat is recorded or the department of
inspection and code enforcement issues the final certificate of compliance or completion
on the building permit for a site plan approved by the Planning Director or Council, all
applicants shall be required to complete, to the satisfaction of the Public Works Director,
all street, sanitary, and other public improvements required by this UDC. The required
improvements shall be those specified in the approved construction plans or site plans.
Sec. 33-2.42. Conditions.
If the applicant chooses not to complete all required on and off-site public
improvements prior to final plat approval or issuance of the final certificate of
compliance or completion, the applicant shall provide financial guarantees in favor of
the Parish to assure the construction of on- and off-site public improvements identified
in the final plat or site plan approval and documented in the development agreement.
This surety shall remain in effect for the duration of the agreement or until the Parish
has accepted all improvements. In the event the applicant is unable to complete the
required improvements, and such improvements are deemed necessary for the
preservation of the public health and safety, the Parish may use the guarantee to
complete the improvements as required or pursue other remedies authorized by State
law.
Sec. 33-2.43. Guarantee of completion of public improvements.
The Parish Council may defer the requirement for the completion of required
improvements if the applicant enters into a development agreement by which the
applicant guarantees completion of all required public improvements no later than two
(2) years following the date upon which the council approves the final plat or the
department of Inspection and Code Enforcement issues the final certificate of
compliance or completion on the building permit for a site plan approved by the
Planning Director or Council. The Parish Council may authorize an agreement
providing for multi-phase development over a longer period of time, provided that the
agreement includes a phasing schedule and that provisions are made for guaranteeing
completion of improvements required to serve each phase as it is subdivided or, in the
case of a site plan, developed. The Council may require the applicant to complete
and/or dedicate some required public improvements, rights-of-way, or servitudes for
subsequent development phases prior to approval of the final plat or issuance of the
final certificate of compliance or completion for a site plan for any phase of a multi-
phase development. For public improvements serving multiple developments the
Council may accept a pro rata contribution towards the funding of required public
improvements. The Parish Attorney’s approval of the form and legality of any
development agreement is required prior to its execution. The Public Works Director
shall verify that improvement costs provided by the applicant reasonably reflect the
costs of required improvements prior to execution of the development agreement.
Sec. 33-2.44. Covenants to run with the land.
The development agreement shall provide that the covenants contained therein shall
run with the land and bind all successors, heirs, and assignees of the applicant. The
development agreement shall be recorded with the Jefferson Parish Clerk of Court in
conjunction with the applicable final plat or site plan. Applicants shall be required to
have all existing lien holders subordinate their liens to the covenants contained in the
development agreement.
Sec. 33-2.45. Performance security.
A. Security required. Whenever the Parish Council permits an applicant to enter
into a development agreement under this section, the applicant shall be required
to provide sufficient security to ensure completion of the required public
improvements. The security shall be in the form of performance bond, a trust
agreement, a letter of credit, cash escrow, or a surety bond acceptable to the
Parish and naming the Parish as the beneficiary and guaranteeing construction
of subject improvements.
B. Amount of security. The performance bond, trust agreement, letter of credit,
cash escrow, or surety bond shall be in an amount estimated by the Public
Works Director as reflecting one-hundred ten percent (110%) of the cost of the
improvements in the approved construction plan or site plan as calculated using
prevailing wage rates, and shall be sufficient to cover all promises and conditions
contained in the development agreement.
C. Performance bond. In addition to all other security, when the Parish participates
in the cost of an improvement, the applicant shall provide a performance bond
from the contractor, with the Parish as a co-obligee.
D. Any performance or surety bond written for a project under this Section shall be
written by a surety or insurance company currently on the U.S. Department of
Treasury Financial Management Service list of approved bonding companies
which is published annually in the Federal Register, or by a Louisiana domiciled
insurance company with at least an A rating in the latest printing of the A.M.
Best’s Key Rating Guide to write individual bonds up to ten percent of
policyholder’s surplus as shown in the A.M. Best’s Key Rating Guide.
E. No Surety Company will be accepted as bondsman that does not have a
permanent agent or representative in the State of Louisiana upon whom notices
may be served. Service of notice on said agent or representative in the State of
Louisiana shall be equal to service of notice on the president of the surety
company or such other officer as may be concerned.
F. Should the applicant’s surety, even though approved and accepted by Jefferson
Parish, subsequently remove its agency or representative from the State of
Louisiana or terminate its residency or license in this state or become insolvent,
bankrupt, or otherwise fail, the applicant shall furnish a new bond by another
company approved by Jefferson Parish at no cost to Jefferson Parish. The new
bond shall be executed under the same terms and conditions as the original
bond.
Sec. 33-2.46. Escrow agent.
If security is provided in the form of a cash escrow, the applicant shall deposit with
the Parish Clerk of Council a cash amount or certified check endorsed to the escrow
agent for a face value in an amount not less than the amount specified by the Public
Works Director.
Sec. 33-2.47. Accrual.
The performance bond, trust agreement, letter of credit, surety bond or cash escrow
account shall accrue to the Parish for administering the construction, operation, and
maintenance of the improvements.
Sec. 33-2.48. Reimbursement.
Where oversized facilities are required, the development agreement shall establish
the amounts and terms of any reimbursements to be granted to the applicant.
Sec. 33-2.49. Temporary improvements.
The applicant shall construct and pay for all costs of temporary improvements
required by the Parish and shall maintain said temporary improvements for the period
specified.
Sec. 33-2.50. Governmental units.
Governmental units to which these improvement and security provisions apply may
file, in lieu of the Agreement and security, a contract by the officers or officials
authorized to act on their behalf, agreeing to comply fully with all applicable provisions
of these regulations.
Sec. 33-2.51. Decision-maker.
The Parish Council shall approve, approve with conditions or deny the development
agreement through the resolution approving a final plat or the ordinance approving a
preliminary plat or granting a rezoning. For a development agreement associated with a
site plan approved by the planning director or council, the council shall approve,
approve with conditions, or deny the development agreement through an ordinance.
Sec. 33-2.52. Reserved.
Sec. 33-2.53. Reserved.
Sec. 33-2-54. Reserved.
DIVISION 5. BUILDING, USE, AND OCCUPANCY
Sec. 33-2.55. Generally.
The ministerial development approvals described in this Division typically occur late
in the development approval process and authorize construction of a structure,
improvement of land, or establishment of land use. No land shall be disturbed and no
building or structure shall be erected, added to, or structurally altered until a
development approval has been issued by the Director of Inspection and Code
Enforcement. All development approvals shall comply with the requirements of this
Code. No development approval, building permit, certificate of completeness or
occupancy shall be issued for any building, structure, or activity where said
construction, addition, alteration, or use violates any provision of this Code.
Sec. 33-2.56. Building permit.
See Chapter 8 of this Code.
Sec. 33-2.57. Certificate of occupancy (reserved).
Sec. 33-2.58. Sign permit (reserved).
Sec. 33-2.59. Temporary use permit (reserved).
Sec. 33-2.60. Home occupancy permit (reserved).
Sec. 33-2.61. Floodplain development permit (reserved).
Sec. 33-2.62. Right-of-way construction permit (reserved).
Sec. 33-2.63. Access permit (reserved).
Sec. 33-2.64. Major development applications (reserved).
Sec. 33-2.65. Reserved.
Sec. 33-2.66. Reserved.
Sec. 33-2.67. Reserved.
Sec. 33-2.68. Reserved.
Sec. 33-2.69. Reserved.
SECTION III. That Chapter 33, Unified Development Code, Article 3, Zoning, is
hereby amended by creating six divisions and reformatting, renumbering, clarifying
existing regulations, and adding provisions and references to read as follows:
DIVISION 1. INTRODUCTION
Sec. 33-3.1. Purpose.
A. The intent of the Parish Council is to move all of its zoning regulations to Chapter
33. During the transition, the zoning provisions of this Chapter and in Chapter 40
of this Code supplement each other. To the extent that this chapter lacks
provisions and standards common to all districts and procedures for applying,
administering and enforcing its regulations, the provisions, standards, and
procedures of Chapter 40 shall apply; to the extent that the provisions of this
chapter conflict with the provisions of Chapter 40, the provisions of this chapter
shall prevail. All references to the UDC refer to Chapter 33 of this Code.
B. Pursuant to State law, the Parish Charter, and the Comprehensive Plan in Article
VI, Chapter 25 Planning and Development of this Code, the regulations of this
Article have the purposes of Sec. 33-1.4 of this UDC and further are designed to:
1. Lessen congestion in the streets;
2. Promote safety from fire, flooding, and other dangers;
3. Provide adequate light and air;
4. Prevent the overcrowding of land;
5. Distribute land uses to meet the physical, social, cultural, and economic
needs of present and future populations;
6. Ensure that new development is compatible with surrounding development in
use, character, and size;
7. Provide for land uses that serve important public needs;
8. Promote mixed-use buildings and mixed-use neighborhoods at appropriate
locations;
9. Promote residential development infill housing while enhancing the quality of
residential neighborhoods;
10. Encourage retail development along major transportation corridors and in
regional, community, and neighborhood centers;
11. Promote employment generators and the commercial and industrial land uses
that comprise their core;
12. Protect and preserve places and areas of historical, cultural, or architectural
importance and significance; and
13. Protect natural resources.
C. In accordance with the foregoing purposes, this Article establishes regulations
governing the following:
1. The location and use of buildings, other structures, and land for residential,
commercial, industrial, or other purposes;
2. The height, number of stories, and size of buildings and other structures;
3. The percentage of a lot that may be occupied;
4. The size of yards and other open spaces; and
5. Population density.
Sec. 33-3.2. General requirements.
Pursuant to this Article and Sec. 40-46 Restriction on land, buildings, and structures
of Article III General Provisions in Chapter 40 Zoning of this Code, no land shall be used
or occupied and no building or structure shall be designed, erected, moved, altered,
enlarged, occupied, or used or intended to be used except in conformity with all
regulations, compliance with all standards, and upon performance of all conditions
associated with any special or conditional use permit, variance, appeal, rezoning,
planned development, or site plan approval.
Sec. 33-3.3. Establishment of zoning districts.
In order to regulate, classify, and provide a framework for the location and use of
land, buildings, and structures; the height and size of buildings; the area of yards and
other open spaces; and the density and intensity of land development, this Article
establishes base zoning districts, overlay zoning districts, and floating zones.
Sec. 33-3.3.1. Base zoning districts.
The unincorporated areas of Jefferson Parish are divided into the following base
zoning districts:
A. Conventional base zoning districts that promote a single use or permit a limited
variety of use types.
1. B-1 Batture District.
2. S-1 Suburban District.
3. R-1D Rural Residential District.
4. R-1C Rural Residential District.
5. R-1B Suburban Residential District.
6. R-1A Single-Family Residential District.
7. R-1MH Manufactured Home District.
8. R-2 Two-Family Residential District.
9. RR-3 Three- and Four-Family Residential District.
10. R-1TH Townhouse District.
11. R-1CO Condominium District.
12. CD-R Core District-Residential District.
13. R-3 Multiple-Family Residential District.
14. GO-2 General Office District.
15. GO-1 General Office District.
16. H-1 Medical Service District.
17. H-2 Medical Service District.
18. BC-1 Business Core District.
19. C-1 Neighborhood Commercial District.
20. BC-2 Business Core District.
21. C-2 General Commercial District.
22. OW-1 Office Warehouse District.
23. MUCD Mixed-Use Corridor District.
24. M-1 Industrial District.
25. M-2 Industrial District.
26. M-3 Industrial District.
27. M-4 Industrial District.
B. Districts that promote a mix of uses.
1. OBM-1 Old Bucktown Mixed-Use Residential District.
2. OBM-2 Old Bucktown Mixed-Use Commercial District.
3. FC-1 Fat City Pedestrian-Core District.
4. FC-2 Fat City Residential Mixed-Use District.
5. FC-3 Fat City Commercial Mixed-Use District.
6. U-1S Unrestricted Suburban District.
7. U-1R Unrestricted Rural District.
Sec. 33-3.3.2. Overlay zoning districts.
The following overlay zoning districts are established for unincorporated
Jefferson Parish. These districts impose additional requirements on certain
properties within one or more underlying base zoning districts:
A. CPZ Commercial Parkway Overlay Zone is an overlay district which may be
superimposed on any zoning district and may be approved as a modified
proposal for any requested zoning change in compliance with the zoning
procedures of this Chapter.
B. OMNCD Old Metairie Neighborhood Conservation District is an overlay district
with boundaries defined in Article X Old Metairie Neighborhood Conservation
District in Chapter 40 Zoning of this Code.
C. MRTPD Metairie Ridge Tree Preservation District is an overlay district with
boundaries defined in Article X.5 Metairie Ridge Tree Preservation District in
Chapter 40 Zoning of this Code.
Sec. 33-3.3.3 Floating zones.
The following floating zones are established for unincorporated Jefferson Parish
in order to establish procedures and standards for the siting of uses that have
unique neighborhood, environmental, or design impacts and have not been
previously identified on the official zoning map, and that require individual, legislative
approval to establish appropriate standards.
A. GED Gaming and Entertainment District.
B. P-1 Penal and Criminal Correctional Institution District.
Sec. 33-3.3.4. Official zoning map.
The maps delineating the boundaries of the zoning districts, together with all
matters and information shown on these maps, collectively constitute the official
zoning map. The official zoning map, available from electronic records of the
Geographic Information System (GIS) of Jefferson Parish and kept current by the
Jefferson Parish Planning Department, is hereby adopted, approved, and made a
part of this Chapter, and all of this map including legends, notations, references, and
other information set forth thereon shall form a part of this Chapter as if all the matter
and information set forth on the map were fully described and copied herein. The
official zoning map contained in said electronic records is based on the paper official
zoning maps dated and adopted January 27, 1966, and as amended thereafter.
Sec. 33-3.3.5. Interpretation of boundaries and classification.
When uncertainty exists as to the boundaries shown on the official zoning map,
the following rules shall apply:
A. Boundaries indicated as following or approximately parallel to the right-of-way
lines or centerlines of streets, alleys, and other roadways; platted lot lines, parish
limits, and other boundary lines; the boundaries or centerlines of canals, the
river, lakes, other water courses, and other natural topographic features, shall be
construed to be such lines or boundaries or construed as parallel at a distance
indicated by dimension or scale of the official zoning map;
B. Boundaries indicated as following railroad lines shall be construed to be midway
between the main tracks;
C. In unsubdivided property or tracts, where a district boundary divides a lot, the
location of such boundaries shall be determined by use of the dimensions or
scale of the official zoning map;
D. Whenever any street, alley, or public way not subject to zoning regulations is
vacated by official action of Jefferson Parish or the State of Louisiana, the zoning
district line adjoining each side of such street, alley, or other public way shall be
automatically extended to the center of such vacation, and all areas so involved
shall then be subject to all regulations of the extended districts; and
E. Where physical or cultural features existing on the ground vary from those shown
on the official zoning map, or in case any further uncertainty exists, the Planning
Director shall determine the location of boundaries.
Sec. 33-3.4. Master Use matrix.
Sec. 33-3.4.1. Interpretation.
Table 33-3.4.3-1. Master Use Matrix lists the principal uses allowed by right
within zoning districts as well as uses that may be authorized subject to
supplemental conditions or approval of a conditional use permit. Function and
structure codes of the Land Based Classification Standards (LBCS) of the American
Planning Association (APA) correspond to the authorized uses and shall be used to
define uses. (Table 33-3.4.1-1) The function code refers to the economic function or
type of establishment. The structure code refers to the type of structure or building.
In the land use matrices, the structure code is sometimes provided to augment the
function with a structural or building characteristic. All uses are subject to the
standards and regulations within this Code.
Table 33-3.4.1-1. LBCS Level 1 Classifications.
LBCS Function Classification
LBCS Structure Classification
Code
(Level 1)
(Level 1)
RESIDENCE OR
ACCOMMODATION FUNCTIONS
RESIDENTIAL BUILDINGS
GENERAL SALES OR SERVICES
COMMERCIAL BUILDINGS AND
OTHER SPECIALIZED
STRUCTURES
2000
MANUFACTURING
PUBLIC ASSEMBLY
STRUCTURES
3000
TRANSPORTATION,
COMMUNICATION,
INFORMATION, AND UTILITIES
INSTITUTIONAL OR COMMUNITY
FACILITIES
ARTS, ENTERTAINMENT,
RECREATION
TRANSPORTATION-RELATED
FACILITY
EDUCATION, PUBLIC
ADMINISTRATION, HEALTH
CARE
UTILITY AND OTHER
NONBUILDING STRUCTURES
CONSTRUCTION
SPECIALIZED MILITARY
STRUCTURES
7000
MINING & EXTRACTION
SHEDS, FARM BUILDINGS, OR
AGRICULTURAL FACILITIES
8000
1000
4000
5000
6000
AGRICULTURE, FORESTRY,
SUBSURFACE OR NO
9000
FISHING & HUNTING
STRUCTURE
A. LBCS hierarchy.
1. No entry. The LBCS function codes establish a four-digit hierarchy of uses
with digits to the right expressing greater specificity. Where no entry appears
in the zoning district columns of Table 33-3.4.3-1 (for example 1000, 1100
and 1110), the uses described more specifically in the rows below (1111 and
1112 in the above example) indicate whether or not a specific use is
authorized.
2. Entry. Where an entry appears in the zoning district columns of Table 333.4.3-1 for a general use (for example 2520) and also for a more specific use
(for example 2521) within the same classification, the more specific code and
its entry shall govern.
B. Entries for permitted uses.
1. A "P" indicates the listed use is allowed by right within the respective zoning
district.
2. An "S" indicates that the listed use is allowed subject to the supplemental use
regulations established in the zoning district standards, in Article 5 of this
UDC, or elsewhere in the Jefferson Parish Code of Ordinances.
C. Entry for conditional uses. A "C" indicates the listed use is allowed within the
respective zoning district only after review and approval of a conditional use
permit by the Parish Council in accordance with Sec. 33-2.24 Conditional Use
Permit of this UDC. For purposes of this UDC, a special permitted use is the
same as a conditional use. Note that supplementary conditions for some of these
uses are established in Article 5 of this UDC and within regulations for specific
zoning districts.
D. Entry for prohibited uses. An "X" indicates the listed use is not allowed within the
respective zoning district, unless otherwise expressly allowed within this UDC.
Sec. 33-3.4.2. Uses not specifically listed.
In the case where a use is not listed in the Master Use Matrix (Table 33-3.4.3-1),
and such use is not otherwise prohibited by law, the Planning Director and the
Inspection and Code Enforcement Director shall determine whether a substantially
similar use exists in the use matrix. If the Directors determine that a substantially
similar use exists, then the regulations governing that use shall apply to the
particular use not listed. If the Directors determine that a substantially similar use
does not exist, the Planning Director shall refer to the following documents and rules
of construction to address the matter:
A. LBCS Tables, American Planning Association, LBCS Project, 07-Oct-09 or latest
edition
B. North American Industry Classification System (NAICS), United States, 2007 or
latest edition.
C. If the Planning Director determines that the LBCS Tables do not address the use
at the appropriate level of specificity, then she shall refer to the NAICS for
guidance. If a use is listed for a general classification while a more specific
classification within the same industry classification is also listed, the specific
classification shall govern.
D. In referring to the NAICS, the Planning Director shall consider the industry
description and illustrative examples of the most specific NAICS classification
that may apply to the use, and shall compare uses across similar levels of
specificity within the same NAICS classification and between NAICS and LBCS
classifications.
E. If all nine (9) LBCS codes within a classification are populated with uses to the
fourth or most specific digit, then the Planning Director shall determine the most
appropriate location among existing codes for a use not specifically listed, based
on the NAICS and LBCS descriptions and illustrative examples.
F. If LBCS has unpopulated codes within a classification and none of the listed
codes are appropriate for the unlisted use, then the Planning Director shall
assign a new LBCS code based on the national standardization of the NAICS
and LBCS descriptions and the Parish's needs for zoning and land use
classification.
G. If the Planning Director determines that a new LBCS code is needed in the use
matrix (Table 33-3.4.3-1), then she shall call a text study of the use matrix in
accordance with section 33-2.23 to establish a specific listing for the use and the
appropriate district or districts where such use shall be allowed.
H. If, when seeking periodic ratification of interpretations through text amendment to
this Code, the Planning Director's or Inspection and Code Enforcement Director’s
interpretation is reversed by action of the Council, then decisions regarding a
development application made in reliance on the Director's interpretation shall be
valid, except that nonconforming use regulations of this Code shall apply.
Sec. 33-3.4.3. Master Use matrix.
Table 33-3.4.3-1. Master Use Matrix
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
RESIDENCE OR
ACCOMMODATIO
N FUNCTIONS
1000
Homes, apartments, housing for the
elderly, and hotels
Private Dwelling
1100
Single-family homes, doubles,
apartments, condominiums, mobile
homes, townhouses; excludes
households with special provisions
Single family
1110
1100
single family
detached
1111
1110
Typical single-family dwelling
single family
attached
(townhouse)
1112
1140
Each unit on a separate lot; fire wall may
protrude from roof or roofs may be
staggered
single family
manufactured
home
1113
1150
Two family (double
or duplex)
1120
two family
detached
1121
1130
Secondary or accessory dwelling unit
two family attached
1122
1121
Two attached dwelling units on a single
lot
Three family
(triplex)
1130
three family
detached
1131
three family
attached
1132
Three attached dwelling units on a single
lot
Four family
(quadruplex)
1140
Four attached dwelling units on a single
lot
Multi-family
1150
1200
Description
Five or more units
1200
Housing and custodial services for those
who cannot care for themselves, such as
the elderly. The subcategories reflect
four common patterns of housing for the
elderly and relate to the level of
dependence on the care provider
Retirement housing
services
1210
Housing with minimal convenience
services, but focus on attracting elderly
residents so as to provide a social
support system among the residents
Congregate living
services
1220
Housing with convenience services such
as meals, housekeeping, transportation,
recreational programs
1230
Adult care, group homes, board and
care; services include daily activity
assistance such as dressing, grooming,
bathing, etc.
Housing Services
Assisted-living
board and care and
adult care group
homes
LBCS
Classification
board and care
home
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
1231
See definition in Sec. 40-3 Definitions in
Chapter 40 Zoning of this Code
Continuing care
retirement center
1240
Retirement centers to which residents
turn over some or all of their assets in
exchange for housing, personal care,
convenience care, and some health
care. Also called endowment facilities,
founders care facilities, continuing care
retirement centers, etc.
Nursing or
convalescent home
1250
Nursing homes and convalescent
hospitals providing 24-hour skilled
nursing care
Hotels, Motels, or
Other
Accommodation
Services
1300
Lodging and short-term accommodation
for travelers, may offer wide range of
services
Bed and breakfast
inn
1310
Operate primarily in private homes and
small buildings
Rooming and
boarding
1320
Dormitory, fraternity or sorority house or
other specific group membership,
providing temporary accommodations
and may offer housekeeping, meals, and
laundry services
barracks
1321
dormitory
1322
1310
Primarily associated with uniformed
services (police, military, etc.)
1320
Primarily associated with an institution
that provides sleeping units and
communal dining facilities (college and
universities)
1330
Hotels that do not have gambling
services but may offer food services,
recreational services, convention hosting
services, laundry services, etc.; includes
extended-stay hotels
Hotel or motel
1330
Hotel
1331
See definition in Sec. 40-3 Definitions in
Chapter 40 Zoning of this Code
Motel
1332
See definition in Sec. 40-3 Definitions in
Chapter 40 Zoning of this Code
Casino hotel
1340
Functions like a resort or hotel in
addition to the gambling operations in
the casino portions of the premises
providing services packaged to serve
gambling, sports betting, slot machines,
food services, conference or convention
facilities, and recreational amenities like
spas
Other traveler
accommodations
1350
Guest houses, youth hostels and similar
short-term lodging
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
2000
Comprises the vast majority of nonresidential uses associated with
commercial land use; establishments
engaged in retailing merchandise
generally without transformation, in small
quantities, and to the general public, and
rendering services incidental to the sale
of merchandise
2100
Non-residential uses with displays of
merchandise sold to the general public
and other businesses, or after-sales
services such as repair or installation
Automobile sales or
service
2110
Motor vehicle and parts and accessories
dealers including repair and
maintenance, may have showrooms or
open lots for selling vehicles
car dealer
2111
Retail new or used automobiles and light
trucks such as SUV's
bus, truck, mobile
homes, or large
vehicles
2112
Retail new or used larger vehicles not
included in car dealers category such as
buses, RV's, and trucks;
motorcycle, atv
2113
Retail new or used motorcycles,
motorbikes, motor scooters, mopeds,
and off-road all-terrain vehicles
boat or marine craft
dealer
2114
Retail new or used boats, personal
watercraft, outboard motors, boat
trailers, related marine equipment
supplies
parts, accessories,
or tires
2115
Automotive parts and supply stores,
automotive stereo stores, tire and tube
shops
2116
Primarily retail automotive fuels with or
without convenience stores or food
marts and may provide automotive
repair, automotive oils, and replacement
parts and accessories
GENERAL SALES
OR SERVICES
Retail Sales or
Service and Repair
gasoline service
2270
2117
Automotive repair garages, maintenance
and tune-up shops, body and paint
shops, oil change and lubrication shops,
detail shop, car wash
2118
Primarily retailing fuels to trucks often in
combination with activities such as
providing repair or food services; See
definition in Sec. 40-3 Definitions in
Chapter 40 Zoning of this Code
car wash
2119
Primarily engaged in cleaning, washing,
and/or waxing automotive vehicles such
as passenger cars, trucks, vans, and
trailers; includes automotive detail shops
Heavy consumer
goods sales or
service
2120
Heavy or durable goods sales or
services
automotive repair
and maintenance
truck stop
LBCS
Classification
furniture or home
furnishings
hardware, home
center
lawn and garden
supplies
department store,
warehouse club, or
superstore
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
2121
Furniture (household, outdoor, office),
flooring, bedding, window treatment;
may be sold in combination with major
appliances or home electronics, or in
combination with installation and repair
services
2122
Retail home building and repair supplies,
may sell other products, such as lumber,
plumbing and electrical goods, tools,
housewares, hardware, lawn and garden
supplies, paint and wallpaper store
2592
2123
Retail nursery and garden products
predominantly grown elsewhere, outdoor
power equipment sales or services, pool
supply
2124
Retail large variety of goods, may
include apparel, furniture, appliances
and home furnishings, paint, hardware,
toiletries, cosmetics, photographic
equipment, jewelry, toys, sporting goods,
and groceries in combination with
general merchandise; no single line of
merchandise predominating
2240,
2250
electronics and
appliances
2125
Retail household-type appliances, tv's,
stereos, cameras, cell phones , may sell
computer hardware and software along
with other lines of merchandise and may
include trained repair persons to handle
maintenance and repair; however,
businesses primarily selling computer
hardware, software and services or
camera equipment and services are
classified in separate categories
lumber yard and
building materials
2126
Lumber yards and heavy building
materials retailing establishments
2127
Heating and plumbing equipment
retailers; for heating and plumbing
contractors who install or service, use
the appropriate construction category
2130
Retail wide range of product lines such
as apparel, appliances and home
furnishings, paint, hardware, toiletries,
cosmetics, photographic equipment,
jewelry, toys, sporting goods, automotive
parts, and dry goods.
computer and
software
2131
Retail computers, computer peripherals,
and prepackaged software without other
electronic or office equipment; may also
provide repair, support, and training
camera and
photographic
supplies
2132
Primarily retail cameras and
photographic supplies or retail with
repair and film developing
heating and
plumbing
equipment
Durable consumer
goods sales and
service
LBCS
Classification
clothing, footwear,
jewelry, silverware,
watches and
clocks, luggage
and leather goods,
sewing supplies
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
2133
Included is retailing in combination with
repair and lapidary work; for standalone
tailor, use LBCS Function Code 2624
2134
Primarily retailing bicycles and bicycle
parts, camping equipment, exercise and
fitness equipment, trophies, athletic
uniforms, specialty sports footwear, toys,
games, hobby, craft, musical
instruments,
books, magazines,
music, stationery
2135
Primarily retailing books, newspapers,
magazines, stationery, school and office
supplies, gift and novelty merchandise,
souvenirs, greeting cards and candles,
seasonal and holiday decorations,
curios, sheet music, prerecorded audio
and video tapes, CDs, DVDs and similar
products
Consumer goods,
other
2140
Retail merchandise (except groceries or
health items) not included in preceding
codes
florist
2141
Retail cut flowers, floral arrangements,
and potted plants purchased from others
art dealer, supplies,
sales and service
2142
Retail original and limited edition art
works and may offer art supplies and
services; Included in this category are
establishments displaying works of art
for retail sale in art galleries
tobacco sales or
tobacconist
2143
Retail cigarettes, cigars, tobacco, pipes,
and other tobacco supplies
mail order sales or
direct selling
2144
Retailing other than in stores, offer
services through sales staff that may go
to the customer’s location or may utilize
mail or electronic media, includes
businesses retailing from catalogue
showrooms of mail-order houses
antique shop, flea
market, thrift stores
2145
Primarily retail a general line of used
goods
Grocery, food,
beverage, dairy
2150
Retail food and beverage merchandise
from fixed point-of-sale locations
2151
Retail a general line of food, includes
meat and seafood markets,
delicatessens, and businesses retailing
baked goods made on- or off-premises
and not principally for immediate
consumption
2152
Excludes those with fuel pumps;
primarily retail a limited line of goods that
generally includes milk, bread, soda, and
snacks
sporting goods, toy
and hobby, and
musical
instruments
grocery store,
supermarket, or
bakery
convenience store
2591
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
2153
Primarily retail specialty food items such
as packaged coffee, tea, confectionery
products, nuts, spices, and gourmet
foods
fruit and vegetable
store
2154
Primarily retail fresh fruits and
vegetables either as stand-alone
business or larger collection of shops
such as common with farmers’ markets
and roadside grocery stands
beer, wine, and
liquor store
2155
Primarily retail packaged alcoholic
beverages
2160
Retail health and personal care
merchandise from fixed point-of-sale
locations; may have specialized staff
trained in dealing with the products, such
as pharmacists and opticians
pharmacy or drug
store
2161
Primarily retail prescription or
nonprescription drugs; often include
general line of products common to a
convenience store
cosmetic and
beauty supplies
and personal
grooming products
2162
Primarily retail cosmetics, perfumes,
toiletries, and personal grooming
products
optical and contact
lenses
2163
Retail prescription or nonprescription
eyeglasses and contact lenses; includes
customer fitting or lens grinding
2164
Retail prescription or nonprescription
health and convalescent aids; includes
customer fitting
2165
Primarily retail food supplement products
such as vitamins, nutrition supplements,
and body enhancing supplements
Finance and
Insurance
2200
Businesses engaged in financial
transactions that create, liquidate, or
change ownership of financial assets;
also pool financial risks by underwriting
insurance and annuities or support
employee benefits programs
Bank, credit union,
or savings
institution
2210
Perform central banking functions and
accept deposits or lend funds from these
deposits
drive-thru bank or
credit union
2211
specialty food store
Health and
personal care
convalescent
supply, prosthetic,
hearing aid store
health food
supplement store
2110
Includes drive-through banking services
to patrons
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
Credit and finance
businesses
2220
Extend credit or lend funds raised by
credit market borrowing, such as issuing
commercial paper or other debt
instruments or by borrowing from other
financial intermediaries; also include
credit card, sales financing, unsecured
consumer lending, real estate credit,
international trade financing, and
secondary market financing
pawn shop and
retail loan
2221
Consumer cash lending secured by
personal property; retail unsecured loan
operations
2230
Securities underwriting, brokering,
exchange services, managing portfolios,
providing investment advice and trust,
fiduciary, and custody services
2240
Insurance and annuity underwriting,
selling insurance and employee-benefit
related services
2250
Pool assets, such as funds and trusts,
on behalf of shareholders or
beneficiaries; act as principals in buying
or selling financial contracts, and provide
related investment services
2300
Establishments that rent or lease and
may sell assets, which can be tangible
such as real estate or equipment or
intangible such as patents and
trademarks
2310
Establishments that lease real estate
(except buildings) such as manufactured
home sites and vacant lots; includes real
estate appraisers and other
establishments performing real estate
related services while not leasing
buildings
2320
Manage real property for others;
management includes services
associated with overall operation of
property such as collecting rents,
overseeing maintenance, security and
trash removal
commercial
property-related,
mini- or selfstorage
2321
Lease buildings not used as residences;
includes mini-warehouses and selfstorage units which provide space where
clients store and retrieve goods
rental housingrelated
2322
Investment
banking, securities,
and brokerages
Insurance-related
businesses
Fund, trust, or other
financial
businesses
Real Estate, and
Rental and Leasing
Real estate
services
Property
management
services
2700
Establishments that rent or lease
buildings used as residences
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
Rental and leasing
2330
Establishments that rent or lease
tangible goods such as consumer goods
and mechanical equipment to
customers; excludes businesses
primarily renting equipment with
operators
Car rental and
leasing
2331
Rent or lease passenger cars without
drivers
leasing trucks,
trailers, rv's, buses,
aircraft, tugboats,
etc.
2332
Rent or lease trucks, tractors, buses,
semi-trailers, utility trailers, RVs, or offhighway transportation equipment such
as aircraft, railroad cars, steamships, or
tugboats; drivers or operators not
provided
recreational goods
rental
2333
Rent skis, canoes, bicycles, sailboats,
motorcycles
2334
Rent or lease office machinery and
equipment, heavy equipment without
operators for construction, well-drilling,
forestry, agriculture,
telecommunications, manufacturing,
metalworking, institutional furniture,
motion picture, or theatrical equipment
2335
Rent personal and household-type
goods and a range of consumer,
commercial, and industrial equipment
geared toward consumers, often operate
from a retail-like or store-front facility;
rental items include home health
equipment, consumer electronics, formal
wear, costumes, furniture and party
supplies
2336
Establishments that assign patents,
trademarks, brand names, and franchise
agreements
2400
Establishments that perform
professional, scientific, and technical
services that require a high degree of
expertise and training; often operate
from an office
2410
Establishments that sell expertise and
perform professional scientific, and
technical services, which depend on
worker skills and knowledge rather than
equipment; employees tend to be highly
specialized
2411
Title abstract and settlement offices,
lawyers, notaries, and other legal service
establishments
leasing
commercial,
industrial
machinery and
equipment
consumer goods
rental
intellectual property
rental
Business,
Professional,
Scientific, and
Technical
Professional
services
legal services
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
2412
Accounting-related establishments that
provide services such as auditing
accounting records, designing
accounting systems, preparing financial
statements, developing budgets,
preparing tax returns, processing
payrolls, bookkeeping, billing
2413
Architectural, landscape architectural,
engineering, drafting, building
inspection, surveying and mapping, and
laboratory testing (except medical,
veterinary, or auto emission) such as
acoustics, calibration, electronic,
mechanical
2414
Provide specialized design services that
include interior, industrial, and graphic
design, includes commercial studios with
artists that generate illustrations
requiring technical accuracy or
interpretative skills
consulting services
(management,
environmental
technical)
2415
Advise and assist businesses and other
organizations on management, scientific,
and technological issues; includes
establishments that provide expertise in
information technologies
scientific research
and development
services
2416
Conduct research or analyze in the
physical, engineering, cognitive, or life
sciences
2417
Advertising, public relations, media
buying agencies, direct mail advertisers,
market research, translation providers,
commercial and consumer photography
and ideography studios; translation and
interpretation providers
2418
Establishments with licensed
practitioners of veterinary medicine,
dentistry or surgery for animals, testing
services for licensed veterinary
practitioners, veterinary clinics, animal
hospitals
2420
Typical office uses in any business area,
provide a variety of standard
administrative services; the default
assignment for most office buildings
2421
Office providing administrative services
such as billing, record keeping,
personnel, organizational planning; use
this classification for stand-alone
establishments which, although they
may be part of a larger company, are
separate from the actual goods or
services producing facilities
accounting, tax,
bookkeeping,
payroll services
architectural,
engineering,
surveying and
related services
graphic, industrial,
interior design
services
advertising, media,
and photography
services
veterinary services
Administrative
services
office
administrative
services
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
2422
Office providing operating staff for
support services within a client's
facilities, including janitorial, security,
maintenance, laundry services, trash
disposal, and mail reception
2423
Office providing employee placement,
temporary help, and employee leasing
services
2424
Establishments that provide document
preparation, telephone answering,
telemarketing, mailing (except direct
mailing advertising), court reporting,
steno typing, facsimiles, word
processing, on-site PC rental, may
operate copy centers which provide
photocopying, duplicating, blueprinting
2425
Collect payments, compile credit and
employment information, repossess
tangible assets
2430
Office promoting or selling travel, tour, or
accommodation services, includes
convention and visitors' bureaus and
wholesale tour operators
2440
Office providing investigation, detective,
guard and patrol services, picking up
and delivery of money or valuable items
with protection while in transit, selling of
security systems along with installation,
repair or monitoring, remote monitoring
of security systems, locksmiths
2450
Office providing pest control, janitorial
services, landscaping, carpet and
upholstery cleaning, and other services
for buildings and dwellings
2451
Exterminate and control birds,
mosquitoes, rodents, termites and other
insects and pests (except for crop and
forestry production), includes businesses
that provide fumigation services
2452
Clean building interiors, interiors of
transportation equipment, windows,
swimming pools, drains or gutters
landscaping
2453
Office providing landscape maintenance,
and tree, shrub, plant, lawn, or garden
installation, may design landscape plans
or construct walkways, retaining walls,
decks, fences, ponds, or similar
structures; for nurseries, see 2121
(retail) or 9140 (agricultural)
carpet and
upholstery cleaning
2454
Establishments that clean and dye used
rugs, carpets, and upholstery
facilities support
services
employment
agency
copy center, private
mail center, other
business support
services
collection agency
Travel arrangement
and reservation
services
Investigation and
security services
Services to
buildings and
dwellings
extermination and
pest control
janitorial
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
packing, crating,
and convention and
trade show
2455
Establishments that package client
owned materials, organize, promote, and
manage events such as business and
trade shows, conventions, conferences,
with or without staff, float building and
decorating; use this code for standalone
conference and convention facilities
Food Services
2500
Prepare meals, snacks, and beverages
for immediate consumption
2510
Provide food services to patrons who
order and are served while seated and
pay after eating, may provide this
service in combination with selling
alcoholic beverages, providing takeout
services, or presenting live nontheatrical
entertainment
2520
Provide food services to patrons who
order or select items and pay before
eating; may be consumed on premises,
taken out, or delivered, includes deli,
pizza delivery, cafeterias which use
cafeteria-style serving equipment, a
refrigerated area, and self-service
beverage dispensing equipment, and
which display food and drink items in a
continuous cafeteria line
2521
Provides drive-in, drive-through or driveup food service to patrons; includes
most fast-food restaurants
2530
Prepare and serve specialty snacks,
such as ice cream, frozen yogurt,
cookies, and other baked goods, and
nonalcoholic beverages such as coffee,
tea, juice or sodas for consumption on or
near the premises; snowball stand
2531
Provides drive-in, drive-through or driveup food service to patrons; limited to
restaurants that prepare and serve
specialty snacks, such as ice cream,
frozen yogurt, cookies, and nonalcoholic
beverages
2540
Bars, taverns, nightclubs primarily
serving alcoholic beverages for
immediate consumption; may provide
limited food and entertainment
2541
Provides drive-in, drive-through or driveup sale of alcoholic beverages to
patrons; includes drive-thru daiquiri
shops
Full-service
restaurant
Cafeteria or limited
service restaurant
drive-through
restaurants
Snack or
nonalcoholic bar
drive-through snack
or nonalcoholic bar
Bar or drinking
place
drive-through
alcoholic beverage
service
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
2550
Prepare and serve meals and snacks for
immediate consumption from a
motorized vehicle, cart, stand, or table;
the use is the central location from which
the services are provided, not each
vehicle, cart, stand, or table; the land
used as the primary site for the
business’ sales
2560
Provide single event-based food
services via transport of food to events
or preparation of food at an off-premise
site for a restaurant, includes banquet
halls with catering for wedding
receptions, etc.
2570
Provide food services at institutional,
governmental, commercial, or industrial
locations based on contracts for a
specified period of time
Vending machine
operator
2580
Establishments that retail merchandise
through vending machines that they
service, not primarily engaged in
warehousing or wholesale distribution of
machines and equipment
Personal Services
2600
Catch-all category for all personal
service establishments; provided to
individuals rather than to businesses
Personal care
2610
Hair, nail, and skin care and related
personal care
hair, nail, and
cosmetic skin care
2611
Barber or beauty shop, nail, facial, or
cosmetology salon, hair stylist shop
dieting and weight
reducing
2612
Provides nonmedical services to assist
clients in attaining or maintaining a
desired weight, services include
individual and group counseling, menu
and exercise planning, and weight and
body measurement monitoring
tanning salon
2614
depilatory or
electrolysis (i.e.,
hair removal), hair
weaving or
replacement
(except by offices
of physicians), ear
piercing
2616
Dry cleaning and
laundry
2620
Mobile food
services
Caterer, banquet
hall
Food service
contractor
coin-operated
laundromat
2621
Primarily engaged in operating facilities
with coin-operated or similar self-service
laundry equipment for customer use on
the premises
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
2622
Provide dry-cleaning and laundering
services (except coin-operated), drop-off
and pickup sites for
laundries/drycleaners, specialty cleaning
services for special types of garments
2623
Primarily engaged in supplying, on a
rental or contract basis, laundered items
such as uniforms, gowns and coats,
table linens, bed linens, clean room
apparel, and treated mop or shop towels
tailor, alterationist
2624
Primarily engaged in altering personal
clothing items purchased elsewhere to fit
individual customers; for Textiles, see
LBCS Function Code 3130
Photofinishing
2630
Primarily engaged in developing film or
making slides, prints and enlargements
Parking lot and
parking garage
2640
Primarily engaged in providing parking
for motor vehicles, usually on an hourly,
daily, or monthly basis, may provide
valet parking services
parking lot
2641
Use this code for stand-along parking
lots only
parking garage
2642
Use this code for stand-alone parking
garages only
Adult use
2650
See definition in Sec. 40-3 Definitions in
Chapter 40 Zoning of this Code
massage parlor
2651
tattoo parlor
2652
adult establishment
2653
adult cabaret
2654
dry cleaning and
laundry
linen and uniform
supply
Pet and Animal
Sales or Service
(except Veterinary)
2700
Establishments that retail pets and other
animals (except for farming purposes)
and pet supplies, provide animal
services such as grooming, training, and
care taking
Pet or pet supply
store
2710
Retail pets, pet foods, pet supplies
2720
Provide animal and pet care services
(except veterinary services and horse
boarding), such as boarding, grooming,
sitting, and training
Animal and pet
services and
kennels
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
MANUFACTURING
AND WHOLESALE
TRADE
3000
Are located in plants, factories or mills
and employ power-driven machines and
materials-handling equipment but may
employ workers who create new
products by hand; these establishments
process products of agriculture, forestry,
fishing, mining as well as products of
other manufacturing uses. When
captive services such as accounting are
provided by a separate business, they
are classified in the appropriate function
code and not in manufacturing
Foods, Textiles,
and Related
Products
3100
Primarily produce food, tobacco, textiles,
and leather products
3110
Transform livestock and produce into
products for intermediate or final
consumption typically sold to
wholesalers or retailers; manufacture
beverages as nonalcoholic and
fermented and distilled alcoholic
beverages; includes principally
wholesale bakery and candy producers
for later consumption and ice
manufacturing
animal slaughtering
and processing
3116
Establishments that slaughter animals,
prepare processed meats and meat
byproducts, and render or refine animal
fat, bones, and meat scraps
Tobacco
manufacturing
3120
Redry and stem tobacco or manufacture
cigarettes, cigars or other tobacco
products
3130
Textile mills, textile product mills,
apparel manufacturers, includes uses
that work with materials owned by others
and those that manufacture custom
garments for individual clients; for tailors
and alterationists only, use LBCS
Function Code 2624
3140
Manufacture products for final
consumption from leather and leather
substitutes such as rubber, plastics, or
textiles. Rubber footwear, textile
luggage, and plastic purses are
examples.
3161
Establishments primarily engaged in one
or more of the following: tanning,
currying, and finishing hides and skins;
having others process hides and skins
on a contract basis; dyeing or dressing
furs
Food and
beverages
Textiles
Leather and leather
substitute products
leather and hide
tanning and
finishing
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
3200
Manufacture wood and paper products,
such as lumber, furniture, wood building
products, mobile homes, and paper
products; some perform related services
such a printing and bookbinding
3210
Manufacture wood products, except
furniture, such as lumber, plywood,
veneers, wood containers, wood
flooring, wood trusses, mobile homes,
and prefabricated wood buildings; may
include sawing, planning, shaping,
laminating, or assembling wood products
Paper and printing
materials
3220
Manufacture paper and offer printingrelated products that include
newspapers, books, periodicals, and
greeting cards; may perform support
activities such as bookbinding, platemaking and data imaging; does not
include publishers of printed products or
those that both print and publish
pulp, paper, and
paperboard mills
3221
Establishments primarily engaged in
manufacturing pulp, paper, or
paperboard
3222
Establishments that do not manufacture
the stock that they print; for publishers
and publishers that also print, use
publishing or information codes
3230
Manufactures furniture and related
articles such as mattresses, window
blinds, cabinets, fixtures; for
manufacturers of transportation
equipment seats and furniture, use the
transportation manufacturing category;
for manufacturers of medical-type
furniture, use the miscellaneous
manufacturing category
3300
Transform or refine chemicals or metals,
and manufacture products from
chemicals or metals; establishments
working with base materials (such as
iron ore) are classified by the input
material, while establishments creating
more finished products (such as
machinery) are classified by the finished
product
3310
Transform crude petroleum and coal into
usable products through petroleum
refining, including establishments that
primarily further refine into products such
as asphalt, asphalt materials, and
lubricating oils
Wood, Paper, and
Printing Products
Wood products
printing and related
support activities
Furniture and
related products
Chemicals, and
Metals, Machinery,
and Electronics
Manufacturing
Petroleum and coal
products
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
3320
Process and transform organic and
inorganic raw materials, plastics and
rubber, and form products by chemical
processes
basic chemical
manufacturing
3321
Establishments engaged in the
manufacture of chemicals using basic
processes, such as thermal cracking and
distillation; includes petrochemical
hydrocarbons, industrial gas, dyes,
alkalis and chlorine, ethyl alcohol, acids
resin, synthetic
rubber
3322
Establishments primarily engaged in
manufacturing synthetic resins, plastics
materials, and related products
3323
Establishments primarily engaged in
manufacturing nitrogenous or phosphatic
fertilizer materials, fertilizers from
sewage, animal waste, or other mixed
ingredients, and agricultural and
household pest control chemicals
3324
Establishments primarily engaged in
manufacturing adhesives, glues, and
caulking compounds
3325
Establishments primarily engaged in the
manufacture of explosives or
pyrotechnics
3330
Transform, mine, and quarry nonmetallic
minerals, such as sand, gravel, stone,
clay, and refractory materials, into
bricks, refractories, ceramics, glass,
cement, concrete, lime, gypsum,
abrasives, ceramic plumbing fixtures,
statuary, cut stone products, and mineral
wool
3340
Smelt or refine metals and transform
metal into basic metal products, such as
bars, rods, wires, and castings or
finished products other than machinery,
electronics, computers or furniture
3341
Establishments engaged in one or more
of the following: direct reduction or iron
ore; manufacturing pig iron in molten or
solid form; converting pig iron into steel;
manufacturing ferroalloys; making steel;
making steel and manufacturing shapes,
and making steel and forming tube and
pipe
Chemicals,
plastics, and rubber
products
pesticide, fertilizer,
and other
agricultural
chemicals
adhesive
explosives and
pyrotechnics
Nonmetallic mineral
products
Primary metal
manufacturing
iron and steel mills;
foundries
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
3342
Establishments engaged in one or more
of the following: refining alumina; making
aluminum from alumina; recovering
aluminum from scrap or dross; alloying
purchased aluminum; manufacturing
aluminum primary forms; smelting
copper ore; and refining and alloying of
copper
3343
Establishments primarily engaged in
heat treating metals and metal products;
enameling, lacquering, and varnishing
metals and metal products; hot dip
galvanizing or powder coating metals;
electroplating, plating, anodizing, and
other metal surfacing services
3344
Establishments primarily engaged in
manufacturing ammunition (except small
arms), includes bombs, depth charges,
rockets, grenades, mines, torpedoes
3350
Make machinery for particular
applications, such as construction,
ventilation, heating and cooling; create
products that apply mechanical force;
processes include forging, stamping,
bending, forming, machining, welding,
and assembling; design considerations
are inherent
Electrical
equipment,
appliance, and
components
manufacturing
3360
Manufacture computers, communication
equipment, lighting equipment, batteries,
motors, appliances, computer
peripherals and other products that
generate, distribute, and use electrical
power
Transportation
equipment
3370
Establishments that provide equipment
for transporting people and goods
Miscellaneous
Manufacturing
3400
Use for manufacturing uses not
classified elsewhere; subcategories
below reflect common establishment
types which do not have special
categories in other manufacturing types
Jewelry and
silverware
3410
Dolls, toys, games,
and musical
instruments
3420
Includes electronic games
Office supplies,
inks, etc.
3430
Manufacture pens, pencils, markers,
crayons, chalk, staplers, inked ribbons
and similar products, except paper
Signs
3440
Manufacture signs and related displays
of all materials except printing paper or
paperboard
alumina or copper
refining, production,
smelting, and
alloying; foundries
coating, engraving,
heat treating, and
allied activities
ammunition
Machinery
manufacturing
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
3500
Normally operate from a warehouse or
office, selling or arranging the purchase
of goods to other businesses and having
little or no display of merchandise
3510
Sell or arrange the purchase or sale of
capital or durable goods to other
businesses, products include motor
vehicles, furniture, construction
materials, machinery and equipment,
sporting goods, toys and hobby goods,
recyclable materials
3520
Sell or arrange the purchase or sale of
nondurable goods to other businesses,
products include paper products,
chemicals, drugs, textiles, apparel,
footwear, groceries, farm products,
petroleum products, alcoholic
beverages, books, magazines,
newspapers, flowers, and tobacco
products
Warehousing and
Storage Services
3600
Establishments that operate warehouse
and storage facilities for general
merchandise, refrigerated goods, and
other warehouse products, provide the
facilities to store goods but do not sell
the goods they handle and may provide
a range of services related to
distribution, such as labeling, breaking
bulk, inventory control, light assembly,
packaging, and transportation
arrangement
Office and
warehousing
3610
Warehousing
3620
Wholesale Trade
Durable goods
Nondurable goods
Tankfarm
3630
2700
2780
Tanks that primarily store fuel, oil, and
other liquid products (except water);
includes the bulk storage of petroleum or
flammable and combustible liquids
TRANSPORTATIO
N,
COMMUNICATION
, INFORMATION,
AND UTILITIES
4000
Transportation, communication, and
utilities for essential facilities; cannot be
distinguished by a single physical
location but in most cases the type of
use is deduced from the type of
structures and activities on the land
Transportation
Services
4100
Facilities that serve passengers and
cargo movements, grouped by modes of
transportation
4110
Provide air transportation for passengers
or cargo using aircraft, such as airplanes
and helicopters; includes scenic and
sightseeing air transportation uses but
excludes air courier (see 4160)
Air transportation
facility
5600
LBCS
Classification
air passenger
transportation
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
4111
3920
Provide scheduled and nonscheduled air
transportation for passengers
4112
Provide scheduled and nonscheduled air
transportation of cargo without
transporting passengers; uses primarily
providing scheduled air transportation of
mail on a contract basis are included in
this class
airport and support
uses
4113
Provide air traffic control, operate
airports or public flying fields or support
airport operations such as rental of
hangar space and cargo handling
services; uses that provide specialty air
transportation or flying services
aircraft and
accessories
4114
Aircraft maintenance, repair, and testing
(except factory conversions)
4115
Operate for scenic or sightseeing
purposes, hot air balloon rides,
helicopter rides, aerial tram and cable
cars
4120
5700
Establishments that provide passenger
and freight transportation and rail
transportation support
3940
For passengers only; operate over long
distances between metropolitan areas;
for systems within local areas only, use
the appropriate local transit system
classification
air freight
transportation
other air
transportation
Rail transportation
facility
rail passenger
transportation
4121
rail freight
transportation
4122
For freight systems only; may operate
over long distances, or within local areas
only
rail transportation
support uses
4123
Provide specialized services such as
repair, maintenance, loading and
unloading rail cars; operate independent
terminals
Road, ground
passenger, and
transit
transportation
4130
Establishments that operate urban
transit systems, charter and school bus
transportation, taxis
local transit
systems--bus,
special needs, and
other motor
vehicles
4133
Single-mode local transit systems other
than rail, included are shuttle services
and special needs transportation
non-local and
charter bus
4134
Non-local passenger buses for charter or
for special needs transportation for
elderly, infirm, or handicapped
school and
employee bus
transportation
4135
Provide buses and other motor vehicles
to transport pupils or employees
sightseeing
4136
Scenic or sightseeing land transportation
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
4137
Provide passenger transportation by
automobile or van, includes taxicab
owners and operators, taxicab fleet
operators, taxicab organizations, and
limousine and luxury sedan businesses
4138
Tow light and heavy motor vehicles, both
local and long distance; may provide
incidental services, such as storage and
emergency repair services
4140
Establishments that provide over-theroad transportation of cargo using motor
vehicles, such as trucks and tractor
trailers
4141
Provide local general freight trucking,
usually within a metropolitan area which
may cross state lines; most trips are
same-day return
4142
Provide long-distance freight trucking,
usually between metropolitan areas
which may cross country borders
Marine and water
transportation
facility
4150
Establishments that provide
transportation of passengers and cargo
using watercraft, such as ships, barges,
tankers, or refrigerated trailers
marine and
sightseeing
transportation
4151
Provide water transportation, including
scenic and sightseeing, for passengers
marine freight
transportation
4152
Provide water transportation for cargo
marine port and
harbor operations
4153
Operate ports, harbors, or canals
4154
Provide stevedoring and other marine
cargo handling services except
warehousing
4155
Arrange for transportation of freight
between shippers and carriers and
provide navigational and other shipping
services not included in other classes;
include shipping agents, customs
brokers, freight forwarders, and salvage
uses
Courier and
messenger
services
4160
Establishments that provide air, surface,
or combined courier delivery services of
parcels and messages, may form a
network including local and point-to-point
pick-up and delivery; for retail business
or copy center, see LBCS Function
Code 2424
Postal services
4170
Operate the national postal service,
including businesses that sort, route,
and deliver on a contract basis
national post office
4171
taxi and limousine
service
towing and other
road and ground
services
Truck and freight
transportation
services
general freight
trucking, local
general freight
trucking, longdistance
marine cargo
handling and dry
dock services
marine navigational
and other services
3950
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
4180
Use transmission pipelines to transport
products, such as crude oil, natural gas,
or refined petroleum; transportation of
natural gas includes the storage of
natural gas
4200
These establishments produce or
distribute information and pertain to
those that transform information into a
commodity information into a commodity
4210
Issue copies of works for which they
usually possess copyright; may publish
works originally created by others for
which they have obtained the rights or
works that they have created in-house
4211
Publish newspapers, magazines, books,
databases, greeting cards, calendars,
maps, and similar works
4212
Publish and reproduce computer
software, including designing, providing
documentation, assisting in installation,
and providing support services to
software purchasers
Motion pictures and
sound recording
4220
Produce and distribute motion pictures
and sound recordings; activities include
contracting with performers, creating the
film or sound content and producing
technical postproduction services; does
not include wholesaling video and sound
recordings
motion picture and
video production,
publishing, and
distribution
4221
Produce or distribute motion pictures,
videos, television programs, or
commercials
motion picture
viewing and
exhibition services
4222
Operate movie theaters, drive-ins, film
festival exhibitions; this category does
not include movie-theaters; for movietheaters, see Function Code 5170
sound recording,
production,
publishing
4223
Produce, distribute, or publish music and
musical recordings or provide sound
recording
Telecommunication
s and broadcasting
4230
Provide point-to-point communications
and related services; if multiple services
are shared between the same facilities,
use this general category
radio and television
broadcasting
4231
Operate broadcasting studios and
facilities for over the air or satellite
delivery of radio and television programs
cable networks and
distribution
4232
Operate studios and facilities or cable
systems, direct-to-home satellite
systems
Pipeline
transportation
Communications
and Information
Publishing
newspapers,
books, periodicals,
etc.
software publisher
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
wireless
telecommunication
s
4233
Operate, maintain or provide access to
facilities for the transmission of voice,
data, text, sound, or full motion picture
video; cell towers
telephone and
other wired
telecommunication
s
4234
Operate telephone networks
Information
services and data
processing
industries
4240
News syndicates and information and
data processing services; may supply
information to the news media or provide
electronic data processing services
online information
services
4241
Internet access and service providers
library or archive
4242
Provide library or archive services
news syndicate
4243
Supply information such as news
reports, articles, pictures and features to
the news media
data processing,
hosting and related
services
4244
Provide web hosting, computer data
storage, optical scanning, computer
input preparation, microfilm imaging
4300
Provide utility services such as electric
power, gas, water and sewage removal;
not included are waste management
services, which collect, treat, and
dispose of waste materials, and do not
directly use or operate utilities
Electric power
4310
Provide electric power generation,
transmission, control, and distribution;
include electric power transmission and
control systems (including lines and
transformer stations), and distribution
systems (i.e., lines, poles, meters, and
wiring)
hydroelectric power
generation
4311
Operate hydroelectric power generation
facilities by using water power to drive a
turbine and produce electric power
fossil fuel electric
power generation
4312
Operate fossil fuel electric power
generation by using coal, oil, gas or
other fossil fuels in internal combustion
or combustion turbine conventional
steam process to produce electric power
nuclear power
generation
4313
Operate nuclear electric power
generation facilities
4314
Convert other forms of energy such as
solar, wind, or tidal power into electric
power; does not include establishments
that manufacture, install, or repair
equipment used for wind and solar
energy
Utilities and Utility
Services
alternative energy
sources
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
4320
Operate gas distribution systems, gas
marketers, gas brokers, transmit and
distribute gas to final customers
Water, steam, air
conditioning supply
4330
Public and private utility establishments
that offer drinking water, water
treatment, water supply, irrigation, steam
supply, or hot or cool air supply
drinking water
4331
Operate water treatment plants, filtration
plants, pumping stations for drinking
water only
irrigation and
industrial water
supply
4332
Operate water treatment plants and
water supply systems for irrigation and
industrial supply only
air conditioning and
steam supply
4333
Provide steam, heated air, or cooled air
4340
Collect, treat, and dispose of waste
materials; locally haul waste materials;
operate materials recovery facilities;
provide remediation services; operate
sewer systems or sewage treatment
facilities; or provide septic pumping or
other miscellaneous waste management
services; establishments that primarily
haul over long distances are classified in
transportation
4341
Operate treatment and disposal facilities
for hazardous waste; combine, collect,
or haul hazardous waste materials within
a local area while operating treatment or
disposal facilities
Natural gas,
petroleum, fuels
Sewer, solid waste,
and related
services
hazardous waste
collection
hazardous waste
treatment and
disposal
solid waste
collection
solid waste
combustor or
incinerator
solid waste landfill
6340
4342
Remediate and clean contaminated
buildings, soil, or ground water; abate
asbestos, lead paint and other toxic
materials
4343
Collect or haul hazardous waste, nonhazardous waste, or recyclable materials
within a local area; operate waste
transfer stations
4344
6330
Operate combustors and incinerators for
the disposal of non-hazardous solid
waste, includes compost dumps; may
produce byproducts such as electricity
and may locally collect or haul
nonhazardous waste materials along
with the operation of facilities; compost
dumps
6320
Operate landfills for the disposal of nonhazardous solid wastes; may locally
collect or haul nonhazardous waste
materials along with landfill operation;
also manage recycling and resource
recovery facilities that operate in
conjunction with landfills
4345
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
waste treatment
and disposal
4346
Operate facilities for separating and
sorting recyclable materials from nonhazardous waste streams
septic tank and
related services
4347
Pump septic tanks and cesspools, rent
or service portable toilets
sewer systems or
sewage treatment
facilities
4348
Establishments operating sewer systems
or sewage treatment facilities that
collect, treat, and dispose of waste
ARTS,
ENTERTAINMENT,
AND
RECREATION
5000
Establishments that operate facilities or
provide services for a variety of cultural,
entertainment, and recreational functions
Performing Arts or
Supporting Uses
5100
Produce or organize and promote live
presentations, excludes nightclubs
Theater, dance or
music use
5110
Companies, groups, or theaters that
produce theatrical presentations and
dance, dinner theaters, and live musical
entertainment
performance
theater
5111
3110
Includes concert halls and other
structures with fixed seats typically
arranged on a sloped or stepped floor
amphitheater
5112
3130
Primarily open air; modern versions
have fixed seating under a roof (but no
walls)
Sports team or club
5120
Professional or semi-professional sports
teams or clubs participating in live
sporting events
5121
A facility used for the typically private
activities of a professional or semiprofessional sports team; primarily
includes practice facilities as well as
management offices
sports stadium or
arena
5122
A large facility seating spectators of
sporting events like football, baseball,
and basketball; also house circuses, ice
shows, horse shows, music concerts
and other entertainment
Racetrack
5130
Operate racetracks for events such as
auto, dog, and horse races
Promoter of sports,
performing arts,
similar events
5140
Organize, promote, and manage
performances, events; may operate their
own facilities or rent to other promoters
from an office within the facility or a
separate office use
Agent for
management
services
5150
Agents representing artists, athletes,
entertainers, and other public figures
typically from and office use
sports training or
operation facility
3300
LBCS
Classification
Independent artist,
writer, or performer
Movie theater
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
5160
Studio of independent individual(s)
engaged in performing in artistic
productions, in creating artistic and
cultural works or productions, or in
providing technical expertise necessary
for these productions
5170
3120
Specialized theater for showing movies
or motion pictures; includes cineplexes
and megaplexes which are grouped in a
manner that allows them to share box or
ticket offices, parking facilities, lobby
areas, restrooms, concession stands,
signs and marquee displays, and other
service and maintenance facilities
drive-in theater
5171
3140
A form of cinema consisting of a large
outdoor movie screen, a projection
booth, a concession stand and a large
parking area for automobiles from which
customers can view movies; may include
multiple screens
Museums and
Other Special
Purpose
Recreational
Institutions
5200
4400
Public and private museums, historical
sites, zoos, and similar uses
Museum
5210
4410,
4420
Preserve and exhibit objects of
historical, cultural, or educational value;
includes art museums, halls of fame,
planetariums, science or technology
museums, wax museums
Historical or
archeological
institution
5220
4410,
4440
Archeological sites, battlefields,
historical ships, and pioneer villages
Zoos, aquariums,
botanical gardens,
arboreta
5230
4430,
4440,
4450
Preserve and exhibit live plant and
animal life displays, including those in
natural areas or settings
5300
Operate facilities offering activities such
as sports, recreation, amusement, or
gambling, and provide services such as
facilitating amusement in places
operated by others, operating
recreational sports groups, and guiding
tours; for establishments using
transportation equipment, such as
sightseeing buses, dinner boats, or
helicopters, use the appropriate
transportation category
Amusement or
theme park
5310
Operate a variety of attractions such as
mechanical rides, water rides, games,
shows, theme exhibits, refreshment
stands, and picnic grounds
Games arcade
5320
Operate arcades and parlors, except
gambling, billiard, or pool
Amusement,
Sports, or
Recreation Uses
LBCS
Classification
LBCS
Functio
n Code
Casino or gambling
5330
Gaming
5331
Off-track wagering
5332
Bingo
5333
LBCS
Structur
e Code
Description
Uses that operate gambling facilities
(except casino hotels), includes riverboat
casinos, bingo halls, and video gaming
terminals, or provide services such as
lotteries or off-track wagering
5340
Operate golf courses (except miniature)
or primarily operate golf courses along
with dining facilities and other
recreational facilities or country clubs
that often provide food and beverage
services, equipment rental services, and
golf instruction services
5360
Operate docking and storage facilities
for pleasure craft owners, may retail fuel
and marine supplies, and may repair,
maintain, or rent pleasure boats
5370
Operate fitness and recreational sports
facilities or provide services for fitness or
recreational sports teams, clubs, or
individual activities
Fitness and
recreational sports
center
5371
Aerobic dance or exercise center,
gymnasium, physical fitness center,
health and athletic club, indoor handball,
racquetball, volleyball, tennis, or
swimming facilities
Miniature golf
courses, archery or
shooting ranges,
outdoor volleyball,
tennis, or
swimming facilities,
recreational ball
parks and courts
5372
Recreational day
camp (except
instructional),
recreational or
youth sports teams
and leagues not
operating facilities,
boating clubs
(without marinas),
dance halls
5373
Stable, horseback
riding
5374
8240
Use this code for recreational
establishments only, for others see
LBCS Function Code 9372
Bowling, billiards,
pool
5380
3200
Establishments that operate bowling,
billiards, or pool centers
Golf course and
country club
Marina or yachting
club facility
operators
Fitness,
recreational sports,
gym, athletic club
LBCS
Classification
Skating rink, roller
skating
LBCS
Functio
n Code
5390
LBCS
Structur
e Code
3200
Description
Establishments that operate skating
rinks; may offer skating products and
services
Camps, Camping,
and Related Uses
Such as RV Parks
5400
Operate sites to accommodate campers,
travelers, and their equipment, including
tents, tent trailers, travel trailers, and
recreational vehicles; provide overnight
recreational camps, such as children’s
camps, family vacation camps, hunting
and fishing camps and outdoor
adventure retreats; may provide cabins,
food services, washrooms, recreational
facilities; trailer parks
Natural and Other
Recreational Parks
5500
All parks without special economic
functions
EDUCATION,
PUBLIC
ADMINISTRATION
, HEALTH CARE,
AND OTHER
INSTITUTIONS
6000
Educational
Services
6100
Offer teaching and learning
Nursery, preschool,
or kindergarten
6110
Includes child care center as defined in
Sec. 40-3 Definitions in Chapter 40,
Zoning of this Code
Grade school
6120
Comprises all public, private, and
specialty schools between the preschool
and university level
Elementary
6121
4210
Middle or junior
6122
4210
Senior or high
6123
4210
Special needs
education services
6125
Adult education
services
6126
Offer specialized services such as for
the physically or mentally disabled
College or
university
6130
4220
Comprise junior colleges, universities,
and professional schools furnishing
academic or technical courses and
granting degrees, certificates, or
diplomas at the associate,
baccalaureate, or graduate levels
Technical, trade, or
other specialty
school
6140
4230
Offer vocational and technical training;
often leads to job-specific certification
beauty schools
6141
Train in barbering, hair styling, or
cosmetic arts
6142
Offer courses in office procedures,
secretarial skills, basic office skills, office
machine operation, reception and
communication
business
management
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
6143
Conduct computer training in computer
repair and programming, software
packages, computerized business
systems, computer electronics
technology, computer operations, local
network management; includes other
electronic equipment
driving education
6144
All driver education establishments,
including mandatory public drivers
education, truck drivers education, and
operation, and operation of public transit
motor vehicles
fine and performing
arts education
6145
Offer instruction in dance, art, drama,
and music including graphic arts,
photography and modeling
flight training
6146
Offer vocational or recreational aviation
and flight training
6147
Offer instruction in athletic activities,
includes overnight and day sports camps
that primarily instruct
6148
Offer vocational training in medical,
dental, veterinary, pharmacy, or nursing
assisting; for nursing or other training
with academic degrees, see LBCS code
6130 College or university
6149
Offer foreign language instruction,
including sign language, public speaking
training, academic tutoring, speed
reading, and exam preparation services
Public
Administration
6200
All government functions, includes
federal, state and local government
agencies that administer, oversee, and
manage programs and have executive,
legislative, or judicial authority; however,
use the appropriate category if the
government agency is engaged in a
function (selling maps or operating a
convention center, e.g.) similar to private
businesses
Legislative and
executive functions
6210
Government and public administrative
offices
Judicial functions
6220
Civilian courts of law and correctional
institutions
6221
Civilian courts, courts of law, and
sheriff’s offices conducting court
functions only
6222
Facilities for the confinement, correction,
and rehabilitation of offenders sentenced
by a court
computer or
electronic
equipment training
sports and
recreation
education
medical, dental,
veterinary, nursing
(except academic)
assistance
langrage and
tutoring
court
correctional
institution or jail
Other Government
Functions
6300
4600
Use this category for government owned
uses not classified elsewhere such as
defense and national guard facilities
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
Armed Forces, including Air Force,
Army, Marine Corps, National Guard,
Navy, and military police and courts
facilities
Military and
national security
6310
Space research
and technology
6320
Administer and operate space flights,
space research, and space exploration
Public Safety
6400
Government-owned facilities providing
fire and rescue, police, and emergency
response services
Fire and rescue
6410
4510
Includes combined fire and ambulance
or rescue services
Police
6420
4520
Includes combined police and fire
departments
Emergency
response
6430
4530
Provide ground or air transportation for
medical relief
Health and Human
Services
6500
Provide health care, social assistance,
and associated services
Ambulatory or
outpatient care
services
6510
Offer health care services directly to
patients without providing inpatient
services
clinic
6511
Offices of physicians; dentists;
chiropractors; optometrists; mental
health specialists; physical,
occupational, and speech therapists;
audiologists; podiatrists; licensed
massage therapists; and other health
practitioners
family planning or
outpatient care
clinic
6512
Provide outpatient family planning
services and outpatient care
medical or
diagnostic
laboratory
6513
Provide analytic or diagnostic services
including medical imaging
blood or organ
bank
6514
Collect, store, or distribute blood and
organs
Nursing,
supervision and
other rehabilitative
services
6520
Provide inpatient nursing and
rehabilitative services and can
accommodate patients for extended
care, includes convalescent homes or
hospitals, nursing homes and rest
homes with nursing care, inpatient care
hospices
Hospital
6530
Health care facility
6540
Maximum of 25 beds for overnight care
Social assistance,
welfare, and
charitable services
6560
Provide social assistance directly to
individuals, do not offer residential or
accommodation services
child and youth
services
6561
Offer services such as adoption, foster
care, drug prevention services, and lifeskills training
7000
4110
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
child daycare
6562
Provide care for infants and preschool
children as part of a social services
program, often offer pre-kindergarten
education programs
community food
services
6563
Collect, prepare, and deliver food for the
needy, food banks, meal delivery
programs and soup kitchens
emergency and
relief services
6564
Provide food, shelter, clothing, medical
relief, resettlement and counseling to
disaster victims
other family
services
6565
Hotline centers, suicide crisis centers,
self-help organizations, etc.
services for elderly
and disabled
6566
Provide group support, companionship,
day care, homemaker services to the
elderly and persons with disabilities;
does not include housing for the elderly
veterans affairs
6567
Provide health and human services for
veterans
vocational
rehabilitation
6568
Provide job counseling, job training, and
other vocational services
Religious Institution
6600
Death Care
Services
6700
Funeral home and
services
6710
4800
Includes funeral homes combined with
crematories
Cemetery or
cremation services
6720
4700,
4800
Operate sites or structures reserved for
the internment of human or animal
remains, or for cremating the dead
3500
Churches, temples, synagogues,
mosques, etc.
Funeral homes, crematories, cemeteries
Associations, NonProfit
Organizations,
Clubs
6800
Includes grant making, civic,
professional, and similar organizations,
promote the interests of their members
or a particular cause, may publish
newsletters, books and periodicals for
distribution to their membership
Labor or political
organization
6810
Promote the interests of labor unions,
political groups, and political fund-raising
groups
Business
association or
professional
membership
6820
Promote the business interests of their
members organization or of their
profession
6830
Promote the interests of their members
or a particular cause; may provide
grantmaking foundations or charitable
trusts, raise funds for social welfare
activities or solicit contributions and offer
memberships
Civic, social, or
fraternal
organization
LBCS
Classification
CONSTRUCTIONRELATED
BUSINESSES
Building,
Developing, and
General
Contracting
Machinery Related
Special Trade
Contractor
Carpentry, floor,
and tile contractor
Concrete contractor
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
7000
Build or demolish buildings and
structures, or perform additions,
alterations, reconstruction, installation,
and repairs; test drilling, landfill, leveling,
earthmoving, excavating, land drainage,
and other land preparation; should
reflect the location of the use and not
where it is performing its services;
engaged primarily in on-site heavy
equipment and material storage
7100
Custom builders, engineer-constructors,
general contractors, developers, land
subdividers, and construction
management firms; if engaged primarily
in administration and management
without on-site heavy equipment and
material storage, see LBCS code 2421
office administrative services
7200
Contractors that install or utilize
specialized machinery not generally
used by other contractors, building
equipment and machinery installation,
excavation, wrecking and demolition,
structural steel erection contractors; if
engaged primarily in administration and
management without on-site heavy
equipment and material storage, see
LBCS code 2421 office administrative
services
7300
Specialize in construction activities such
as plumbing, painting and electrical
work; if engaged primarily in
administration and management without
on-site heavy equipment and material
storage, see LBCS code 2421 office
administrative services
7310
Provide framing, carpentry, finishing
work, floor laying and miscellaneous
floor installation and tiling services; if
engaged primarily in administration and
management without on-site heavy
equipment and material storage, see
LBCS code 2421 office administrative
services
7320
Use concrete, asphalt and other
materials to produce parking areas,
building foundations, structures,
retaining walls, patios, driveways and
walks; if engaged primarily in
administration and management without
on-site heavy equipment and material
storage, see LBCS code 2421 office
administrative services
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
7330
Perform on-site electrical work,
equipment service and installation and
may sell electrical equipment along with
installation; if engaged primarily in
administration and management without
on-site heavy equipment and material
storage, see LBCS code 2421 office
administrative services
7340
Install and tint glass, excludes
automotive glass businesses; if engaged
primarily in administration and
management without on-site heavy
equipment and material storage, see
LBCS code 2421 office administrative
services
7350
Provide masonry, stone setting, drywall,
plaster and other stone and building
insulation work; if engaged primarily in
administration and management without
on-site heavy equipment and material
storage, see LBCS code 2421 office
administrative services
7360
Provide exterior painting and interior wall
covering; if engaged primarily in
administration and management without
on-site heavy equipment and material
storage, see LBCS code 2421 office
administrative services
7370
Install or service plumbing, heating, and
air-conditioning equipment, may sell
equipment along with installation; if
engaged primarily in administration and
management without on-site heavy
equipment and material storage, see
LBCS code 2421 office administrative
services
Roofing, siding, or
sheet metal
contractor
7380
Provide installation and services for
roofing, siding, sheet metal, and roof
drainage equipment; if engaged primarily
in administration and management
without on-site heavy equipment and
material storage, see LBCS code 2421
office administrative services
Heavy Construction
7400
Provide heavy nonbuilding construction
Highway and street
construction
7410
Highway, street, road, or airport runway
construction
Bridge and tunnel
construction
7420
Bridge, viaduct, elevated highway, or
tunnel construction
7430
Water main, sewer, drain, gas main,
natural gas pumping station, oil and gas
pipeline construction
Electrical contractor
Glass and glazing
contractor
Masonry and
drywall contractor
Painting and wall
covering
Plumbing, heating,
and air conditioning
Water, sewer, and
pipeline
construction
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
7440
Electric power and communication
transmission line and tower, radio and
television tower, and cable television line
construction, cable laying,
7450
Heavy industrial or other nonbuilding
construction such as chemical
complexes, cement plants, industrial
incinerators, docks, golf courses, canals,
sewage or water treatment plants
8000
Extract natural mineral solids (coal and
ores), liquid minerals (crude petroleum),
and gases (natural gas); mining includes
quarrying, well operations, beneficiating,
and other preparations customarily
performed at the mine site or as a part of
mining activity
8100
Operate and develop oil and gas field
properties; activities include exploration,
drilling and equipping wells, operation
AGRICULTURE,
FORESTRY,
FISHING, AND
HUNTING
9000
Grow crops, raise animals, harvest
timber, and harvest fish and other
animals, may be described as farms,
greenhouses, nurseries, or hatcheries
Crop Production
9100
Grain and oilseed
9110
Vegetable farming
or growing
9120
Fruits and trees
9130
Greenhouse,
nursery and
floriculture
9140
All other crops
9150
Power lines,
communication and
transmission lines
Industrial and other
non-building
construction
MINING AND
EXTRACTION
Oil and Natural Gas
8500
Grow crops under cover, nursery stock,
and flowers
Support Functions
for Agriculture
9200
Perform activities associated with
production and distribution of forest and
agricultural products, includes dusting,
spraying, fertilizing
Animal Production
9300
Keep, graze, breed or feed animals in
farms or feedlots
Cattle ranch
9310
8320
Dairy cattle and
milk production
9320
8210
Hog farm
9330
Poultry and egg
production
9340
Sheep and goat
farm
9350
Fish hatchery,
fishery, aquaculture
9360
8600
8600
Farm raise finfish, shellfish, or any other
kind of animal aquaculture
LBCS
Classification
LBCS
Functio
n Code
LBCS
Structur
e Code
Description
All other animal
production
9370
Raises other animals and insects for
sale or product production
bees
9371
8800
horse and equine
9372
8240
fur-bearing
9373
Support function for
animal production
9380
Provide services such as animal
breeding, pedigree records, horse
boarding, livestock spraying
Forestry and
Logging
9400
Grow and harvest timber on long
production cycles, or specialize in
reforestation, seeding and similar
activities
Fishing, Hunting
and Trapping,
Game Preserves
9500
Commercially harvest fish and other wild
animals from their natural habitats
Fishing
9510
Commercially catch or take finfish,
shellfish, or marine products from a
natural habitat
Hunting and
trapping, game
retreats, game and
fishing preserves
9520
Commercially hunt and trap or operate
commercial or recreational game or
hunting preserves
Unclassifiable or
Temporary placeholder until a code can
9900
No Function
be assigned
Sec. 33-3.5. Dimensional regulations (reserved).
Sec. 33-3.6. Reserved.
Sec. 33-3.7. Reserved.
Sec. 33-3.8. Reserved.
Sec. 33-3.9. Reserved.
DIVISION 2. BASE ZONING DISTRICTS
Subdivision 1. Residential Zoning Districts
Sec. 33-3.10. Residential Zoning Districts Use Matrix (reserved).
Sec. 33-3.11. Suburban (S-1).
See Chapter 40, Article V of this Code.
Sec. 33-3.12. Rural Residential (R-1D).
See Chapter 40, Article IX of this Code.
Sec. 33-3.13. Rural Residential (R-1C).
See Chapter 40, Article VIII of this Code.
Sec. 33-3.14. Suburban Residential (R-1B).
See Chapter 40, Article VII of this Code.
Sec. 33-3.15. Single-Family Residential (R-1A).
See Chapter 40, Article VI of this Code.
Sec. 33-3.16. Manufactured Home (R-1MH).
See Chapter 40, Article XI of this Code.
Sec. 33-3.17. Two-Family Residential (R-2).
See Chapter 40, Article XII of this Code.
Sec. 33-3.18. Three- and Four-Family Residential (RR-3).
See Chapter 40, Article XIII of this Code.
Sec. 33-3.19. Multiple Family Residential (R-3).
See Chapter 40, Article XIV of this Code.
Sec. 33-3.20.Townhouses (R-1TH).
See Chapter 40, Article XV of this Code.
Sec. 33-3.21. Reserved.
Sec. 33-3.22. Reserved.
Sec. 33-3.23. Reserved.
Sec. 33-3.24. Reserved.
Subdivision 2. Commercial Zoning Districts.
Sec. 33-3.25. Commercial Zoning Districts Use Matrix (reserved).
Sec. 33-3.26. Medical Services (H-1).
See Chapter 40, Article XVII of this Code.
Sec. 33-3.27. Medical Services (H-2).
See Chapter 40, Article XVIII of this Code.
Sec. 33-3.28. Neighborhood Commercial (C-1).
See Chapter 40, Article XIX of this Code.
Sec. 33-3.29. General Offices (GO-2).
See Chapter 40, Article XXI of this Code.
Sec. 33-3.30. General Offices (GO-1).
See Chapter 40, Article XX of this Code.
Sec. 33-3.31. Core District Residential (CD-R).
See Chapter 40, Article XXII of this Code.
Sec. 33-3.32. Business Core (BC-1).
See Chapter 40, Article XXIII of this Code.
Sec. 33-3.33. Business Core (BC-2).
See Chapter 40, Article XXIV of this Code.
Sec. 33-3.34. Mixed Use Corridor (MUC).
See Chapter 40, Article XXV of this Code.
Sec. 33-3.35. General Commercial (C-2).
See Chapter 40, Article XXVIII of this Code.
Sec. 33-3.36. Reserved.
Sec. 33-3.37. Reserved.
Sec. 33-3.38. Reserved.
Sec. 33-3.39. Reserved.
Subdivision 3. Industrial Zoning Districts.
Sec. 33-3.40. Industrial Zoning Districts Use Matrix (reserved).
Sec. 33-3.41. Office Warehouse (OW-1).
See Chapter 40, Article XXIX of this Code.
Sec. 33-3.42. Industrial (M-1).
See Chapter 40, Article XXX of this Code.
Sec. 33-3.43. Industrial (M-2).
See Chapter 40, Article XXXI of this Code.
Sec. 33-3.44. Industrial (M-3).
See Chapter 40, Article XXXII of this Code.
Sec. 33-3.45. Industrial (M-4).
See Chapter 40, Article XXXII.5 of this Code.
Sec. 33-3.46. Reserved.
Sec. 33-3.47. Reserved.
Sec. 33-3.48. Reserved.
Sec. 33-3.49. Reserved.
DIVISION 3. MIXED-USE BASE ZONING DISTRICTS.
Sec. 33-3.50. Mixed-Use Base Zoning Districts Use Matrix.
A. In General. Table 33-3.50-1. Authorized Land Uses for Mixed-Use Base Zoning
Districts lists the principal uses, as described in Sec. 33-3.4.3. Master Use
Matrix, allowed by right within the mixed-use base zoning districts as well as
uses that may be authorized subject to supplemental conditions or approval of a
conditional use permit.
B. Interpretation.
1. LBCS hierarchy.
a. No entry. The LBCS function codes establish a four-digit hierarchy of uses
with digits to the right expressing greater specificity. Where no entry
appears in the zoning district columns of Table 33-3.4.3-1 (for example
1000, 1100 and 1110), the uses described more specifically in the rows
below (1111 and 1112 in the above example) indicate whether or not a
specific use is authorized.
RESIDENCE OR
ACCOMMODATION
FUNCTIONS
Private Dwelling
Single family
single family
detached
single family
attached
(townhouse)
single family
manufactured home
Two family (double
or duplex)
two family detached
two family attached
Three family (triplex)
three family
detached
three family attached
Four family
(quadruplex)
Multi-family
Housing Services
Retirement housing
services
Congregate living
services
Assisted-living board
and care and adult
care group homes
board and care
home
Continuing care
retirement center
1000
1100
1110
1100
1111
1110
X
X
X
1112
1140
X
S
X
1113
1150
X
X
X
1130
1121
X
X
X
X
X
X
1131
X
X
X
1132
X
X
X
1140
X
P
X
X
P
X
1210
X
P
X
1220
X
P
X
1230
X
P
X
1231
X
C
X
1240
X
P
X
1120
1121
1122
1130
1150
1200
1200
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
b. Entry. Where an entry appears in the zoning district columns of Table 333.4.3-1 for a general use (for example 2520) and also for a more specific
use (for example 2521) within the same classification, the more specific
code and its entry shall govern.
2. Entries for permitted uses.
a. A "P" indicates the listed use is allowed by-right within the respective
zoning district.
b. An "S" indicates that the listed use is allowed subject to the supplemental
use regulations established in the zoning district standards, in Article 5 of
this UDC, or elsewhere in the Jefferson Parish Code of Ordinances.
3. Entry for conditional uses. A "C" indicates the listed use is allowed within the
respective zoning district only after review and approval of a conditional use
permit by the Parish Council in accordance with Sec. 33-2.24 Conditional Use
Permit. For purposes of this UDC, a special permitted use is the same as a
conditional use. Note that supplementary conditions for some of these uses
are established in Article 5 of this UDC and within regulations for specific
zoning districts.
4. Entry for prohibited uses. An "X" indicates the listed use is not allowed within
the respective zoning district, unless otherwise expressly allowed within this
UDC.
Table 33-3.50-1. Authorized Land Uses for Mixed-Use Base Zoning Districts
Nursing or
convalescent home
Hotels, Motels, or
Other
Accommodation
Services
Bed and breakfast
inn
Rooming and
boarding
barracks
dormitory
Hotel or motel
Hotel
Motel
Casino hotel
Other traveler
accommodations
GENERAL SALES
OR SERVICES
Retail Sales or
Service and Repair
Automobile sales or
service
car dealer
bus, truck, mobile
homes, or large
vehicles
motorcycle, atv
boat or marine craft
dealer
parts, accessories, or
tires
gasoline service
automotive repair
and maintenance
truck stop
car wash
Heavy consumer
goods sales or
service
furniture or home
furnishings
hardware, home
center
lawn and garden
supplies
department store,
warehouse club, or
superstore
electronics and
appliances
lumber yard and
building materials
1250
X
X
X
1310
X
X
X
1320
X
X
X
X
X
X
X
X
P
P
X
X
X
X
X
P
X
X
X
X
X
2111
X
X
X
2112
X
X
X
2113
X
X
X
2114
X
X
X
2115
X
X
P
X
X
P
2117
X
X
X
2118
X
X
X
2119
X
X
S
X
X
P
X
X
P
X
X
P
X
X
P
2125
X
X
X
2126
X
X
X
1300
1321
1322
1330
1331
1332
1340
1310
1320
1330
1350
2000
2100
2110
2116
2270
2120
2121
2122
2592
2123
2124
2240,
2250
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
heating and
plumbing equipment
Durable consumer
goods sales and
service
computer and
software
camera and
photographic
supplies
clothing, footwear,
jewelry, silverware,
watches and clocks,
luggage and leather
goods, sewing
supplies
sporting goods, toy
and hobby, and
musical instruments
books, magazines,
music, stationery
Consumer goods,
other
florist
art dealer, supplies,
sales and service
tobacco sales or
tobacconist
mail order sales or
direct selling
antique shop, flea
market, thrift stores
Grocery, food,
beverage, dairy
grocery store,
supermarket, or
bakery
convenience store
specialty food store
fruit and vegetable
store
beer, wine, and
liquor store
Health and personal
care
pharmacy or drug
store
cosmetic and beauty
supplies and
personal grooming
products
optical and contact
lenses
convalescent supply,
prosthetic, hearing
aid store
2127
X
X
X
2131
P
P
P
2132
P
P
P
2133
P
P
P
2134
P
P
P
2135
P
P
P
2141
P
P
P
2142
P
P
P
2143
P
P
P
2144
P
P
P
2145
P
X
P
P
X
P
P
P
X
P
P
P
2154
P
X
P
2155
P
X
P
2161
P
P
P
2162
P
P
P
2163
P
P
P
2164
P
P
P
2130
2140
2150
2151
2152
2153
2591
2160
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
health food
supplement store
Finance and
Insurance
Bank, credit union, or
savings institution
drive-through bank
or credit union
Credit and finance
businesses
pawn shop and retail
loan
Investment banking,
securities, and
brokerages
Insurance-related
businesses
Fund, trust, or other
financial businesses
Real Estate, and
Rental and Leasing
Real estate services
Property
management
services
commercial propertyrelated, mini- or selfstorage
rental housingrelated
Rental and leasing
cars rental and
leasing
leasing trucks,
trailers, rv's, buses,
aircraft, tugboats,
etc.
recreational goods
rental
leasing commercial,
industrial machinery
and equipment
consumer goods
rental
intellectual property
rental
Business,
Professional,
Scientific, and
Technical
Professional services
legal services
accounting, tax,
bookkeeping, payroll
services
2165
P
P
P
P
X
P
X
X
P
2220
P
X
P
2221
X
X
X
2230
P
X
P
2240
P
X
P
2250
P
X
P
P
X
P
X
X
X
P
P
P
2331
X
X
X
2332
X
X
X
2333
X
X
X
2334
X
X
X
2335
X
X
P
2336
P
P
P
2410
2411
P
P
P
2412
P
P
P
2200
2210
2211
2110
2300
2310
2320
2321
2322
2700
2330
2400
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
architectural,
engineering,
surveying and
related services
graphic, industrial,
interior design
services
consulting services
(management,
environmental
technical)
scientific research
and development
services
advertising, media,
and photography
services
veterinary services
Administrative
services
office administrative
services
facilities support
services
employment agency
copy center, private
mail center, other
business support
services
collection agency
Travel arrangement
and reservation
services
Investigation and
security services
Services to buildings
and dwellings
extermination and
pest control
janitorial
landscaping
carpet and
upholstery cleaning
packing, crating, and
convention and trade
show
Food Services
Full-service
restaurant
Cafeteria or limited
service restaurant
drive-through
restaurants
Snack or
nonalcoholic bar
2413
P
P
P
2414
P
P
P
2415
P
P
P
2416
P
X
P
2417
P
P
P
2418
X
X
S
2421
P
P
P
2422
P
X
P
2423
P
X
P
2424
P
X
P
2425
X
X
P
2430
P
X
P
2440
X
X
P
2451
X
X
P
2452
2453
X
X
X
X
X
P
2454
X
X
P
2455
X
X
P
2510
P
X
P
2520
P
X
P
2521
X
X
S
2530
P
P
P
2420
2450
2500
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
FC-3
§33-3.55
X
X
S
2540
X
X
X
2541
X
X
X
2550
2560
S
P
S
X
S
P
2570
X
X
P
2580
X
X
P
2611
P
P
P
2612
P
X
P
2614
P
X
P
2616
P
P
P
2621
X
X
P
2622
X
X
P
2623
X
X
X
2624
2630
P
P
P
X
P
P
S
S
S
S
S
S
X
X
X
X
X
X
X
X
X
X
X
X
2710
X
X
P
2720
X
X
S
2600
2610
2620
2640
2641
2642
2650
2651
2652
2653
2654
2700
U-1S
(reserved)
U-1R
(reserved)
FC-2
§33-3.54
drive-through snack
or nonalcoholic bar
Bar or drinking place
drive-through
alcoholic beverage
service
Mobile food services
Caterer, banquet hall
Food service
contractor
Vending machine
operator
Personal Services
Personal care
hair, nail, and
cosmetic skin care
dieting and weight
reducing
tanning salon
depilatory or
electrolysis (i.e., hair
removal), hair
weaving or
replacement (except
by offices of
physicians), ear
piercing
Dry cleaning and
laundry
coin-operated
laundromat
dry cleaning and
laundry
linen and uniform
supply
tailor, alterationist
Photofinishing
Parking lot and
parking garage
parking lot
parking garage
Adult use
massage parlor
tattoo parlor
adult establishment
adult cabaret
Pet and Animal
Sales or Service
(except Veterinary)
Pet or pet supply
store
Animal and pet
services and kennels
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
2531
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
MANUFACTURING
AND WHOLESALE
TRADE
Foods, Textiles, and
Related Products
Food and beverages
animal slaughtering
and processing
Tobacco
manufacturing
Textiles
Leather and leather
substitute products
leather and hide
tanning and finishing
Wood, Paper, and
Printing Products
Wood products
Paper and printing
materials
pulp, paper, and
paperboard mills
printing and related
support activities
Furniture and related
products
Chemicals, and
Metals, Machinery,
and Electronics
Manufacturing
Petroleum and coal
products: refineries,
asphalt materials
Chemicals
manufacturing
basic chemical
manufacturing
resin, synthetic
rubber
pesticide, fertilizer,
and other agricultural
chemicals
adhesive
explosives and
pyrotechnics
Nonmetallic mineral
products
Primary metal
manufacturing
iron and steel mills;
foundries
alumina or cooper
refining, production,
smelting, and
alloying; foundries
3000
3100
3110
X
X
X
3116
X
X
X
3120
X
X
X
3130
X
X
X
3140
X
X
X
3161
X
X
X
3210
X
X
X
3220
X
X
X
3221
X
X
X
3222
X
X
P
3230
X
X
X
3300
X
X
X
3310
X
X
X
3320
X
X
X
3321
X
X
X
3322
X
X
X
3323
X
X
X
3324
X
X
X
3325
X
X
X
3330
X
X
X
3340
X
X
X
3341
X
X
X
3342
X
X
X
3200
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
coating, engraving,
heat treating, and
allied activities
ammunition
Machinery
manufacturing
Electrical equipment,
appliance, and
components
manufacturing
Transportation
equipment
Miscellaneous
Manufacturing
Jewelry and
silverware
Dolls, toys, games,
and musical
instruments
Office supplies, inks,
etc.
Signs
Wholesale Trade
Durable goods
Nondurable goods
Warehousing and
Storage Services
Office and
warehousing
Warehousing
Tankfarm
TRANSPORTATION,
COMMUNICATION,
INFORMATION,
AND UTILITIES
Transportation
Services
Air transportation
facility
air passenger
transportation
air freight
transportation
airport and support
uses
aircraft and
accessories
other air
transportation
Rail transportation
facility
rail passenger
transportation
rail freight
transportation
3343
X
X
X
3344
X
X
X
3350
X
X
X
3360
X
X
X
3370
X
X
X
3410
X
X
X
3420
X
X
X
3430
X
X
X
3440
3500
3510
3520
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
4112
X
X
X
4113
X
X
X
4114
X
X
X
4115
X
X
X
X
X
X
X
X
X
3400
3600
3610
3620
3630
2700
2780
4000
4100
4110
5600
4111
3920
4120
5700
4121
3940
4122
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
rail transportation
support uses
Road, ground
passenger, and
transit transportation
local transit systems-bus, special needs,
and other motor
vehicles
non-local and charter
bus
school and employee
bus transportation
sightseeing
taxi and limousine
service
towing and other
road and ground
services
Truck and freight
transportation
services
general freight
trucking, local
general freight
trucking, longdistance
Marine and water
transportation facility
marine and
sightseeing
transportation
marine freight
transportation
marine port and
harbor operations
marine cargo
handling and dry
dock services
marine navigational
and other services
Courier and
messenger services
Postal services
national post office
Pipeline
transportation
Communications and
Information
Publishing
newspapers, books,
periodicals, etc.
software publisher
Motion pictures and
sound recording
4123
X
X
X
4133
X
X
X
4134
X
X
X
4135
X
X
X
4136
X
X
X
4137
X
X
X
4138
X
X
X
4140
X
X
X
4141
X
X
X
4142
X
X
X
4151
X
X
X
4152
X
X
X
4153
X
X
X
4154
X
X
X
4155
X
X
X
4160
P
P
P
4170
4171
X
X
P
4180
X
X
X
4211
X
X
P
4212
P
X
P
4130
4150
3950
4200
4210
4220
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
motion picture and
video production,
publishing, and
distribution
motion picture
viewing and
exhibition services
sound recording,
production,
publishing
Telecommunications
and broadcasting
radio and television
broadcasting
cable networks and
distribution
wireless
telecommunications
telephone and other
wired
telecommunications
Information services
and data processing
industries
online information
services
library or archive
news syndicate
data processing,
hosting and related
services
Utilities and Utility
Services
Electric power
hydroelectric power
generation
fossil fuel electric
power generation
nuclear power
generation
alternative energy
sources
Natural gas,
petroleum, fuels
Water, steam, air
conditioning supply
drinking water
irrigation and
industrial water
supply
air conditioning and
steam supply
Sewer, solid waste,
and related services
hazardous waste
collection
4221
X
X
X
4222
X
X
P
4223
X
X
P
4231
X
X
X
4232
X
X
X
4233
X
X
X
4234
X
X
X
4241
X
X
P
4242
4243
P
X
P
X
P
P
4244
X
X
P
4311
X
X
X
4312
X
X
S
4313
X
X
X
4314
X
X
X
4320
X
X
X
4331
X
X
X
4332
X
X
X
4333
X
X
X
X
X
X
4230
4240
4300
4310
4330
4340
4341
6340
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
hazardous waste
treatment and
disposal
solid waste collection
solid waste
combustor or
incinerator
solid waste landfill
waste treatment and
disposal
septic tank and
related services
sewer systems or
sewage treatment
facilities
ARTS,
ENTERTAINMENT,
AND RECREATION
Performing Arts or
Supporting Uses
Theater, dance or
music use [11-6-13]
performance theater
amphitheater
Sports team or club
sports training or
operation facility
sports stadium or
arena
Racetrack
Promoter of sports,
performing arts,
similar events
Agent for
management
services
Independent artist,
writer, or performer
Movie theater
drive-in theater
Museums and Other
Special Purpose
Recreational
Institutions
Museum
Historical or
archeological
institution
Zoos, aquariums,
botanical gardens,
arboreta
Amusement, Sports,
or Recreation Uses
Amusement or
theme park
4342
X
X
X
4343
X
X
X
4344
6330
X
X
X
4345
6320
X
X
X
4346
X
X
X
4347
X
X
X
4348
X
X
X
S
X
S
S
S
X
X
X
X
S
S
X
5130
X
X
X
5140
P
X
P
5150
P
X
P
5160
P
P
P
S
X
X
X
S
X
5000
5100
5110
5111
5112
5120
3110
3130
5121
5122
3300
5170
5171
3120
3140
5200
4400,
4420
5210
4410
P
X
P
5220
4410,
4440
P
P
P
5230
4430,
4440,
4450
X
X
X
X
X
X
5300
5310
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
Games arcade
Casino or gambling
Golf course and
country club
Marina or yachting
club facility operators
Fitness, recreational
sports, gym, athletic
club
Fitness and
recreational sports
center
Miniature golf
courses, archery or
shooting ranges,
outdoor volleyball,
tennis, or swimming
facilities, recreational
ball parks and courts
Recreational day
camp (except
instructional),
recreational or youth
sports teams and
leagues not
operating facilities,
boating clubs
(without marinas),
dance halls
Stable, horseback
riding, pools
Bowling, billiards,
pool
Skating rink, roller
skating
Camps, Camping,
and Related Uses
Such as RV Parks
Natural and Other
Recreational Parks
EDUCATION,
PUBLIC
ADMINISTRATION,
HEALTH CARE,
AND OTHER
INSTITUTIONS
Educational Services
Nursery, preschool,
or kindergarten
Grade school
5320
5330
X
X
X
X
P
X
5340
X
X
X
5360
X
X
X
5371
X
P
P
5372
X
X
X
5373
X
X
P
Elementary
6121
Middle or junior
6122
5370
5374
8240
X
X
X
5380
3200
X
X
P
5390
3200
X
X
P
5400
X
X
X
5500
P
P
P
X
P
P
4210
X
X
X
4210
X
X
X
6000
6100
6110
6120
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
Senior or high
Special needs
education services
Adult education
services
College or university
Technical, trade, or
other specialty
school
beauty schools
business
management
computer or
electronic equipment
training
driving education
fine and performing
arts education [11-613]
flight training
sports and recreation
education
medical, dental,
veterinary, nursing
(except academic)
assistance
language and
tutoring
Public Administration
Legislative and
executive functions
Judicial functions
court
correctional
institution or jail
Other Government
Functions
Military and national
security
Space research and
technology
Public Safety
Fire and rescue
Police
Emergency response
Health and Human
Services
Ambulatory or
outpatient care
services
Clinic
family planning or
outpatient care clinic
6123
4210
X
X
X
6125
X
X
P
6126
X
X
P
X
X
P
6141
X
X
P
6142
X
X
P
6143
X
X
P
6144
X
X
X
6145
S
X
P
6146
X
X
X
6147
X
X
X
6148
X
X
P
6149
X
X
P
6210
P
P
P
6220
6221
P
P
P
4600
X
X
X
7000
X
X
P
P
P
P
X
P
X
X
P
X
P
P
P
6511
X
X
P
6512
X
X
P
6130
4220
6140
4230
6200
6222
6300
6310
6320
6400
6410
6420
6430
4510
4520
4530
6500
6510
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
medical or diagnostic
laboratory
blood or organ bank
Nursing, supervision
and other
rehabilitative
services
Hospital
Health care facility
Social assistance,
welfare, and
charitable services
child and youth
services
child daycare
community food
services
emergency and relief
services
other family services
services for elderly
and disabled
veterans affairs
vocational
rehabilitation
6513
X
X
P
6514
X
X
X
6520
X
X
X
X
X
X
X
X
X
6561
X
X
P
6562
X
P
P
6563
X
X
X
6564
X
X
X
6565
X
X
P
6566
X
X
P
6567
X
X
P
6568
X
X
P
3500
X
X
P
6710
4800
X
X
X
6720
4700,
4800
X
X
X
6810
P
X
P
6820
P
X
P
6830
S
X
S
7100
X
X
X
7200
X
X
X
X
X
X
6530
6540
4110
6560
Religious Institution
6600
Death Care Services
Funeral home and
services
Cemetery or
cremation services
Associations, NonProfit Organizations,
Clubs
Labor or political
organization
Business association
or professional
membership
Civic, social, or
fraternal organization
CONSTRUCTIONRELATED
BUSINESSES
Building, Developing,
and General
Contracting
Machinery Related
Special Trade
Contractor
Carpentry, floor, and
tile contractor
6700
6800
7000
7300
7310
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
Concrete contractor
Electrical contractor
Glass and glazing
contractor
Masonry and drywall
contractor
Painting and wall
covering
Plumbing, heating,
and air conditioning
Roofing, siding, or
sheet metal
contractor
Heavy Construction
Highway and street
construction
Bridge and tunnel
construction
Water, sewer, and
pipeline construction
Power lines,
communication and
transmission lines
Industrial and other
non-building
construction
MINING AND
EXTRACTION
Oil and Natural Gas
AGRICULTURE,
FORESTRY,
FISHING, AND
HUNTING
Crop Production
Grain and oilseed
Vegetable farming or
growing
Fruits and trees
Greenhouse, nursery
and floriculture
All other crops
Support Functions
for Agriculture
Animal Production
Cattle ranch
Dairy cattle and milk
production
Hog farm
Poultry and egg
production
Sheep and goat farm
Fish hatchery,
fishery, aquaculture
All other animal
production
7320
7330
X
X
X
X
X
X
7340
X
X
X
7350
X
X
X
7360
X
X
X
7370
X
X
X
7380
X
X
X
7410
X
X
X
7420
X
X
X
7430
X
X
X
7440
X
X
X
7450
X
X
X
X
X
X
9100
9110
X
X
X
X
X
X
9120
X
X
X
9130
X
X
X
X
X
X
9150
X
X
X
9200
X
X
X
7400
8000
8100
9000
9140
8500
9300
9310
8320
X
X
X
9320
8210
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
9330
9340
8600
9350
9360
9370
8600
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
U-1S
(reserved)
U-1R
(reserved)
FC-3
§33-3.55
FC-2
§33-3.54
OBM-1
(reserved)
OBM-2
(reserved)
FC-1
§33-3.53
LBCS
LBCS
LBCS Classification Function Structure
Code
Code
bees
9371
8800
X
X
X
horse and equine
9372
8240
X
X
X
fur-bearing
9373
X
X
X
Support function for
9380
X
X
X
animal production
Forestry and Logging
9400
X
X
X
Fishing, Hunting and
Trapping, Game
9500
Preserves
Fishing
9510
X
X
X
Hunting and
trapping, game
9520
X
X
X
retreats, game and
fishing preserves
Unclassifiable or No
9900
Function
Sec. 33-3.51. Old Bucktown Mixed-Use Residential (OBM-1).
See Chapter 40, Article XXVI.5 of this Code.
Sec. 33-3.52. Old Bucktown Mixed-Use Commercial (OBM-2).
See Chapter 40, Article XXVIII.5 of this Code.
Sec. 33-3.53. Pedestrian-Core District (FC-1).
Sec.33-3.53.1. Purpose.
This district is intended to create a walkable mixed-use neighborhood that
attracts adults and families to shop and eat. Capitalizing on proximity to the
Lakeside Shopping Center, this district, which is centered on the 18 th Street Corridor,
will be the heart of a vibrant lifestyle center. Upper floors of mixed-use buildings will
provide attractive locations for a mix of offices, lodging, and residences. Uses at
street level will include restaurants, specialty retail, and entertainment venues.
Sec. 33-3.53.2. Authorized uses.
Uses shall be authorized as provided in Section 33-3.50 of this UDC.
Sec. 33-3.53.3. Supplemental use regulations.
A. No drive-in, drive-up, or drive-through facilities or outdoor speakers except as
authorized by the Council through a special event permit, shall be allowed.
B. Except hotels, nonresidential uses shall not exceed twenty-five thousand
(25,000) square feet of ground floor area. Buildings with more than 25,000
square feet of ground floor area that accommodate multiple nonresidential uses
are allowed, provided that the following standards are met:
1. The building is divided into distinct modules that incorporate visible changes
in the street-facing façade elevation through the use of wall plane projections,
piers, columns, colonnades, or similar architectural features that create a
distinctive façade elevation;
2. Each module shall have separate street entrances;
3. Each module for a single continuous façade shall not exceed fifty (50) feet in
width; and
4. The applicant for approval of a building with more than forty thousand
(40,000) square feet of ground floor area shall submit a traffic mitigation plan
that provides a vehicular connection between two north-south streets unless
LURTC determines that existing connections are adequate. The Planning
Director may approve alternative traffic circulation enhancements that
improve east-west movement of traffic after considering the recommendations
of the LURTC, or may forward the mitigation plan to the Council for approval if
the enhancements comprise a major subdivision or involve traffic
improvements that require a development agreement.
C. No residential uses shall be allowed on ground floors.
D. No outdoor storage, display, or operations shall be allowed, except outdoor
customer seating for restaurants and snack bars.
E. Bars and holding bars shall be allowed as accessory uses to a hotel or
restaurant, provided the following standards are met:
1. Size. The total floor area of all bars shall not exceed thirty (30) percent of the
ground floor area up to a maximum area of 600 square feet of the hotel or
restaurant.
2. External entrance. The bar shall not have a separate external entrance other
than emergency exits required by this Code.
3. Hours of operation.
a. An accessory or holding bar to a hotel shall not be open between the
hours of 12:00 a.m. (midnight) and 11:00 a.m., except that on Friday and
Saturday nights it may remain open until 1:00 a.m. on Saturday and
Sunday mornings (See Figure 33-3.53.3-1). By special event permit
issued by the Council, a bar may be allowed to operate for not more than
one (1) additional hour each day. Such bars may not be open when the
primary use is not in operation. The Sheriff’s Office shall enforce hours of
operation.
Figure 33-3.53.3-1. Accessory or holding bar to a hotel or a nonconforming bar.
Hours of Operation
Weekday
12 AM 1AM 2AM 3AM 4AM 5AM 6AM 7AM 8AM 9AM 10AM 11AM 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Period when alcoholic beverages shall not be sold, consumed, or dispensed
Period when alcoholic beverages may be sold, consumed, and dispensed
4.
5.
6.
7.
9.
b. Restaurants that contain a holding or accessory bar shall comply with the
standards for hours of operation for food services in Section 33-3.53.3(H).
Litter control. Each day, the owner or operator of the bar shall collect all litter
and trash originating from the bar and deposited on the site of the bar and
public property within two hundred (200) feet of any boundary of the property
upon which the bar is located.
Soundproofing. The owner or operator of the bar shall install soundproofing
so that sound from the bar does not exceed 60 dba measured at the property
line after 10:00 p.m. Soundproofing methods shall be approved by the
Department of Inspection and Code Enforcement. Outdoor speakers shall be
prohibited. Readings shall be taken by Sheriff’s Office. Three (3) readings at
thirty second intervals will be taken and the mean of these readings will
determine the actual decibel level. Readings will be taken using the A scale
of the sound meter on slow response or other methods that the Sheriff’s
Office determines provide equal or greater sound protection for neighboring
properties.
Security cameras. The owner or operator of the bar shall install and properly
maintain twenty-four hour time-lapse security cameras inside and outside the
building to provide complete coverage of all patron, entry, and parking areas,
or at other locations recommended by the Sheriff’s Office in writing. All
criminal and suspicious activities recorded on required surveillance
equipment must be reported to local law enforcement, and to the extent
allowed by law, the bar’s owner or operator shall provide any tapes or other
recording media from the security cameras to the Sheriff’s Office.
Loitering. The owner or operator of the bar shall discourage loiterers and ask
persons loitering longer than fifteen (15) minutes to leave the area, and shall
contact the Sheriff’s Office for enforcement of applicable trespassing and
loitering laws if persons requested to leave fail to leave.8. Compliance. Such
bars shall comply with above provisions by March 31, 2011. The Director of
Inspection and Code Enforcement may approve up to an additional ninety
(90) calendar days for installation of the soundproofing if a building permit has
been issued, work has been commenced, and the owner or operator has a
contract for completion of the work.
Non-compliance. Failure to comply with the conditions of paragraphs E.1.
through E.7. within the time frames established in paragraph F.8. of this
Section, or the commission of acts listed in Chapter 4 of this Code shall be
grounds for revocation of an alcoholic beverage permit in accordance with
Chapter 4 of this Code.
F. Stand-alone bars or drinking places and drive-through alcoholic beverage service
are prohibited and existing stand-alone bars or nightclubs are considered
nonconforming. Nonconforming bars shall comply with the following standards:
1. Hours of operation. Except as authorized by the Council through a special
event permit, the bar shall not be open between the hours of 12:00 a.m.
(midnight) and 11:00 a.m., except that on Friday and Saturday nights bars
and holding bars may remain open until 1:00 a.m. on Saturday and Sunday
mornings (See Figure 33-3.53.3-1). By special event permit a bar may be
allowed to operate for not more than one (1) additional hour each day. The
Sheriff’s Office shall enforce hours of operation. [2-11-15]
2. Graffiti removal. The owner or operator of the bar shall remove all graffiti
from the walls, fences, pavement, buildings, or other structures associated
with the bar within forty-eight (48) hours of discovery of its appearance on the
property.
3. Litter control. Each day, the owner or operator of the bar shall collect all litter
and trash originating from the bar and deposited on the site of the bar and
public property within two hundred (200) feet of any boundary of the property
upon which the bar is located.
For failure to maintain a litter-free
environment, the owner or operator may be required to locate permanent,
non-flammable trash receptacles, sixty (60) gallons or less in size, at
convenient locations, appropriately screened from view from the street,
outside the bar and in the bar’s parking area. The owner or operator of the
bar shall remove all trash from these receptacles on a daily basis, or more
frequently if needed to maintain a litter-free environment, and from the
sidewalk and public right-of-way adjacent to the property upon which the bar
is located.
4. Soundproofing. The owner or operator of the bar shall install soundproofing
so that sound from the bar does not exceed 60 dba measured at the property
line after 10:00 p.m. Soundproofing methods shall be approved by the
Department of Inspection and Code Enforcement. Outdoor speakers shall be
prohibited. Readings shall be taken by the sheriff’s office. Three (3) readings
at thirty second intervals will be taken and the mean of these readings will
determine the actual decibel level. Readings will be taken using the A scale
of the sound meter on slow response or other methods that the Sheriff’s
Office determines provide equal or greater sound protection for neighboring
properties.
5. Security cameras. The owner or operator of the bar shall install and properly
maintain twenty-four hour time-lapse security cameras inside and outside the
building to provide complete coverage of all patron, entry, and parking areas,
or at locations recommended by the sheriff’s office in writing. All criminal and
suspicious activities recorded on required surveillance equipment must be
reported to local law enforcement, and to the extent allowed by law, the bar’s
owner or operator shall provide any tapes or other recording media from the
security cameras to the Sheriff’s Office.
6.Vegetation. No exterior vegetation shall be planted or maintained that could
be used as a hiding place for persons on the premises. Exterior vegetation
shall be planted and maintained in a manner that minimizes its use as a
hiding place. No hedge on the premises of a stand-alone bar shall be taller
than two and one-half (2.5) feet.
7. Loitering. The owner or operator of the bar shall discourage loiterers and ask
persons loitering longer than fifteen (15) minutes to leave the area, and shall
contact the Sheriff’s Office for enforcement of applicable trespassing and
loitering laws if persons requested to leave fail to leave.
8. Compliance. Nonconforming bars shall comply with the above provisions by
March 31, 2011, provided that the Director of Inspection and Code
Enforcement may approve up to an additional ninety (90) calendar days for
installation of the soundproofing if a building permit has been issued, work
has been commenced, and the owner or operator has a contract for
completion of the work.
9. Revocation of nonconforming status. Failure to comply with the conditions of
paragraphs F.1. through F.7. within the time frames established in paragraph
F.8. of this Section or the commission of acts listed in Chapter 4, Article II,
Section 4-32 of this Code shall be grounds for revocation of nonconforming
status. The Director of Inspection and Code Enforcement shall notify the
property owner and operator of the bar of the revocation of nonconforming
status by certified mail. The notice shall cite the reasons for the revocation.
Either the property owner or the operator of the bar may file an appeal to the
revocation with the Parish Council within thirty (30) calendar days of the date
that the notification is mailed in accordance with Chapter 40 of this Code.
Before deciding on the validity of the action, the council shall conduct a public
hearing and consider evidence of whether the bar has operated in compliance
with all of the requirements of this Section and with the conditions established
in Chapter 4, Article II, Section 4-32 of this Code, as the effectiveness of
efforts to remedy violations.
G. A business that conducts retail sales or services (see Table 33-3.4.5-1 LBCS
function codes 2100 et seq.) shall not sell beer or other alcoholic beverages
between the hours of 12:00 a.m. (midnight) and 7:00 a.m., except that on Friday
and Saturday nights a business may sell alcoholic beverages until 1:00 a.m. on
Saturday and Sunday mornings (See Figure 33-3.53.3-2). The Sheriff's Office
shall enforce hours of operation. Failure to comply with hours of operation or the
commission of acts listed in Chapter 4 of this Code shall be grounds for
revocation of an alcoholic beverage permit in accordance with Chapter 4 of this
Code.
Figure 33-3.53.3-2. Businesses conducting retail sales or services. [2-11-15]
Hours of Operation
Weekday
12 AM 1AM 2AM 3AM 4AM 5AM 6AM 7AM 8AM 9AM 10AM 11AM 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Period when alcoholic beverages shall not be sold, consumed, or dispensed
Period when alcoholic beverages may be sold, consumed, and dispensed
H. A business that has an alcoholic beverage permit and provides food services
(see Table 33-3.4.5-1 LBCS function codes 2500 et seq., excluding a bar or
drinking place and a drive-through alcoholic beverage service which are subject
to the provisions established in Section 33-3.53.3.(E) of this Chapter) or provides
arts, entertainment, or recreation services (see Table 33-3.4.5-1 LBCS function
codes 5000 et seq.,) shall comply with the following standards:
1. Hours of operation.
a. No sale or dispensing of alcoholic beverages shall be allowed between the
hours of 11:30 p.m. and 7:00 a.m., except that on Friday and Saturday
nights alcoholic beverages may be sold or dispensed until 12:30 a.m. on
Saturday and Sunday mornings (See Figure 33-3.53.3-3).;
b. No sale, dispensing, or consumption of alcoholic beverages shall be
allowed between 12:00 a.m. (midnight) and 7:00 a.m., except that on
Friday and Saturday nights the consumption of alcoholic beverages shall
be allowed until 1:00 a.m. on Saturday and Sunday mornings (See Figure
33-3.53.3-3);
Figure 33-3.53.3-3. Businesses that have an alcoholic beverage permit and
provide food services or arts, entertainment, and recreation services.
Hours of Operation
Weekday
12 AM 1AM 2AM 3AM 4AM 5AM 6AM 7AM 8AM 9AM 10AM 11AM 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Period when only the consumption of alcoholic beverages is allowed
Period when alcoholic beverages shall not be sold, consumed, or dispensed
Period when alcoholic beverages may be sold, consumed, and dispensed
c.
A business which uses a separate room from the restaurant section as an
accessory bar must keep the separate room locked during the period
when alcoholic beverages shall not be sold, consumed, or dispensed;
and
d. No opened or sealed containers containing alcoholic beverages shall be
sold, consumed, or dispensed anywhere on the licensed premises or
property, including parking lots and other outdoor spaces, during the
period when alcoholic beverages shall not be sold, consumed, or
dispensed.
2. Enforcement. The Sheriff's Office shall enforce hours of operation. Failure to
comply with hours of operation or the commission of acts listed in Chapter 4
of this Code shall be grounds for revocation of an alcoholic beverage permit
in accordance with Chapter 4 of this Code.
I. Not more than two (2) service vehicles shall be parked in a required parking
space at any time. All vehicles parked or stored on-site shall be operational and
have current registration and licensing.
J. Accessory or support buildings and structures customarily incidental to the
primary use shall be allowed on the same lot as the primary use, provided that
the support building or structure is used or operated by the owner or a tenant in
the principle structure, and that the structure or building complies with the
standards established in Section 33-3.6 of this UDC and Chapter 40 of this Code.
K. Parking, whether a primary use or accessory use, shall not access 18 th Street.
Access via any street intersecting 18th Street shall be located at least fifty (50)
feet from the 18th Street right-of way (see Figure 33-3.53.3-4). A single driveway
shall be granted by the Planning Director for interior lots along 18 th street if the
LURTC finds that all of the following conditions have been met:
1. The driveway is part of a development that requires site plan approval;
2. Site constraints preclude access to the parking structure or rear parking area
from side streets;
3. The applicant provides rear access connections to abutting parking areas and
shall grant common access through the driveway from 18 th St. and across the
parking areas of the site. The common access shall be secured by a
common access servitude shown on the site plan, or shared access
agreement recorded with the site plan;
4. Not more than one other driveway has been approved along the same block
face since adoption of these regulations; and
5. The driveway:
a. Does not exceed twenty (20) feet in width;
b. Provides access to a parking structure or the rear of the site; and
c. Shall be located at least fifty (50) feet from the projected intersection of
curb lines of any street intersection.
Figure 33-3.53.3-4: Driveway or Garage Separation from 18th Street
L. Mixed use buildings shall comply with the standards established in Section 333.56.1.
M. Club for the purposes of the FC-1 zoning district shall mean buildings and
facilities owned and operated by a corporation, association, person, or persons
for social, educational or recreational purpose, but not for profit, or not to render
a service that is normally carried on as a business or that excludes minors.
Clubs shall not provide services that are the functional equivalent of adult uses or
stand-alone bars. Clubs that provide food and alcoholic beverages to members
shall operate subject to the same FC-1 and FC-3 zoning district requirements as
restaurants with accessory bars that are open to the public.
N. Theaters shall comply with the following standards:
1. Prohibition. Theaters shall not function as adult uses as defined in Chapter 40
of this Code; however, nothing contained in these regulations shall be
construed to limit the exhibition, presentation, showing, or performance of any
play, ballet, drama, or motion picture in any theater, which is primarily
devoted to such exhibitions, presentations, shows, or performances as a form
of expression of opinion, communication, speech, ideas, information, drama,
or art, as differentiated from commercial or business advertising, promotion or
exploitation of nudity, or obscene live conduct for the purpose of advertising,
promoting, selling or serving products or services or otherwise advancing the
economic welfare of a commercial business or business enterprise such as a
hotel, motel, bar, nightclub, restaurant, tavern, or dance hall.
2. Capacity. Theaters shall be limited to a maximum total capacity of two
hundred (200) persons and to a single-screen for motion picture films.
3. Accessory uses.
a. Food services. The sale of food and beverages for consumption on the
premises shall be allowed.
b. Alcoholic beverages. Holding bars shall be allowed, provided the bar
meets the regulations for size and external entrance in Sec. 33.3.53.3(E)
and meets the regulations for hours of operation for food services in Sec.
33.3.53.3(H).
c. Fine and performing arts education. Fine and performing arts education
shall be allowed provided class size does not exceed fifteen (15) students
and no more than two (2) classes are conducted simultaneously.
4. Nuisances.
a. All doors and windows shall be closed while a performance or
presentation is in progress.
b. Unless the Parish Council issues a special event permit, the production of
music shall not be allowed outside the theater building.
c. Theaters shall comply with provisions for litter control and soundproofing
as provided in Section 33-3.53.3(E).
O. Mobile food services shall comply with the provisions of Chapter 22, Article III of
this Code, with the following modifications:
1. Special Event Permit required. A Special Event Permit approved by the
Jefferson Parish Council is required for a mobile food service event, and the
permit is subject to the following requirements:
a. Must be requested by and issued to a non-profit organization which shall
include with the application the current lease or letter of permission from
the owner, lessor, or sub-lessor of the private property upon which the
mobile food services will be conducted;
b. Shall be limited to one mobile food service event per month; and
c. Shall not be conducted between the hours of 10:00 p.m. and 7:00 a.m.
2. Site criteria.
a. The mobile food service site shall be privately-owned property;
b. Sales shall not be conducted on any area of the private property within ten
(10) feet of a property line abutting any public right–of-way which is used
for vehicular traffic;
c. Street furniture such as tables, chairs, and temporary shade structures for
customers of the mobile food services shall be allowed on privately-owned
property, including within ten (10) feet of the property line; and
d. Individual mobile food service vehicles, carts, stands, or tables on site
shall:
(1) Provide a trash receptacle located within fifteen (15) feet of the vehicle,
cart, stand, or table;
(2) Not be subject to zoning requirements for parking or loading;
(3) Not be required to have one or more permanent restroom facilities; and
(4) Not be required to have electrical, water, and sewer connections in
accordance with Chapter 8 of this Code.
3. Individual mobile food service vendors permit. Prior to the conducting of
sales, a mobile food service vendor shall obtain a permit in accordance with
Chapter 22, Article III of this Code with the following modifications:
a. The permit shall be obtained from the Department of Inspection and Code
Enforcement instead of the Sheriff’s Office;
b. Each mobile food service vendor shall provide the latest inspection report
completed by the state health officer and the valid permit issued by the
State health officer for the food vehicle, cart, stand, or table and for the
required commissary, depot, or processing plant, which may be located
outside of Jefferson Parish;
c. Each vendor shall pay the annual permit fee required by the Department
of Inspection and Code Enforcement;
d. The Parish’s permit shall be valid for the period that the permit from the
state health officer is valid, and the vendor shall renew the Parish permit
concurrent with renewal of the State permit; and
e. Any vendor who secures a permit under the regulations of this Chapter but
otherwise fails to abide by applicable state regulations, this Chapter, and
Chapter 22, Article III of this Code as excepted herein, shall be subject to
suspension and/or revocation of the permit.
Sec. 33-3.53.4. Building setbacks.
A. Front. The minimum and maximum setback shall be five (5) feet. Minimum and
maximum setbacks shall be the minimum and maximum distances between the
property line and the building line. A portion of the building may be setback to
accommodate an outdoor seating area as permitted below.
1. After reviewing a site plan application and considering the recommendation of
LURTC, the planning director may approve the establishment of an outdoor
seating area, plaza, or courtyard at ground level between the building and the
property line provided that the area:
a. Shall adjoin the sidewalk and shall not be wider than the greater of fifty
(50) feet or fifty (50) percent of the development site width and not deeper
than two-hundred (200) feet.
b. Shall have a minimum floor area of 200 sq. ft. and a maximum floor area
of 1,000 sq. ft.
c. Shall be constructed of a durable outdoor surface that is compatible with
parish-approved sidewalk material.
d. If elevated, shall not exceed eighteen (18) inches above the level of the
abutting sidewalk.
2. On 18th Street, the entire area between the property line and the building line
shall be paved with parish-approved sidewalk material and be an extension of
the sidewalk. On other streets, the entire setback area shall be landscaping
except for driveways, walkways, or outdoor seating areas.
3. Awnings, canopies, balconies, or the upper floors of a building that create an
arcade or gallery are encouraged. Said structures provide public benefits,
including visual interest and shade, and promote the vision of a traditional,
pedestrian-friendly, and vibrant main street. Awnings, canopies, balconies, or
the upper floors of a building that create an arcade or gallery may be
established subject to the following conditions:
a. Balconies and awnings may project to the back of the curb line subject to
Parish Attorney approval of an agreement allowing use of public right-ofway and indemnifying the Parish for any balcony or awning that extends
into a public right-of-way.
b. Arcades formed by the projection of buildings to the back of the curb-line
are permitted where on-street parking is provided and the building does
not project into public right-of-way. To provide pleasant, usable space that
connects with surrounding properties, an arcade shall be well-lit and shall
not terminate at dead ends at the side of adjacent buildings.
c. A minimum width of eight (8) feet of pedestrian and frontage zones, or
sidewalk, complying with ADA standards shall be provided between the
first floor façade and any posts or columns supporting the awning, canopy,
balcony, or building overhang. Such posts or columns may be located in
the furniture zone but shall not be located within the pedestrian zone or
within eighteen (18) inches of the face of the curb;
d. At least fourteen (14) feet of clearance shall be provided between the
sidewalk and the bottom of the balcony or arcade ceiling;
e. At least nine (9) feet of clearance shall be provided between the sidewalk
and the bottom of the awning. The height of awnings, measured vertically
from the lowest to the highest point, shall not exceed four (4) feet; and
f. At least ten (10) feet of clearance shall be provided between the awning,
canopy, balcony, or building overhang and any potential hazards (e.g.,
power or telecommunications lines).
B. Side setback. No minimum or maximum, subject to building and fire code
requirements.
C. Rear setback. No minimum or maximum, subject to building and fire code
requirements.
D. Exterior side setback for corner lots. Setbacks from each street shall comply with
front setbacks.
E. No variances or exceptions to building setbacks shall be permitted in the FC-1
district by the Parish Council, or any Parish Board, or Commission, except that
the Planning Director, after considering LURTC comments, may make the
following modifications:
1. The minimum or maximum front or corner lot side setbacks by up to five (5)
feet to facilitate transitions between buildings, establish a more functional
pedestrian environment, or meet requirements for parking, landscaping, or
clear vision area.
2. Outdoor surface materials including hardscape and softscape.
3. Setbacks for buildings elevated to meet or exceed base flood elevation (BFE)
by the minimum amount needed to facilitate transitions between raised
buildings and sidewalks or vehicular use areas.
Sec. 33-3.53.5. Maximum building height.
A. No building or structure shall exceed sixty-five (65) feet in height. Chapter 40,
Section 40-737 of this Code shall not apply to any building or structure in this
district.
B. Buildings shall not be less than three (3) stories on corner lots or less than two
(2) stories in other portions of the district.
C. First floor ceiling heights shall not be less than fourteen (14) feet or more than
twenty (20) feet.
D. No variances or exceptions to maximum or minimum height or stories shall be
permitted in the FC-1 district by the Parish Council, or any Parish Board or
Commission.
Sec. 33-3.53.6. Openings.
A. On the ground floor, the following standards shall apply:
1. A minimum of seventy (70) percent of the street-facing building façades
between the elevations of two (2) feet and ten (10) feet above the first
finished floor shall be comprised of doors or transparent windows that provide
a view of the interior area within three (3) feet of the opening.
2. Transparent shall mean that the window is constructed of non-reflective clear
or lightly tinted glass. Non-reflective opaque glass and darkly tinted glass are
not considered to be transparent and are prohibited.
3. The Planning Director may approve decorative or stained glass or the use of
a material allowed for above-ground floors if a retail use demonstrates that
this material is necessary for additional display space and does not detract
from the design of the facade.
B. On upper or above-ground floors, the following standards shall apply:
1. A minimum of thirty (30) percent of the street-facing walls of all structures,
including parking garages, above the first floor shall be comprised of
windows, or for parking structures other openings approved by the Planning
Director.
2. Windows may be constructed of spandrel; mirrored, frosted, or decorative
glass; or glass block.
3. Openings shall be horizontally aligned with openings on adjacent buildings,
vertically aligned, or proportionate with openings on the ground floor of the
building.
C. Calculations for openings and window transparency shall be independently
computed for and applied to each street-facing building façade and shall not
include building facades that are both visible from and perpendicular to a street
(See Figure 33-3.53.6-1).
D. The Planning Director may adjust requirements for openings for buildings
elevated to meet or exceed base flood elevation (BFE) by the minimum amount
needed to accommodate BFE.
Figure 33-3.53.6-1: Street Facing Building Facades
Sec. 33-3.53.7. Entries.
Buildings must have a customer entrance door facing each abutting street. For
corner buildings facing two (2) streets, a corner entrance door shall be allowed.
Sec. 33-3.53.8. Garage doors/loading docks.
No garage door or loading dock shall face a public street except as authorized
pursuant to Section 33-3.60 of this UDC. The planning director may approve a
garage door for a restaurant with an outdoor seating area if a minimum of seventyfive (75) percent of the garage door is comprised of windows constructed of nonreflective clear or lightly tinted transparent glass.
Sec. 33-3.53.9. Building materials.
Building facades shall comply with the following standards for materials:
A. At least eighty (80) percent of each building façade visible from the street,
excluding window and door area, shall be clad in brick, stone, stucco, textured
masonry, wood, or architectural pre-cast concrete. This requirement shall be
independently computed for and applied to each applicable building façade.
B. Applicable facades shall include street-facing building facades and facades both
visible from and perpendicular to the street (See Figure 33-3.53.6-1), subject to
the following conditions:
1. When the façade of a new building or addition to an existing building is both
visible from and perpendicular to the street, the entire façade area shall
comply with these requirements for exterior wall materials; however, this
façade is not required to be clad in material identical to the front façade.
2. The façades perpendicular to the street of an existing building shall be
maintained in a condition consistent with that of the front façade, and shall
comply with all Parish property maintenance codes.
C. At the request of the applicant through the site plan review process, the Planning
Director, upon consideration of LURTC comments, may approve the use of
alternative building materials with the exception of the following prohibited
building materials:
1. Plain concrete block
2. Exposed aggregate (rough finish) concrete wall panels
3. Exterior insulating finish systems (EIFS) or synthetic stucco
4. Plastic
5. Vinyl
6. Metal with exposed fasteners
Sec. 33-3.53.10. Fences.
A. Wood fences, ornamental fences, or fences of substantially similar appearance
not to exceed eight (8) feet in height may be erected along interior side or rear lot
lines, around side or rear yards, or in a side or rear yard when placed behind or
in alignment with the front building line, or the side building line on a corner lot,
and connecting the building with a fence on or along an interior side or a rear lot
line subject to the following provisions:
1. Front yards shall not be fenced, except an ornamental fence not taller than
forty-two (42) inches tall measured from sidewalk elevation may be used to
enclose allowed customer areas along street frontages.
2. Fences facing streets shall be constructed of wrought or cast metal or a
similar durable material approved by the Planning Director and may include a
masonry wall a maximum height of two and one-half (2.5) feet; however, a
fence facing a street that is set back at least twenty (20) feet from the front
property line, or side property line in the case of a corner lot, may be
constructed of decorative capped vertical or horizontal wood board provided
that all boards are painted, stained, or treated with preservative and are
located on the outside of the posts and facing the street.
B. See Sec. 33-3.56.4(D) for additional regulations concerning fencing for a parking
lot.
Sec. 33-3.53.11. Sidewalks.
Eleven (11) feet of streetscape zone shall be provided between the building and
the back-of-curb; this area shall contain the pedestrian and frontage zones with a
sidewalk complying with ADA standards and parish specifications, and the furniture
zone, with a width of five (5) feet. Street lights or other street furniture to Parish
specifications may be required in the furniture zone as determined during site plan
review. Where at least three (3) feet of frontage zone is covered by a canopy,
arcade, awning or gallery, a restaurant or snack bar may establish a customer dining
area, provided that tables and chairs do not extend into the pedestrian zone and that
the tables and chairs are moved indoors when the restaurant or snack bar is closed.
Sec. 33-3.53.12. Signs.
Signs shall be established in accordance with the following conditions: [11-6-13]
A. Generally. The General Sign Regulations of Chapter 40 of this Code shall apply
for any standards that are not provided in this Section.
B. Wall, awning, projecting, or hanging. Each business having a direct entry to a
sidewalk or exterior walkway at ground level may have one (1) wall, awning,
projecting, or hanging sign attached to the building, subject to the following
conditions:
1. A wall sign shall not be larger than twenty (20) square feet, except a wall sign
on a building set back at least twenty (20) feet from a public street and
constructed before the adoption of Ordinance No. 23881 on September 22,
2010 shall not be larger than fifty (50) square feet.
2. A projecting or awning sign shall not be larger than twenty (20) square feet
and shall be located at least eight (8) feet above ground level measured from
the bottom of the sign or awning to the surface of the sidewalk or exterior
walkway. Projecting signs shall not extend more than four (4) feet from the
building façade, except that where lots do not abut 17th or 18th street a
projecting sign may extend up to ten (10) feet from a building but not beyond
the pedestrian zone.
3. Instead of a projecting sign, a hanging sign limited in area to six (6) square
feet shall be allowed hanging from the underside of a balcony or arcade as an
accessory sign and shall not be included in computation of sign area.
Hanging signs must be located at least eight (8) feet above ground level
measured from the bottom of the sign to the surface of the sidewalk or
exterior walkway.
4. Businesses located on a corner lot or within a corner unit fronting on Severn
Avenue may have a total of two (2) wall, awning, or projecting signs provided
that the total area of both of the wall, awning, or projecting signs on a new
building shall not exceed thirty (30) square feet and neither sign shall exceed
twenty (20) square feet. The total area of both the wall, awning, or projecting
signs on an existing building shall not exceed fifty (50) square feet, and only
one (1) wall, awning, or projecting sign shall be located on each street-facing
building façade.
C. Window. Window signs may be etched in the glass or hung inside the building,
provided that no window sign shall occupy more than twenty-five (25) percent of
a window opening. Any sign etched into, applied to, or hung within four (4) feet
of the inside pane of a window shall be considered a window sign.
D. Building directory. For buildings with multiple businesses lacking direct entry
from a sidewalk or exterior walkway at ground level, a single building directory
sign not larger than six (6) square feet in area may be attached to a wall within
eight (8) feet of the building’s primary entry.
E. Address and building name. Addresses shall comply with Chapter 8 of this Code
and shall not be considered part of a sign unless the address is a portion of a
business name. The name of a building may be built into or attached to the wall
of the building or may be a part of the monument sign, but not both wall and
monument, and shall not exceed eight (8) square feet in area, which shall not be
included in computation of sign area.
F. Directional. Directional signs, limited in area to six (6) square feet each, giving
directions to motorists, bicyclists, or pedestrians regarding the location of parking
areas, access, or ingress and egress, shall be allowed as accessory signs and
not included in any computation of sign area. A free-standing directional sign
shall not exceed six (6) feet in height.
G. Monument.
1. One (1) monument sign complying with the sign standards for the FC-3
district may be established on the east side of development sites abutting
Severn Avenue.
2. A monument sign may be established on other sites subject to the following
criteria:
a. The monument sign shall replace an existing detached pole sign that was
a legal sign before the adoption of Ordinance No. 23881 on September
22, 2010.
b. One (1) monument sign is allowed for each site and the sign shall not
exceed twenty (20) square feet in area and six (6) feet in height.
c. The monument sign shall be removed prior to the issuance of a building
permit for the construction of a new building that replaces the building in
which business was conducted or product was sold as advertised by the
sign.
3. All monument signs shall be located within a landscaped area of one hundred
(100) square feet, except that the Planning Director may reduce this area to
meet requirements for parking or clear vision area.
H. Menu. A single portable menu sign measuring four (4) square feet or less may
be placed in approved courtyards behind the front setback line or in the furniture
or frontage zone for a restaurant or snack bar.
I. Mural. Upon review by the Planning Department, murals may be allowed on
building walls and masonry fences or enclosures subject to the following criteria:
1. The area of a mural, as defined in section 33-10.1, shall not be included in the
computation of total sign area. Any portion of a painted or applied sign
containing advertising, commercial messages, or logos shall be considered a
wall sign, and shall be included in the computation of total sign area.
2. A mural shall not extend more than six (6) inches from the surface on which it
is applied, shall not extend beyond the height of the structure on which it is
applied, and shall not include moving or protruding elements.
3. A mural may feature the name of the artist(s) of the mural and date of
completion in the form of a plaque or notation not to exceed the lesser of five
(5) percent of the mural area or six (6) square feet. The plaque or notation
bearing the name of the artist(s) must be located in a lower corner of the
mural area.
4. Murals must be applied in a durable material or paint finish that can withstand
five (5) years of regular wear and weathering.
5. Murals may be externally illuminated, but may not consist of internally
illuminated elements.
6. The regulations for murals shall not conflict with requirements for openings,
and murals shall not obscure required openings.
J. .Prohibited signs. All other sign types, including, but not limited to, off-premise
advertising signs and projector, animated, or electronic variable message signs,
except as part of an allowed monument sign on Severn Avenue, are prohibited.
K. .Sign placement. No sign shall be placed upon a balcony, roof, door, or window,
an accessory building, or placed in any manner whatsoever so as to conceal any
window, door, balcony, awning or cornice of a building.
L. Sign illumination. A wall, projecting, hanging, or window sign may be illuminated
internally, and all signs may be illuminated externally except that a sign shall not
be illuminated both internally and externally. Illumination shall not be aimed,
directed or reflected, focused, or mounted to cause direct light from the luminaire
to be directed toward residential uses or adjoining uses, or to create up light, spill
light, or glare perceptible to persons operating motor vehicles on public ways.
Illumination of the sign face shall not exceed fifty (50) lumens per square foot and
flashing, blinking, or scintillating lights are prohibited.
M. Sign variances. No variances or exceptions to signs shall be permitted in the
FC-1 district by the parish council, or any parish board or commission.
Sec. 33-3.53.13. Outdoor lighting.
Outdoor illumination of any building, seating area, plaza, courtyard, landscaping,
or similar purpose shall not be aimed, directed, or reflected, focused, or mounted to
cause direct light from the luminaire to be directed toward residential uses, or to
create up light, spill light, or glare perceptible to persons operating motor vehicles on
public ways. The installation of any mercury-vapor fixture or lamp for use as outdoor
lighting is prohibited. If any luminaire is aimed, directed, reflected, focused, or
mounted to cause direct light from the luminaire to be directed toward residential
uses, or to create up light, spill light, or glare perceptible to persons operating motor
vehicles on public ways, the luminaire shall be redirected or relocated, its height
remounted, or its light output and illumination levels controlled as necessary and
determined by the Department of Inspection and Code Enforcement to eliminate
such conditions.
Sec. 33-3.53.14.Landscaping.
At least one (1) medium tree, in accordance with tree standards on file with the
Planning Department, shall be established for every thirty (30) feet of frontage, or
fraction thereof. Street trees may be located within the right-of-way in accordance
with the provisions of Chapter 37 of this Code. Tree selections shall be consistent
with the planting list in the Planning Department and shall be approved by the
Planning Director after considering LURTC recommendations.
A. The Planning Director may approve the substitution of other permanent landscaping
materials or of street furniture for the trees when an awning, canopy, balcony, or the
upper floors of a building are allowed to project into the landscaping area, or the
location of utilities prevents the planting of trees. If no substitution for the trees is
appropriate or feasible, the property owner may provide the monetary value of the
required tree(s), as determined by the Parish Arborist. Payments in lieu of
required trees shall be paid to the Parish Department of Parkways and shall be
placed in an account dedicated to the planting or maintenance of trees on public
property within the Fat City zoning districts.
B. The owner, tenant, or their agent, if any, shall be jointly and severally responsible for
the maintenance of all landscaping. All required landscaping shall be maintained in a
neat and orderly manner at all times. This maintenance shall include mowing,
edging, pruning, fertilizing, watering, weeding, and other such activities common to
the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter,
weeds and other such material or plants not a part of the landscaping. All plant
materials shall be maintained in a healthy and growing condition as is appropriate for
the season of the year. Dead plant materials shall be replaced with similar healthy
plant materials.
Sec. 33-3.53.15.Parking.
Parking shall be provided in accordance with section 33-3.6 of this UDC and
Chapter 40 of this Code. No variances or exceptions to parking shall be permitted in
the FC-1 district by the Parish Council, or any Parish Board, or Commission except
that the Board of Zoning Adjustments may grant a variance for one (1) required
parking space to accommodate a monument sign under the following conditions:
A. Visibility of the monument sign from the roadway is more than fifty (50) percent
obstructed by a vehicle parked in the required parking space, and
B. Due to constraints of the site, no other reasonable location is available for the
monument sign, as determined by the director of inspection and code
enforcement or the Planning Director, as applicable.
Sec. 33-3.53.16. Loading.
On-site loading zones shall be located behind the front building line and loading
bays shall not face 18th Street. With the exception of postal services, deliveries shall
be limited to 9:00 am to 11:30 am and 1:30 pm to 4:30 pm on weekdays and from
7:30 am to 11:30 am on weekend days and holidays.
Sec. 33-3.53.17. Dumpsters.
The use of dumpsters shall be prohibited and shall be removed from the FC-1
district when the first of the following occurs: a site plan is required pursuant to
Section 33-3.60 of this UDC; a new business license is issued for a use in a single
use building; an existing dumpster service contract expires; or June 30, 2014. A
food service operation (FSO), as defined in Sec. 27-143 of the Code of Ordinances
of the Parish of Jefferson, is authorized to use a dumpster by right, under the
following conditions:
A. Dumpsters shall be subject to the location and screening requirements of
Chapter 16, Garbage and Other Solid Waste, and Sec. 33-3.56.6(C) of the Fat
City regulations, including the hardship provision of these requirements.
B. If granted a hardship for location, a dumpster enclosure located between the
property line and the building line shall be constructed of concrete block and clad
in the same materials as the principal building with a landscape buffer of two and
one-half (2.5) feet on all sides excluding the service entrance to the dumpster
enclosure.
Sec. 33-3.53.18. Trash receptacles.
Trash receptacles shall not be located between the front or side building line and
the street between the hours of 6:00 AM and midnight.
Sec. 33-3.53.19. Mechanical equipment.
Mechanical equipment, electrical meter and service components, and similar
utility devices, whether ground level, wall mounted, or roof mounted, shall be
screened from view at the front property line as well as the side property line on the
corner side if a corner lot. Exterior screening materials shall be the same as the
predominant exterior materials of the principal building. Above-ground public utilities
with the exception of utility poles shall be screened by a continuous hedge of no less
than three (3) feet in height if surrounded by at least three (3) feet of exposed soil or
grass. A setback of no less than one and one-half (1½) feet must be provided
around the equipment to allow for proper operation and maintenance of the
equipment.
Sec. 33-3.54. Residential Mixed Use District (FC-2).
Sec. 33-3.54.1. Purpose.
This residential district is intended to create a walkable residential neighborhood
with live-work alternatives and neighborhood service uses. Capitalizing on proximity
to the Fat City Pedestrian Core District and the Lakeside Shopping Center, this
district will be an attractive residential area for young adults and empty nesters, with
a mix of residential, office, and neighborhood services at street level and residences
on upper levels. For purposes of zoning compatibility standards, FC-2 shall be
considered a residential zoning district.
Sec. 33-3.54.2. Authorized uses.
Uses shall be authorized as provided in Sec. 33-3.50 of this UDC.
Sec. 33-3.54.3. Supplemental use regulations.
A. No drive-in, drive-up, or drive-through facilities or outdoor speakers shall be
allowed.
B. Non-residential uses shall be limited to the first floor and shall not exceed fifteen
thousand (15,000) square feet in floor area. Uses accessory to residential uses
(e.g., recreational facilities) may be established on any floor.
C. No outdoor storage, display, or operations shall be allowed, except outdoor
customer seating for restaurants, snack bars, or other uses where alcoholic
beverages are not served. D.
Accessory or support buildings and structures
customarily incidental to the primary use shall be allowed on the same lot as the
primary use, provided that the support building or structure is used or operated
by the owner or a tenant in the principle structure, and that the structure or
building complies with the standards established in this UDC and Chapter 40 of
this Code.
E. Townhome development shall comply with the following standards:
1. Building design. No fewer than five (5) and no more than ten (10) dwelling
units shall be contiguous. No contiguous group of townhouse dwellings shall
exceed 180 feet in length and each group shall incorporate wall plane
projections, recesses, or articulated facades combined with window and door
placements that create a multi-faceted exterior form and attractive
architectural design. Front entryways shall face the street.
2. Building setbacks.
a. Lot width. Minimum of eighteen (18) feet for the lot on which each unit is
located.
b. Front. No minimum or maximum, subject to building code requirements.
Any yard provided between the front lot line and building line, or on a
corner lot between the side lot line and building line, shall form a
contiguous open area consisting of lawn, landscaped areas, or walkways
and shall not include parking, driveways, or other impervious surfaces
other than walkways.
c. Side. Minimum of five (5) feet for corner dwelling units.
d. Rear. No minimum or maximum, except that an alley or driveway having a
minimum width of eighteen (18) feet of paved roadway that is used to
provide rear ingress and egress to each lot shall be required. The alley
shall be considered a private drive and may be subject to a Parishapproved maintenance plan.
3.
Off-street parking. Parking shall be provided in accordance with the
requirements for residential units of this UDC. Parking may be grouped in
bays, either adjacent to a street or in the interior of the development site,
but shall not be located in the front yard of a lot or the side yard of a
corner lot on which a dwelling unit is located. Grouped parking adjacent to
a street shall be landscaped in accordance with the requirements of this
UDC.
4.
Maintenance of common areas. Maintenance, repair, and decisions
affecting the required alley or driveway, grouped parking, and any other
areas held in common ownership shall be the responsibility of an
association of homeowners in accordance with Section. 33-6.9 of this
UDC.
a. Any use, including retail sales, food services, or arts, entertainment
and recreation services, that sells, dispenses, or provides for the
consumption of alcoholic beverages shall comply with the applicable
provisions established for the FC-1 district in Section 33-3.53 of this
Chapter.
b. Mobile food services with the criteria listed in Chapter 33-3.53.3(O).
Sec. 33-3.54.4. Building setbacks.
A. Front. The minimum setback shall be five (5) feet and the entire setback area
shall be landscaping except for driveways, walkways, or outdoor seating areas.
B. Side. Minimum of five (5) feet.
C. Rear. Subject to building and fire code requirements.
D. Exterior side setbacks for corner lots. A minimum of five (5) feet and a maximum
of ten (10) feet.
E. No variances or exceptions to building setbacks shall be permitted in the FC-2 by
the Parish Council, or any Parish Board, or Commission, except that the
Planning Director, after considering LURTC comments, may make the following
modifications:
1. The minimum front or corner lot side setbacks by up to five (5) feet to facilitate
transitions between buildings, establish a more functional pedestrian
environment, or meet requirements for parking, landscaping, or clear vision
area.
2. Setbacks for buildings elevated to meet or exceed base flood elevation (BFE)
by the minimum amount needed to facilitate transitions between raised
buildings and sidewalks or vehicular use areas.
Sec. 33-3.54.5. Maximum building height.
No building or structure shall exceed sixty-five (65) feet in height, except as
provided in this paragraph. First floor ceiling heights for non-residential uses shall
not be less than fourteen (14) feet nor more than twenty (20) feet. Maximum
building height may be increased by one (1) foot over sixty-five (65) feet in height for
every one (1) foot setback beyond a distance of one hundred (100) feet from the FC1 or a residential zoning district, up to a maximum of one hundred and twenty (120)
feet, subject to submittal of a site plan in compliance with this UDC and the following
conditions:
A. The footprint of the portion of the building exceeding sixty-five (65) feet in height
shall not be greater than seventy-five (75) percent of the footprint of the portion of
the building at grade;
B. The portion of the building exceeding sixty-five (65) feet in height shall be set
back at least twenty (20) feet behind the front of the building at grade (see Figure
33-3.54.5-1);
C. The portion of the building exceeding sixty-five (65) feet in height shall be located
at least one hundred (100) feet from the boundaries of the FC-1 or a residential
zoning district (see Figure 33-3.54.5-2);
D Prior to establishing a building taller than sixty-five (65) feet in height, the
applicant shall:
1. Submit a traffic mitigation plan that provides a vehicular connection between
two (2) north-south streets unless LURTC determines that existing
connections are adequate. The Planning Director may approve alternative
traffic circulation enhancements that improve east-west movement of traffic
after considering the recommendations of the LURTC, or may forward the
mitigation plan to the Council for approval if the enhancements comprise a
major subdivision or involve public improvements that require a development
agreement; and
2. Provide enhanced pedestrian improvements in the streetscape zone, which
may include expanded streetscape improvements, arcade, or gallery
measuring at least eight (8) feet in width across the front of the property.
E. No variances or exceptions to height shall be permitted in the FC-2 district by the
Parish Council, or any Parish Board or Commission. Sec. 40-737 of this Code
shall not apply to any building or structure in this district.
Figure 33-3.54.5-1: FC-2 Building Above Podium
Figure 33-3.54.5-2: FC-2 Maximum Building Height
Sec. 33-3.54.6. Openings.
A. On the ground floor of non-residential uses, the following standards shall apply.
1. A minimum of sixty (60) percent of each street-facing building façade between
the elevations of two (2) feet and ten (10) feet above the first finished floor
shall be comprised of doors or transparent windows providing a view of the
area within three (3) feet of the opening.
2. Transparent shall mean that the window is constructed of non-reflective,
clear, or lightly tinted glass. Non-reflective opaque glass and darkly tinted
glass are not considered to be transparent and are prohibited.
3. The Planning Director may approve the use of decorative or stained glass, or
the use of material allowed for above-ground floors if a retail use
demonstrates that this material is necessary for additional display space or is
located within a building that is set back a minimum of twenty (20) feet from
the public right-of-way and does not detract from the design of the façade.
B On upper or above-ground floors, the following standards shall apply:
1. A minimum of twenty (20) percent of the street-facing walls of all structures,
including parking garages, above the first floor shall be comprised of
windows, or, for parking structures, other openings approved by the planning
director.
2. Windows may be constructed of spandrel; mirrored, frosted, or decorative
glass; or glass block.
3. Openings shall be horizontally aligned with openings on adjacent buildings
and vertically aligned, or proportionate with openings on the ground floor of
the building.
C. Calculations for openings and window transparency shall be independently
computed for and applied to each street-facing building façade and shall not
include building facades that are both visible from and perpendicular to a street
(See Figure 33-3.53.6-1.)
D. The Planning Director may adjust opening requirements for buildings elevated to
meet or exceed base flood elevation (BFE) by the minimum amount needed to
accommodate BFE.
Sec. 33-3.54.7. Entries.
Non-residential uses must have a primary entrance door facing each abutting
street. For buildings facing two (2) streets, a corner entrance door shall be allowed.
Sec. 33-3.54.8. Garage doors/loading docks.
No garage door or loading dock shall face a public street except as authorized
pursuant to Section 33-3.60 of this UDC. The Planning Director may approve a
garage door for a restaurant with an outdoor seating area if a minimum of seventyfive (75) percent of the garage door is comprised of windows constructed of nonreflective clear or lightly tinted transparent glass.
Sec. 33-3.54.9.Building materials.
Building facades shall comply with the following standards for materials:
A. At least eighty (80) percent of each building façade visible from the street,
excluding window and door area, shall be clad in brick, stone, stucco, textured
masonry, wood, or architectural pre-cast concrete. This requirement shall be
independently computed for and applied to each building façade.
B. Applicable facades shall include street-facing building facades and facades both
visible from and perpendicular to the street (See Figure 33-3.5(a)-2), subject to
the following conditions:
1. When the façade of a new building or addition to an existing building is both
visible from and perpendicular to the street, the entire façade area shall
comply with these requirements for exterior wall materials; however this
façade is not required to be clad in material identical to the front façade.
2. The facades perpendicular to the street of an existing building shall be
maintained in a condition consistent with that of the front façade, and shall
comply with all Parish property maintenance codes.
C. At the request of the applicant through the site plan review process, the Planning
Director, upon consideration of LURTC comments, may approve the use of
alternative building materials with the exception of the following prohibited
building materials:
1. Plain concrete block
2. Exposed aggregate (rough finish) concrete wall panels
3. Exterior insulating finish systems (EIFS) or synthetic stucco
4. Plastic
5. Vinyl
6. Metal with exposed fasteners
Sec. 33-3.54.10. Fences.
A. Wood fences, ornamental fences, or fences of substantially similar appearance
not to exceed eight (8) feet in height may be erected along interior side or rear lot
lines, around side or rear yards, or in a side or rear yard when placed behind or
in alignment with the front building line, or the side building line on a corner lot,
and connecting the building with a fence on or along a side or a rear lot line,
subject to the following provisions:
1. Front yards shall not be fenced, except an ornamental fence not taller than
forty-two (42) inches measured from sidewalk elevation may be used to
enclose allowed customer areas along street frontages.
2. Fences facing streets shall be constructed of wrought or cast metal or a
similar durable material approved by the Planning Director, and may include a
masonry wall of a maximum height of two and one-half (2.5) feet; however, a
fence facing a street that is set back at least twenty (20) feet from the front
property line, or side property line in the case of a corner lot, may be
constructed of decorative, capped vertical or horizontal wood board, provided
that all boards are painted, stained, or treated with preservative and are
located on the outside of the posts and facing the street.
B. See Sec. 33-3.56.4(D) for additional regulations concerning fencing for a parking
lot.
Sec. 33-3.54.11. Sidewalks.
In accordance with the Fat City Street Improvements Plan in the appendix of this
UDC, a streetscape zone, consisting of an ADA and Parish compliant pedestrian
zone, including a sidewalk,, as well as a furniture zone with the required
landscaping, shall be provided. Street lights or other street furniture to parish
specifications may be required in the furniture zone as determined during site plan
review. For purposes of this section and any other references to streets without
specific cross sections in the Fat City Street Improvements Plan, those streets shall
comply with the standards for the Edenborn and Hessmer street sections. When all
or a portion of the streetscape zone are located on private property, on-street
parking provided shall be counted towards minimum parking requirements; each
space with at least fifty (50) percent of its length or width along the curb line being
located between the side property lines shall be counted.
Sec. 33-3.54.12. Signs.
Signs shall be established in accordance with the following conditions:
A. Generally. The General Sign Regulations of Chapter 40 of this Code shall apply
for any standards that are not provided in this section.
B. Wall, awning, projecting, or hanging. Each business having a direct entry to a
sidewalk or exterior walkway at ground level may have one (1) wall, awning,
projecting, or hanging sign attached to the building, subject to the following
conditions:
1. A wall sign shall not be larger than twenty (20) square feet, except a wall sign
on a building set back at least twenty (20) feet from a public street and
constructed before the adoption of Ordinance No. 23881 on September 22,
2010, shall not be larger than fifty (50) square feet.
2. A projecting or awning sign shall not be larger than twenty (20) square feet
and shall be located at least eight (8) feet above ground level measured from
the bottom of the sign or awning to the surface of the sidewalk or exterior
walkway. Projecting signs shall not extend more than four (4) feet from the
building façade, except that where lots do not abut 17th or 18th street a
projecting sign may extend up to ten (10) feet from a building but not beyond
the pedestrian zone.
3. Instead of a projecting sign, a hanging sign limited in area to six (6) square
feet shall be allowed hanging from the underside of a balcony or arcade as an
accessory sign and shall not be included in computation of sign area.
Hanging signs must be located at least eight (8) feet above ground level
measured from the bottom of the sign to the surface of the sidewalk or
exterior walkway.
C. Window. Window signs may be etched in the glass or hung inside the building,
provided that no window sign shall occupy more than twenty-five (25) percent of
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a window opening. Any sign etched into, applied to, or hung within four (4) feet
of the inside pane of a window shall be considered a window sign.
Building directory. For buildings with multiple businesses lacking direct entry
from a sidewalk or exterior walkway at ground level, a single building directory
sign not larger than six (6) square feet in area may be attached to a wall within
eight (8) feet of the building’s primary entry.
Address and building name. Addresses shall comply with Chapter 8 of this Code
and shall not be considered part of a sign unless the address is a portion of a
business name. The name of a building may be built into or attached to the wall
of the building or may be a part of the monument sign, but not both wall and
monument, and shall not exceed eight (8) square feet in area, which shall not be
included in computation of sign area.
Directional. Directional signs, limited in area to six (6) square feet each, giving
directions to motorists, bicyclists, or pedestrians regarding the location of parking
areas, access, or ingress and egress, shall be allowed as accessory signs and
not included in any computation of sign area. A free-standing directional sign
shall not exceed six (6) feet in height.
Monument. One (1) monument sign is allowed for each development site and
the sign shall not exceed twenty (20) square feet in area and six (6) feet in
height. All monument signs shall be located within a landscape area of one
hundred (100) square feet, except that the planning director may reduce this area
to meet requirements for parking or clear vision area.
Menu. A single portable menu sign measuring four (4) square feet or less may
be placed in approved courtyards behind the front setback line or in the furniture
or frontage zone for a restaurant or snack bar.
Mural. Upon review by the Planning Department, murals may be allowed on
building walls and masonry fences or enclosures subject to the following criteria:
1. The area of a mural, as defined in Section 33-10.1, shall not be included in
the computation of total sign area. Any portion of a painted or applied sign
containing advertising, commercial messages, or logos shall be considered a
wall sign, and shall be included in the computation of total sign area.
2. A mural shall not extend more than six (6) inches from the surface on which it
is applied, shall not extend beyond the height of the structure on which it is
applied, and shall not include moving or protruding elements.
3. A mural may feature the name of the artist(s) of the mural and date of
completion in the form of a plaque or notation not to exceed the lesser of five
(5) percent of the mural area or six (6) square feet. The plaque or notation
bearing the name of the artist(s) must be located in a lower corner of the
mural area.
4. Murals must be applied in a durable material or paint finish that can withstand
five (5) years of regular wear and weathering.
5. Murals may be externally illuminated, but may not consist of internally
illuminated elements.
6. The regulations for murals shall not conflict with requirements for openings,
and murals shall not obscure required openings.
Prohibited signs. All other sign types, including, but not limited to, off-premise
advertising signs and projector, animated, or electronic variable message signs
are prohibited.
Sign placement. No sign shall be placed upon a balcony, roof, door, or window,
an accessory building, or placed in any manner whatsoever so as to conceal any
window, door, balcony, awning or cornice of a building.
Sign illumination. A wall, projecting, hanging, or window sign may be illuminated
internally, and all signs may be illuminated externally except that a sign shall not
be illuminated both internally and externally. Illumination shall not be aimed,
directed or reflected, focused, or mounted to cause direct light from the luminaire
to be directed toward residential uses or adjoining uses, or to create up light, spill
light, or glare perceptible to persons operating motor vehicles on public ways.
Illumination of the sign face shall not exceed fifty (50) lumens per square foot and
flashing, blinking, or scintillating lights are prohibited.
Sign variances. No variances or exceptions to signs shall be permitted in the
FC-2 district by the Parish Council, or any Parish Board or Commission.
Sec. 33-3.54.13. Outdoor lighting.
Outdoor illumination of any building, seating area, plaza, courtyard, landscaping,
or similar purpose shall not be aimed, directed or reflected, focused, or mounted to
cause direct light from the luminaire to be directed toward residential uses, or to
create up light, spill light, or glare perceptible to persons operating motor vehicles on
public ways. The installation of any mercury-vapor fixture or lamp for use as outdoor
lighting is prohibited. If any luminaire is aimed, directed, reflected, focused, or
mounted to cause direct light from the luminaire to be directed toward residential
uses, or to create up light, spill light, or glare perceptible to persons operating motor
vehicles on public ways, the luminaire shall be redirected or relocated, its height
remounted, or its light output and illumination levels controlled as necessary and
determined by the Department of Inspection and Code Enforcement to eliminate
such conditions.
Sec. 33-3.54.14. Landscaping.
At least one (1) medium tree, in accordance with tree standards on file with the
Planning Department, shall be established for every thirty (30) feet of frontage, or
fraction thereof. Street trees may be located within the right-of-way in accordance
with the provisions of Chapter 37 of this Code. Tree selections shall be consistent
with the planting list in the Planning Department and shall be approved by the
Planning Director after considering LURTC recommendations.
A. The Planning Director may approve the substitution of other permanent
landscaping materials for the trees when an awning, canopy, balcony, or the
upper floors of a building are allowed to project into the landscaping area, or the
location of utilities prevents the planting of trees either on the development site or
within the right-of-way. If no substitution for the trees is appropriate or feasible,
the property owner may provide the monetary value of the required tree(s), as
determined by the Parish Arborist. Payments in lieu of required trees shall be
paid to the Parish Department of Parkways and shall be placed in an account
fund dedicated to the planting or maintenance of trees on public property within
the Fat City zoning districts.
B. The owner, tenant or their agent, if any, shall be jointly and severally responsible
for the maintenance of all landscaping. All required landscaping shall be
maintained in a neat and orderly manner at all times. This shall include mowing,
edging, pruning, fertilizing, watering, weeding and other such activities common
to the maintenance of landscaping. Landscaped areas shall be kept free of
trash, litter, weeds, and other such material or plants not a part of the
landscaping. All plant materials shall be maintained in a healthy and growing
condition as is appropriate for the season of the year. Dead plant materials shall
be replaced with similar healthy plant materials.
Sec. 33-3.54.15. Parking.
Parking shall be provided in accordance with section 33-3.6 of this UDC and
Chapter 40 of this Code. No variances or exceptions to parking shall be permitted in
the FC-2 district by the Parish Council, or any Parish Board or Commission, except
that the Board of Zoning Adjustments may grant a variance for one (1) required
parking space to accommodate a monument sign under the following conditions:
A. Visibility of the monument sign from the roadway is more than fifty (50) percent
obstructed by a vehicle parked in the required parking space, and
B. Due to constraints of the site, no other reasonable location is available for the
monument sign, as determined by the Director of Inspection and Code
Enforcement or the Planning Director, as applicable.
Sec. 33-3.54.16. Loading.
On-site loading zones shall be located behind the front building line and loading
bays shall not face 18th Street. With the exception of postal services, deliveries shall
be limited to 9:00 am to 11:30 am and 1:30 pm to 4:30 pm on weekdays and from
7:30 am to 11:30 am on weekend days and holidays.
Sec. 33-3.54.17. Dumpsters.
Dumpsters shall be located behind the front building line, or side building line on
a corner lot, and be in accordance with all other provisions of Chapter 16 of this
Code, including the hardship provision of those requirements.
Sec. 33-3.54.18. Mechanical equipment.
Mechanical equipment, electrical meter and service components, and similar
utility devices, whether ground level, wall mounted, or roof mounted, shall be
screened from view at the front property line, and side property line on the corner
side if a corner lot. Exterior screening materials shall be the same as the
predominant exterior materials of the principal building. Above-ground public
utilities, with the exception of utility poles, shall be screened by a continuous hedge
of no less than three (3) feet in height if surrounded by at least three (3) feet of
exposed soil or grass. A setback of no less than one and one-half (1½) feet must be
provided around the equipment to allow for proper operation and maintenance of the
equipment.
Sec. 33-3.55. Commercial Mixed Use District (FC-3).
Sec. 33-3.55.1. Purpose.
This district will allow a wider variety of non-residential uses, some of which will
be more automobile-oriented than the uses allowed in the other Fat City districts.
While providing pedestrian amenities and allowing residential uses on upper floors of
buildings, this district will be primarily non-residential in character.
Sec. 33-3.55.2. Authorized uses.
Uses shall be authorized as provided in Sec. 33-3.50 of this UDC.
Sec. 33-3.55.3. Supplemental use regulations.
A. No outdoor storage, display or operations shall be allowed, except outdoor
customer seating for restaurants or snack bars, and in enclosed and screened
rear yard areas.
B. Bars may be allowed as accessory uses to a hotel or restaurant, subject to the
requirements for the FC-1 district established in section 33-3.53.3 of this UDC.
C. Stand-alone bars or drinking places and drive-through alcoholic beverage service
are prohibited and existing stand-alone bars or nightclubs are considered
nonconforming. Nonconforming bars in the FC-3 district are subject to all of the
provisions established for the FC-1 district in Section 33-3.53.3 of this Chapter.
D. Any use including retail sales, food services, or arts, entertainment and
recreation services, that sells, dispenses, or provides for the consumption of
alcoholic beverages shall comply with the applicable provisions established for
the FC-1 district in Section 33-3.53.3 of this Chapter. [2-11-15]
E. Accessory or support buildings and structures customarily incidental to the
primary use shall be allowed on the same lot as the primary use, provided that
the support building or structure is used or operated by the owner or a tenant in
the principle structure, and that the structure or building complies with the
standards established in Section 33-3.60 of this UDC.
F. Mixed-use buildings shall be allowed, provided that no residential units shall be
located on the ground floor. Parking areas shall not be included in floor area
calculations.
G. Any commercial structure in which animals are boarded overnight shall be
located a minimum of one hundred (100) feet measured in a straight line, without
regard to intervening structures, from the closest exterior structural wall of the
structure to the closest property line of the residential zoning district and comply
with the following standards:
1. All areas where animals are housed shall be totally contained within an
interior space of the hospital.
2. There shall be no exercise runs, yards, pens or other facilities for the care or
housing of animals in any exterior space.
3. The structure where animals are kept or housed shall be insulated or
soundproofed, including windows and doors, in order to minimize or reduce
as much as practically possible sounds emanating from within the structure
and shall comply with Chapter 20, of this Code.
4. There shall be no openings facing adjacent residentially zoned property other
than the main entrance to the hospital.
5. There shall be an air ventilation system capable of filtering out objectionable
odors associated with an animal hospital. Such filtered air shall be vented into
the atmosphere above the roofline or parapet.
6. Overnight boarding of animals is permitted for veterinary care and as an
accessory use for non-veterinary purposes, provided that in no case shall the
area used for boarding exceed twenty-five (25) percent of the floor area of the
primary structure.
7. The maximum area of the structure or structures in which the animal hospital
or veterinary clinic is located shall be twenty-five thousand (25,000) square
feet.
8. For animal hospitals and veterinary clinics not meeting the criteria outlined
above due to site related or other hardships, council approval of a special
permitted use pursuant to Chapter 40 of this Code, with the exception of
Section 40-764 of that Chapter,
H. Not more than two (2) service vehicles shall be parked in a required parking
space at any time. All vehicles parked or stored on-site shall be operational and
have current registration and licensing.
I. No outdoor speaker shall be allowed within one hundred (100) feet measured in
a straight line, without regard to intervening structures, from the speaker to the
closest property line of the residential zoning district. All regulations of this Code
regarding noise shall be met. In addition, any public address system located on
site shall be oriented to minimize sound intrusion onto abutting properties.
J. Drive-through restaurants shall be limited to sites having direct access to West
Esplanade Avenue or Severn Avenue.
K. Public utility structures shall comply with the provisions of Section 40-748.
Regulations for public utility structures, and the provisions of this Chapter. For
the purpose of compliance, the FC-3 shall be considered more restrictive than
the BC-2 Business Core District. When the provisions of Section 40-748 and the
provisions of this Chapter are in conflict, the more restrictive shall apply.
L. Clubs, for the purposes of the FC-3 zoning district, shall be defined and subject
to the requirements of the FC-1 district established in Section 33-3.53.3 of this
UDC. [2-11-15]M. Within the FC-3 district, existing residential structures may
be maintained, improved, or expanded by up to twenty (20) percent of floor area.
N. Theaters shall be subject to the requirements of the FC-1 district established in
section 33-3.53.3 of this UDC for theaters; however, standards limiting their
capacity and class size for fine and performing arts education shall not apply in
the FC-3 district.
O. Mobile food services shall comply with the criteria listed in Sec. 33-3.53.3(O).
Sec. 33-3.55.4. Building setbacks.
A. Front. The minimum setback shall be five (5) feet except along West Esplanade
where the minimum setbacks shall be ten (10) feet. The entire setback area
shall be landscaped except for driveway, walkways, or outdoor seating areas.
B. Side. No minimum or maximum, subject to building and fire code requirements.
C. Rear. No minimum or maximum, subject to building and fire code requirements.
D. Exterior side setbacks for corner lots. A minimum of five (5) feet and a maximum
of ten (10) feet.
E. No variances or exceptions to building setbacks shall be permitted in the FC-3
district by the Parish Council, or any Parish Board, or Commission except that
the Planning Director, after considering LURTC comments, may make the
following modifications:
1. The minimum or maximum front or corner lot side setbacks by up to five (5)
feet to facilitate transitions between buildings, establish a more functional
pedestrian environment, or meet requirements for parking, landscaping, or
clear vision area.
2. Setbacks for buildings elevated to meet or exceed base flood elevation (BFE)
by the minimum amount needed to facilitate transitions between raised
buildings and sidewalks or vehicular use areas.
Sec. 33-3.55.5. Maximum building height.
No building or structure shall exceed sixty-five (65) feet, except as provided in
this paragraph. First floor ceiling heights for non-residential uses shall not be less
than fourteen (14) feet nor more than twenty (20) feet. South of 18th Street,
maximum building height may be increased by one (1) foot over sixty-five (65) feet in
height for every one (foot) setback beyond a distance of one hundred (100) feet from
the FC-1 or a residential zoning district, subject to compliance with the following
conditions (see Figure 33-3.55.5-1):
A. The footprint of the portion of the building exceeding sixty-five (65) feet in height
shall not be greater than seventy-five (75) percent of the footprint of the portion of
the building at grade;
B. The portion of the building exceeding sixty-five (65) feet in height shall be set
back at least twenty (20) feet behind the front of the building at grade;
C. The nearest portion of a building exceeding sixty-five (65) feet in height shall be
located at least one hundred (100) feet from the boundaries of the FC-1 zoning
district;
D. Prior to establishing a building taller than sixty-five (65) feet in height, the
applicant shall:
1. Submit a traffic mitigation plan that provides a vehicular connection between
two (2) north-south streets unless LURTC determines that existing
connections are adequate. The Planning Director may approve alternative
traffic circulation enhancements that improve east-west movement of traffic
after considering the recommendations of the LURTC, or may forward the
mitigation plan to the Council for approval if the enhancements comprise a
major subdivision or involve public improvements that require a development
agreement; and
2. Provide enhanced pedestrian improvements in the streetscape zone along
the street, which may include expanded streetscape improvements, arcade,
or gallery measuring at least eight (8) feet in width across the front of the
property.
Figure 33-3.55.5-1: FC-3 Building Height
E. No variances or exceptions to height shall be permitted in the FC-3 district by the
Parish Council, or any Parish Board or Commission. Chapter 40, Sec. 40-737 of
this Code shall not apply to any building or structure in this district.
Sec. 33-3.55.6. Openings.
A. On the ground floor, the following standards shall apply:
1. A minimum of thirty (30) percent of the street facing building façades between
the heights of two (2) feet and ten (10) feet above the first finished floor shall
be comprised of doors or transparent windows that provide a view of the
interior area within three (3) feet of the opening.
2. Transparent shall mean that the window is constructed of non-reflective clear
or lightly tinted glass. Non-reflective opaque glass and darkly tinted glass are
not considered to be transparent and are prohibited.
3. The Planning Director may approve decorative or stained glass or the use of
a material allowed for above-ground floors if a retail use demonstrates that
this material is necessary for additional display space and does not detract
from the design of the facade.
B. On upper or above-ground floors, the following standards shall apply:
1. A minimum of thirty (30) percent of the street-facing walls of all structures,
including parking garages, above the first floor shall be comprised of
windows, or for parking structures other openings approved by the planning
director.
2. Windows may be constructed of spandrel; mirrored, frosted, or decorative
glass; or glass block.
3. Openings shall be horizontally aligned with openings on adjacent buildings,
vertically aligned, or proportionate with openings on the ground floor of the
building.
C. Calculations for openings and window transparency shall be independently
computed for and applied to each street-facing building façade and shall not
include building facades that are both visible from and perpendicular to a street
(See Figure 33-3.53.6-1).
D. The Planning Director may adjust requirements for openings for buildings
elevated to meet or exceed base flood elevation (BFE) by the minimum amount
needed to accommodate BFE.
Sec. 33-3.55.7. Entries.
Buildings must have a customer entrance door facing each abutting street. For
buildings facing two (2) streets, a corner entrance shall be allowed.
Sec. 33-3.55.8. Building materials.
Building facades shall comply with the following standards for materials:
A. At least eighty (80) percent of each building façade visible from the street,
excluding window and door area, shall be clad in brick, stone, stucco, textured
masonry, wood, or architectural pre-cast concrete. This requirement shall be
independently computed for and applied to each building façade.
B. Applicable facades shall include street-facing building facades and facades both
visible from and perpendicular to the street (See Figure 33-3.53.6-1), subject to
the following conditions:
1. When the façade of a new building or addition to an existing building is both
visible from and perpendicular to the street, the entire façade area shall
comply with these requirements for exterior wall materials; however this
façade is not required to be clad in material identical to the front façade.
2. The facades perpendicular to the street of an existing building shall be
maintained in a condition consistent with that of the front façade, and shall
comply with all Parish property maintenance codes.
C. At the request of the applicant through the site plan review process, the Planning
Director, upon consideration of LURTC comments, may approve the use of
alternative building materials with the exception of the following prohibited
building materials:
1. Plain concrete block
2. Exposed aggregate (rough finish) concrete wall panels
3. Exterior insulating finish systems (EIFS) or synthetic stucco
4. Plastic
5. Vinyl
6. Metal with exposed fasteners
Sec. 33-3.55.9. Fences.
A. Wood fences, ornamental fences, or fences of substantially similar appearance
not to exceed eight (8) feet in height may be erected along interior side or rear lot
lines, around side or rear yards, or in a side or rear yard when placed behind or
in alignment with the front building line, or the side building line on a corner lot,
and connecting the building with a fence on or along an interior side or a rear lot
line, subject to the following provisions:
1. Front yards shall not be fenced, except an ornamental fence not taller than
forty-two (42) inches measured from sidewalk elevation may be used to
enclose allowed customer areas along street frontages.
2. Fences facing streets shall be constructed of wrought or cast metal or a
similar durable material approved by the Planning Director, and may include a
masonry wall a maximum height of two and one-half (2.5) feet; however, a
fence facing a street that is set back at least twenty (20) feet from the front
property line, or side property line in the case of a corner lot, may be
constructed of decorative capped vertical or horizontal wood board, provided
that all boards are painted, stained, or treated with preservative and are
located on the outside of the posts and facing the street.
B. Chain link security fencing may be established in side and rear yards that do not
face a street if located behind the front building line and provided that barbed and
razor wire shall not be permitted.
C. See Section 33-3.6(b)(6) for additional regulations concerning fencing for a
parking lot.
Sec. 33-3.55.10. Sidewalks.
In accordance with the Fat City Street Improvements Plan in the Appendix of this
UDC, a streetscape zone shall be provided that contains the pedestrian zone with a
sidewalk complying with ADA standards and Parish specifications, and the furniture
zone with the required landscaping. Street lights or other street furniture to Parish
specifications may be required in the furniture zone as determined during site plan
review. For purposes of this section and any other references to streets without
specific cross sections in the Fat City Street Improvements Plan, those streets shall
comply with the standards for Edenborn and Hessmer street sections. When all or a
portion of the streetscape zone are located on private property, on-street parking
shall be counted towards minimum parking requirements. Each space with at least
fifty (50) percent of its length or width along the curb line being located between the
side property lines shall be counted.
Sec. 33-3.55.11. Signs.
Signs shall be established in accordance with the following conditions:
A. Generally. The General Sign Regulations of Chapter 40 of this Code shall apply
for any standards that are not provided in this Section.
B. Wall, awning, projecting, or hanging. Each business having a direct entry to a
sidewalk or exterior walkway at ground level may have one (1) wall, awning,
projecting, or hanging sign attached to the building, subject to the following
conditions:
1. A wall or projecting sign shall not exceed a total of one and one-half (1.5)
square feet per linear foot of building width along a street frontage per
development site, but shall not exceed one hundred (100) square feet of sign
area; except that for buildings that are ten (10) or more stories, additional wall
signage of five hundred (500) square feet per street frontage shall be allowed
if placed at least one hundred (100) feet above grade. Projecting signs may
extend up to ten (10) feet from a building but not beyond the pedestrian zone.
2. An awning sign shall not be larger than twenty (20) square feet and shall be
located at least eight (8) feet above ground level measured from the bottom of
the sign or awning to the surface of the sidewalk or exterior walkway. Where
an awning sign is used in place of a wall or projecting sign, the awning sign
area shall not exceed the lesser of the allowable wall or projecting sign area,
or forty (40) percent of the vertical area of the awning on which the sign is
located.
3. Instead of a projecting sign, a hanging sign limited in area to six (6) square
feet shall be allowed hanging from the underside of a balcony or arcade as an
accessory sign and shall not be included in computation of sign area.
Hanging signs must be located at least eight (8) feet above ground level
measured from the bottom of the sign to the surface of the sidewalk or
exterior walkway.
4. Businesses located on a corner lot or within a corner unit fronting on Severn
Avenue or West Esplanade Avenue may have a total of two (2) wall, awning,
or projecting signs provided that:
a. The total area of all wall or projecting signs shall not exceed one hundred
fifty (150) percent of the permitted sign area measured along the building
face that contains the main entrance of the business.
b. No more than one (1) wall or projecting sign shall be located on each
street-facing building façade.
c. Neither sign shall exceed one hundred (100) square feet of total sign area.
d. When the main entrance of the building is located on a building corner, the
permitted sign area shall be measured along the building face associated
with the business address.
C. Canopy. One (1) canopy sign not larger than twenty (20) square feet shall be
allowed on each canopy side facing a street.
D. Window. Window signs may be etched in the glass or hung inside the building,
provided that no window sign shall occupy more than twenty-five (25) percent of
a window opening. Any sign etched into, applied to, or hung within four (4) feet
of the inside pane of a window shall be considered a window sign.
E. Building directory. For buildings with multiple businesses lacking direct entry
from a sidewalk or exterior walkway at ground level, a single building directory
F.
G.
H.
I.
J.
K.
L.
M.
sign not larger than six (6) square feet in area may be attached to a wall within
eight (8) feet of the building’s primary entry.
Address and building name. Addresses shall comply with Chapter 8 of this Code
and shall not be considered part of a sign unless the address is a portion of a
business name. The name of a building may be built into or attached to the wall
of the building or may be a part of the monument sign, but not both wall and
monument, and shall not exceed eight (8) square feet in area, which shall not be
included in computation of sign area.
Directional. Directional signs, limited in area to six (6) square feet each, giving
directions to motorists, bicyclists, or pedestrians regarding the location of parking
areas, access, or ingress and egress, shall be allowed as accessory signs and
not included in any computation of sign area. A free-standing directional sign
shall not exceed six (6) feet in height.
Monument.
1. One (1) monument sign not exceeding twelve (12) feet in height and one and
one-half (1.5) square feet per linear foot of street frontage up to a maximum
of one hundred (100) square feet in area per development site shall be
allowed along West Esplanade Avenue. On other streets, monument signs
shall be limited to one (1) sign not exceeding ten (10) feet in height and fifty
(50) square feet in area per development site.
2. As part of a monument sign, an electronic variable message (EVM) sign in
accordance with Section 40-681 of this Code is allowed under the following
conditions:
a. The development site has frontage on and the sign is oriented to traffic on
Severn Avenue or West Esplanade Avenue; and
B. The portion of the sign that employs EVM technology shall have a
maximum area of twenty-five (25) square feet.
3. All monument signs shall be located within a landscape area of one hundred
(100) square feet, except that the Planning Director may reduce this area to
meet requirements for parking or clear vision area.
Menu. A single portable menu sign measuring four (4) square feet or less may
be placed in approved courtyards behind the front setback line or in the furniture
or frontage zone for a restaurant or snack bar.
Mural. Upon review by the Planning Department, murals may be allowed on
building walls and masonry fences or enclosures subject to the following criteria:
1. The area of a mural, as defined in Section 33-10.1, shall not be included in
the computation of total sign area. Any portion of a painted or applied sign
containing advertising, commercial messages, or logos shall be considered a
wall sign, and shall be included in the computation of total sign area.
2. A mural shall not extend more than six (6) inches from the surface on which it
is applied, shall not extend beyond the height of the structure on which it is
applied, and shall not include moving or protruding elements.
3. A mural may feature the name of the artist(s) of the mural and date of
completion in the form of a plaque or notation not to exceed the lesser of five
(5) percent of the mural area or six (6) square feet. The plaque or notation
bearing the name of the artist(s) must be located in a lower corner of the
mural area.
4. Murals must be applied in a durable material or paint finish that can withstand
five (5) years of regular wear and weathering.
5. Murals may be externally illuminated, but may not consist of internally
illuminated elements.
6. The regulations for murals shall not conflict with requirements for openings,
and murals shall not obscure required openings.
Prohibited signs. All other sign types, including, but not limited to, off-premise
advertising signs and projector, animated, or electronic variable message signs,
except as part of an allowed monument sign on Severn Avenue and West
Esplanade Avenue, are prohibited.
Sign placement. No sign shall be placed upon a balcony, roof, door, or window,
an accessory building, or placed in any manner whatsoever so as to conceal any
window, door, balcony, awning or cornice of a building.
Sign illumination. A wall, projecting, hanging, or window sign may be illuminated
internally, and all signs may be illuminated externally except that a sign shall not
be illuminated both internally and externally. Illumination shall not be aimed,
directed or reflected, focused, or mounted to cause direct light from the luminaire
to be directed toward residential uses or adjoining uses, or to create up light, spill
light, or glare perceptible to persons operating motor vehicles on public ways.
Illumination of the sign face shall not exceed fifty (50) lumens per square foot and
flashing, blinking, or scintillating lights are prohibited.
N. Sign variances. No variances or exceptions to signs shall be permitted in the
FC-3 district by the Parish Council, or any Parish Board or Commission.
Sec. 33-3.55.12. Outdoor lighting.
Outdoor illumination of any building, seating area, plaza, courtyard, landscaping,
or similar purpose shall not be aimed, directed or reflected, focused, or mounted to
cause direct light from the luminaire to be directed toward residential uses, or to
create up light, spill light, or glare perceptible to persons operating motor vehicles on
public ways. The installation of any mercury-vapor fixture or lamp for use as outdoor
lighting is prohibited. If any luminaire is aimed, directed, reflected, focused, or
mounted to cause direct light from the luminaire to be directed toward residential
uses, or to create up light, spill light, or glare perceptible to persons operating motor
vehicles on public ways, the luminaire shall be redirected or relocated, its height
remounted, or its light output and illumination levels controlled as necessary and
determined by the Department of Inspection and Code Enforcement to eliminate
such conditions.
Sec. 33-3.55.13.Landscaping.
At least one (1) medium tree, in accordance with tree standards on file with the
Planning Department, shall be established for every thirty (30) feet of frontage, or
fraction thereof. Street trees may be located within the right-of-way in accordance
with the provisions of Chapter 37 of this Code. Tree selections shall be consistent
with the planting list in the Planning Department and shall be approved by the
Planning Director after considering LURTC recommendations.
A. The Planning Director may approve the substitution of other permanent
landscaping materials for the trees when an awning, canopy, balcony, or the
upper floors of a building are allowed to project into the landscaping area, or the
location of utilities prevents the planting of trees either on the development site or
within the right-of-way. If no substitution for the trees is appropriate or feasible,
the property owner may provide the monetary value of the required tree(s), as
determined by the Parish Arborist. Payments in lieu of required trees shall be
paid to the Parish Department of Parkways and shall be placed in an account
fund dedicated to the planting or maintenance of trees on public property within
the Fat City zoning districts.
B. The owner, tenant or their agent, if any, shall be jointly and severally responsible
for the maintenance of all landscaping. All required landscaping shall be
maintained in a neat and orderly manner at all times. This shall include mowing,
edging, pruning, fertilizing, watering, weeding and other such activities common
to the maintenance of landscaping. Landscaped areas shall be kept free of
trash, litter, weeds and other such material or plants not a part of the
landscaping. All plant materials shall be maintained in a healthy and growing
condition as is appropriate for the season of the year. Dead plant materials shall
be replaced with similar healthy plant materials.
Sec. 33-3.55.14. Parking.
Parking shall be provided in accordance with Section 33-3.60 of this UDC. No
variances or exceptions to parking shall be permitted in the FC-3 district by the
Parish Council, or any Parish Agency, Board, or Commission, except that the Board
of Zoning Adjustments may grant a variance for one (1) required parking space to
locate a monument sign under the following conditions:
A. Visibility of the monument sign from the roadway is more than fifty (50) percent
obstructed by a vehicle parked in the required parking space, and
B. Due to constraints of the site, no other reasonable location is available for the
monument sign, as determined by the director of inspection and code
enforcement or the Planning Director, as applicable.
Sec. 33-3.55.15. Loading.
On-site loading zones shall be located behind the front building line and loading
bays shall not face 18th Street. With the exception of postal services, deliveries shall
be limited to 9:00 am to 11:30 am and 1:30 pm to 4:30 pm on weekdays and from
7:30 am to 11:30 am on weekend days and holidays.
Sec. 33-3.55.16. Dumpsters.
Dumpsters shall be located behind the front building line, or the side building line
on a corner lot, and be in accordance with all other provisions of Chapter 16 of this
Code, including the hardship provision of these requirements.
Sec. 33-3.55.17. Mechanical equipment.
Mechanical equipment, electrical meter and service components, and similar
utility devices, whether ground level, wall mounted, or roof mounted, shall be
screened from view at the front property line, and side property line on the corner
side if a corner lot. Exterior screening materials shall be the same as the
predominant exterior materials of the principal building. Above-ground public utilities
with the exception of utility poles shall be screened by a continuous hedge of no less
than three (3) feet in height if surrounded by at least three (3) feet of exposed soil or
grass. A setback of no less than one and one-half (1.5) feet must be provided
around the equipment to allow for proper operation and maintenance of the
equipment.
Sec. 33-3.56. Fat City special zoning district standards
Sec. 33-3.56.1. Mixed use development standards.
The following standards shall apply to mixed use buildings in the Fat City mixed
use districts (FC-1, FC-2 and FC-3). Residential uses shall be prohibited on the first
floor within the FC-1 and FC-3 districts. Non-residential uses in the FC-2 district
shall be limited to the first floor in accordance with district standards. Mixed use
buildings include any structure with a mix of at least two (2) of the following uses in
addition to any other use of the building: office, retail, services, restaurant, lodging or
residential units; and provided that not more than fifty (50) percent of the floor area is
used for restaurants.
A. Separate ingress and egress shall be provided for the residential dwellings and
the non-residential use; however, the residential and non-residential uses may
share a common lobby, hallway, or similar shared space that provides separate
access. For buildings with a common lobby, elevators requiring an electronic or
mechanical pass device shall be considered separate ingress and egress points.
B. The storage, use or sales of hazardous materials as classified in Chapter 13 of
this Code is prohibited.
C. In the FC-2 district, non-residential floor space shall comprise at least eight
hundred (800) square feet or twenty (20) percent of the ground floor area of
mixed use structures, whichever is greater, but not more than fifteen thousand
(15,000) square feet.
D. Subject to zoning district regulations, mixed-use buildings may be used for any
use authorized in the applicable zoning district, including residential units in any
FC district.
Sec. 33-3.56.2. Streets, off-street parking and loading, and clear vision area
regulations generally.
Unless otherwise established below, the requirements of Chapter 40 of this Code
shall apply to each of the Fat City Mixed Use districts (FC-1, FC-2 and FC-3).
Sec. 33-3.56.3. Streets.
A. Roll over curbs prohibited. Roll-over curbs are prohibited except when not
opposed by the Department of Public Works to facilitate emergency and large
vehicle turning movements.
B. On-street parking. Along Fat City streets, on-street parking or additional right-ofway or sidewalk widths may be approved by the Planning Director if, after
considering the LURTC recommendations, the Planning Director finds that
adequate servitudes or rights-of-way are dedicated, that the modification covers
not less than one-half (0.5) the length of a block, that the modification will not
create a discontinuous pedestrian zone, and that the on-street parking will not
create excessive burdens for the Parish.
Sec. 33-3.56.4. Off-street parking and loading.
A. Residential parking. At least eighty (80) percent of required parking for
residential units in a mixed use building shall be reserved by signage for
residents and located on the same development site as the mixed use building or
on an abutting lot in accordance with the shared parking provisions of this UDC.
B. Number of required spaces. Except as follows, parking spaces shall be provided
in accordance with Chapter 40 of this Code.
1. Residential units:
a. One (1) space for efficiency and one (1) bedroom units.
b. One and one-half (1.5) spaces for two (2) bedroom units.
c. Two (2) spaces for three (3) or more bedroom units.
2. Mixed use buildings. One space per four hundred (400) square feet of nonresidential floor area plus the required parking for residential units listed in
paragraph 1. above.
C. Shared parking.
1. Generally. Parking spaces required under this Section may be provided
cooperatively for two or more uses in a development or for two or more
individual uses, subject to the requirements of this Section. The Department
of Inspection and Code Enforcement will maintain all records of cooperative
parking agreements.2. .Cooperative or off-site parking. Off-street parking
requirements of a given use may be met with off-site, off-street parking
facilities of another use or on an off-site parking facility when and if all of the
following conditions are met:
a. The off-site, off-street parking facilities are within six hundred (600) feet of
the property;
b. The parking demands of the individual uses, based upon minimum offstreet parking requirements, are such that the total parking demand of all
the uses at any one time is less than or equal to the total parking spaces
required;
c. A written agreement between the owners and lessees is executed for a
minimum of twenty (20) years, approved by the parish attorney as
provided herein. The agreement shall be recorded and a copy maintained
in the project file. Should the lease expire or otherwise terminate, any and
all approvals shall be subject to revocation. Continuation or expansion of
the use shall be prohibited unless the use is brought into compliance with
the parking regulations of this Section;
d. The owners of all parking areas subject to the cooperative parking
agreement shall provide signed affidavits that the spaces are not
encumbered by other uses or agreements and that the spaces will be
retained pursuant to the agreement;
e. Cross access agreements shall be provided between abutting parking lots.
The off-site parking areas shall be connected to the use they serve by a
continuous sidewalk or other pedestrian connection approved by the
Planning Director after considering comments from LURTC;
f. An application for approval of a cooperative parking plan involving site
plan approval shall be filed with the Planning Director. An application not
requiring site plan approval shall be filed with the Director of Inspection
and Code Enforcement. Applications shall be signed by the owners of all
parcels to be included within the cooperative parking plan, the owner or
owners of all structures then existing on such land area, and all parties
having a legal interest in such land area and structures. Sufficient
evidence to establish the status of applicants as owners of parties in
interest shall be provided. The application shall include plans showing the
location of the uses or structures for which off-street parking facilities are
required, the location of the off-street parking facilities, and the schedule
of times used by those sharing parking in common;
g. Reference to the recorded agreement for off-site parking shall be
documented on the site plan;
h. Pursuant to the same procedure and subject to the same limitations and
requirements by which the cooperative parking plan was approved and
registered, any such plan may be amended or withdrawn, either partially
or completely, if all land and structures remaining under such plan comply
with all the conditions and limitations of the plan, and all land and
structures withdrawn from such plan comply with the regulations of this
Section; and
i. The owner of the off-site parking area shall provide annual affidavits to the
Director of Inspection and Code Enforcement stating that the off-site
parking agreement is valid and no change in use of the affected properties
has occurred.
3. Shared parking calculation. A mix of uses may reduce the amount of required
parking in accordance with the following methodology subject to parking
location requirement:
a. Determine the minimum parking requirements in accordance with Table
33-3.56.4-1 for each land use as if it were a separate use;
b. Multiply each amount by the corresponding percentages for each of the
five (5) time periods set forth in Columns (B) through (F) of Table 333.56.4-1;
c. Calculate the total for each time period; and
d. Select the total with the highest value as the required minimum number of
parking spaces.
Table 33-3.56.4-1: Shared Parking Standards
Weekday
Weekend
(A) Land Use (B)
Daytime
(9 AM –
4 PM)
(C)
Evening
(6 PM –
midnight)
(D)
Daytime
(9 AM – 4
PM)
(E)
Evenings
(6 PM –
midnight)
(F)
Nighttime
(Midnight –
6 PM)
Office/
industrial
100%
10%
19%
5%
5%
Retail
60%
90%
100%
70%
5%
Hotel
75%
100%
75%
100%
75%
Restaurant
50%
100%
100%
100%
10%
Entertainmen
t/ commercial
40%
100%
80%
100%
10%
Residential
70%
100%
80%
100%
100%
D. Parking location and design. When provided on the development site, required
parking shall be located behind the front building line.
1. Parking lots shall be set back at least five (5) feet from the public street right
of way, build to line, or pedestrian zone. If wheel stops are used, this area
shall be increased to seven (7) feet to accommodate the overhang.
a. This setback area shall comply with one (1) of the following screening
options:
(1) One-hundred percent (100%) landscaping meeting the landscaping
requirements for parking lot setbacks.
(2) A wrought or cast metal fence between the heights of three (3) and
one-half (3.5) feet and seven (7) feet maximum with required
landscaping.
(3) An opaque masonry wall no higher than three and one-half (3.5) feet in
height with required landscaping.(4) A combination of wrought or cast
metal and masonry between the heights of three and one-half (3.5)
feet and seven (7) feet maximum with required landscaping. The
masonry portion shall not exceed fifty percent (50%) of the overall
height of the fence.
b. Required landscaping for parking lot setbacks shall comprise a
combination of the following materials to be determined during site plan
review:
(1) One medium or two small trees for every thirty (30) linear feet or
portion thereof;
(2) A single hedge row with one shrub every thirty-six (36) inches on
center spaced linearly. The shrubs must measure a minimum of
twenty-four inches at planting and a minimum of thirty (30) inches to a
maximum of thirty-six inches in height at maturity;
(3) A minimum of forty (40) square feet as annuals, perennials,
ornamental grasses, or any combination thereof;
(4) Groundcover; lawn or turf.
2. Double-loaded multi-aisle parking lots shall contain planting strips that
separate parking bays. Each planting strip shall be a minimum of seven (7)
feet wide and shall include end cap islands a minimum of three and one-half
(3.5) feet wide and two (2) parking spaces long. The planting strip shall
contain continuous ground cover and one (1) tree every thirty (30) feet or
fraction thereof. Trees planted in interior planting strips may be a species that
are easily transplantable such as palm or other varieties adapted to zone 9
climate ranges as well as small to medium ornamental trees of this climate
zone.
3. Small to medium shade trees are encouraged on provided perimeter buffer
strips and interior parking islands when a surface parking lot is accessory to a
building on the lot.
E. Parking abutting residences. Where a parking lot abuts a residential or mixeduse building with residences, one (1) large tree, in accordance with tree
standards on file with the planning department, shall be planted every thirty-five
(35) feet, or fraction thereof, or one (1) medium tree shall be planted every
twenty (20) feet, or fraction thereof, along the common property line in a
continuous planting strip that measures at least five (5) feet in width.
Additionally, an opaque seven (7) feet high masonry, vinyl or wood fence shall be
provided along the common property line. Tree selections shall be consistent
with the planting list in the planning department and shall be approved by the
planning director after considering LURTC recommendations.
F. Parking structures.
1. Parking within or under a structure shall be considered a parking structure
and subject to the provisions of this Section (8). Parking structures in the FC1 and FC-3 districts shall have retail, service or restaurant uses with a
minimum depth of thirty (30) feet along the ground floor of all buildings within
fifty (50) feet of a street intersection. Along 17th and 18th Streets, parking
may be located behind a ground floor building façade in segments of up to
one hundred (100) linear feet and shall meet the FC-1 district standards for
openings and building materials. When one or more segments of parking
structures are established along a block face on 17th or 18th Street without a
ground floor use other than the parking between the sidewalk and structured
parking, the segments shall be separated by a building entrance foyer
measuring at least twenty-five (25) feet wide and at least twenty (20) feet
deep (including space for elevators and steps). 2. Garage entries shall not
be more than twenty-four (24) feet in width and shall be located at least fifty
(50) feet from the projected intersection of curb lines of any street
intersection. Garage entries shall be open or secured by decorative garage
doors or security gates that complement the building’s architecture.
3. Building design and materials. Parking structures shall comply with building
material and other building design requirements for the applicable district.
4. Design of upper floors. No less than forty (40) percent of the upper floors of
any parking garage wall facing a public right-of-way shall consist of exposed
openings. All parking structures shall have a minimum forty-two (42) inch tall
wall to screen headlights. The opening shall be designed with one or more of
the following treatments, shown below:
a. Landscaped opening. Planter boxes shall be installed into the openings
(see Figure 33-3.56.4-1). Planter boxes shall be maintained with live
plants and automatic irrigation systems. A lattice may be installed to
cover the opening.
Figure 33-3.56.4-1: Landscaped Opening
*
*
*
b. Windowed opening. The openings shall be framed and mullions added to
give the appearance of large windows (see Figure 33-3.56.4-2).
Figure 33-3.56.4-2: Windowed Opening
*
*
*
G. Parking mitigation.
1. Purpose. The Parish finds that adequate parking is important for the economic
success of Fat City.
Many properties in Fat City will be unable to
accommodate required parking due to their smaller lot size. Dispersing
parking off-site in a way that serves multiple properties provides a more
efficient, cost-effective, and sustainable way to serve Fat City’s parking needs.
The Parish finds that, at the time of new development, redevelopment or
change of use requiring site plan approval, a proportionate capital contribution
to construct additional public parking is a fair and equitable method of
apportioning the cost of such additional parking among all property within the
FC districts without unreasonably burdening vacant lands or existing
development that is not undergoing new development, redevelopment or
change of use. Accordingly, this sub-section allows property owners to
substitute payments toward off-site parking for on-site parking.
2. Mitigation authorized. Required parking spaces for non-residential uses may
be mitigated through pro-rata contributions to the Fat City Parking Mitigation
Fund. The amount of parking mitigated through this Section shall not exceed
the amounts in Table 33-3.56.4-2. Mitigation is not allowed for residential
uses.
Table 33-3.56.4-2: Maximum Percentage of Parking Subject to Mitigation
*
*
*
3. Amount. Pro rata contributions shall be based on the capital costs of
providing parking spaces in parking structures. The per-stall fee shall be
eighteen thousand four hundred dollars ($18,400.00) in 2010 dollars and shall
be adjusted annually in November of each year based on the “Engineering
News Record” Construction Cost Index 20-City average ((ENR CCI) for
November. The actual fee-in-lieu amount shall be established at the time of
payment and approved by the Parish Attorney.
4. Payment. No certificate of completion shall be issued until complete payment
has been received by the Parish or the Parish Council has:
a. Approved an agreement providing for a phased payment plan. In no case
shall payments be deferred for more than two (2) years;
b. Approved an agreement providing for the deferred construction or
occupancy of floor space for which parking has not been mitigated; or
c. Approved other arrangements providing for required parking to serve the
proposed use within twelve (12) months of the application. In no case
shall arrangements include a parking variance.
5. Parking fund created. The Parish shall contribute the payments to a parking
fund specifically set aside to provide public parking serving the FC Districts.
All monies received as fees imposed by this Section shall be deposited and
held, together with interest thereon, in a public parking mitigation fund hereby
created, and shall be expended from that fund only for the purpose of creating
new public parking. The cost of creating public parking shall include all costs
related to land acquisition, design, permitting, drainage, mitigation, and
construction of lighted and paved public parking, including engineering, legal,
consulting and internal overhead costs.
6. Credits. The imposition or payment of any such payments does not bar the
subsequent imposition of any special assessment upon the new
development, redevelopment or change of use of any premises for which
such fees have been previously imposed or paid. However, any special
assessment for similar or like purposes takes into consideration such prior
imposition and payment and provides the then current owner of the premises
with an equitable credit for the fee actually paid for such similar or like
purposes.
7. All proposed parking mitigation contributions shall be approved by the Parish
Attorney and shall be placed in the Parking Mitigation Fund which shall be
used exclusively to establish parking to serve non-residential uses in the Fat
City overlay zoning districts.
8. The moneys in the parking fund may be allowed to accumulate from year to
year until the Parish Council determines to expend the moneys in the fund for
the purposes specified.
9. The payments shall be expended in all cases within five (5) years of
collection. Any payment not expended shall be refunded to the property
owner of record at the time of the refund.
H. Nonconforming parking. Where a change in use of an existing structure to a
non-residential use is being requested and that new use increases parking
requirements, the applicant may request the director of inspection and code
enforcement to authorize the reduction in the required number of on-site parking
spaces subject to the applicant’s voluntary mitigation of the parking deficiency in
accordance with paragraph G of this Section.
Sec. 33-3.56.5. Clear vision areas.
Clear vision areas shall be provided in accordance with Section 40-665 of this
Code.
Sec. 33-3.56.6. Accessory or support structures and buildings standards.
The following standards shall apply to accessory or support structures and
buildings in each of the Fat City mixed use districts (FC-1, FC-2 and FC-3).
A. No accessory or support building or structure shall be located any closer to the
side street than the principal building.
B. Service bays and drives, trash receptacles and dumpster areas, and accessory
or support buildings and structures shall not be located on the same side of the
development site as residential development or structures unless a continuous
fully landscaped buffer strip is located between the service area and the common
lot line of the residential development or structures, and shall consist of a
minimum width of five (5) feet. One (1) large tree, as defined in the Fat City
Street Improvements Plan, shall be provided for every thirty-five (35) feet, or
fraction thereof, or one (1) medium tree, as defined in the street improvement
plan, shall be provided for every twenty (20) feet, or fraction thereof, of the buffer
strip. Additionally, an opaque seven (7)-foot-high masonry, vinyl or wood fence
shall be provided along the common property line. Tree selections shall be
consistent with the planting list in the Fat City Street Improvements Plan and
shall be approved by the Planning Director after considering LURTC comments.
A larger buffer strip area planted with additional shrubs and groundcover may be
required, depending on the size and intensity of the service area.
C. All dumpsters and dumpster areas shall comply with the requirements of Chapter
16 of this Code. In situations where the regulations of that Chapter and the
regulations of this Article are in conflict, the more restrictive shall apply.
D. Any part of an accessory or support building visible from street right-of-way that
is not screened by fencing or landscaping that meets the district requirements
shall be constructed of the same materials as the principal building.
E. Any part of an accessory or support structure that is not a building, other than
playground equipment accessory to permitted uses in the FC districts, or those
structures used for drive-up service (e.g. gas pumps, vacuum stations and
ATMs) visible from street right-of-way shall be screened by a fence with a
minimum height of seven (7) feet and consisting of wood, brick or masonry.
Sec. 33-3.56.7. Mixed use development approval process.
A. Site plan required. On any lot within the FC-1, FC-2 or FC-3 zoning district, a
site plan demonstrating compliance with applicable zoning requirements shall be
submitted to the Planning Department for action prior to the issuance of a
building permit or certificate of use and occupancy for development as
applicable. The complete site plan application shall be reviewed and acted upon
in accordance with Sec. 33-2.25. Prior to acting on the site plan application, the
Planning Director shall submit the site plan to the LURTC for review and
recommendations.
B. Site plan review not required. The following activities shall not be subject to site
plan review by the Planning Department:
1. Interior renovations;
2. Any routine exterior maintenance as determined by the Department of
Inspection and Code Enforcement, including excavating, filling, or grading;
3. Change of use that does not increase required parking.
4. Sign permits for signs meeting all requirements of the applicable Fat City
zoning district.
C. Site plan contents. In addition to the contents established in Sec. 33-2.25 of this
UDC, the site plan for any building taller than sixty-five (65) feet or larger than
forty thousand (40,000) square feet shall include a traffic impact analysis and
traffic mitigation plan in accordance with Sec. 33-7.5.10 of this UDC. Signage
plans must be submitted with all site plan applications.
D. Additions and renovations.
1. Additions or exterior renovations of existing buildings shall result in greater
compliance with the FC-1, FC-2 or FC-3 regulations to the maximum extent
practical given the type and extent of the addition or exterior renovation and
the constraints of the site.
2. For additions that require site plan approval, the application shall demonstrate
compliance with the provisions of the applicable FC district requirements for
the addition.
3. For renovations that require site plan approval, and changes of use that
increase the parking requirement, the application shall demonstrate
compliance with applicable FC district requirements to the greatest extent
practical as determined by the Planning Director after considering LURTC
comments.
4. Subject to LURTC comments, the Planning Director may approve the
following deviations for additions and renovations:
a. If existing signs are non-conforming because they exceed width, height or
area dimensions by ten (10) percent or less, the sign may be reused;
b. Relocation of streetscape plantings and temporary realignment of
sidewalks to accommodate existing structures. In cases where head-in
parking is the only option for providing parking to enable the reuse of a
site, head-in parking may be approved if a sidewalk and servitude, if
necessary, are provided to establish a continuous walkway and clear
vision is not compromised; and
c. Minimum or maximum setbacks may be modified where any additions bring
the project into greater conformity with the applicable district standards.5.
Existing impervious surfaces shall be removed and replaced with pervious
surfaces or landscaping as determined by the Planning Director, where the
impervious surface is not needed to meet parking or pedestrian circulation
requirements and is not completely obstructed from view of a public right-ofway by a building gate.
Sec. 33-3.56.8. Variances.
A. All requests for variances from the standards of these regulations shall be
submitted to the Planning Director, and after review by LURTC shall be heard by
the Board of Zoning Adjustments (BZA) in accordance with the procedures set
forth in Chapter 40 of this Code provided the following additional criteria are met:
1. The variance is consistent with the general provisions and intent of the zoning
district.
2. The variance is harmonious and compatible with adjacent land uses.
3. Special conditions and circumstances exist that are peculiar to land,
structures or buildings which are not applicable to other land, structures or
buildings in the same district and which a site related hardship can be
demonstrated.
4. The need for the variance was not created by the applicant;
5. The variance is the minimum amount needed to relieve a hardship that is
unique to the property; and
6. The variance does not grant relief to height, building setbacks, parking
requirements, or sign requirements in any of the FC zoning districts, except
as provided for parking related to the location of monument signs in the FC-1,
FC-2 and FC-3 districts.
B. Variances may be granted by the Board of Zoning Adjustments for the following
design factors in the FC-1, FC-2 and FC-3 zoning districts:
1. One (1) parking space for a monument sign; however, the variance shall be
applicable only to the approved site plan for which the variance was originally
granted and subsequent amendments thereto; a new site plan request shall
require a new variance request.
2. Dimensions of openings, entries, and garage doors;
3. Parking lot buffering excluding the required screening along the setback
closest to the street; and
4. The location and screening of mechanical equipment.
Sec. 33-3.56.9. Development agreements.
In the FC zoning districts, development agreements may be used to phase or
mitigate parking, streetscape improvements, or other public improvements; to phase
large-scale development projects; or to coordinate joint public/private development
projects. However, development agreements in FC zoning districts shall not be
used to provide relief from compliance with FC zoning district use or design
standards.
Sec. 33-3.56.10. Amortization of signs.
The following regulations and amortization provisions shall apply to each of the
Fat City Mixed Use Districts (FC-1, FC-2 and FC-3):
A. Findings and purpose:
1. The Parish Council finds that nonconforming signs that do not conform with
the provisions of the FC-1, FC-2 and FC-3 district, as applicable, threaten the
public health, safety and welfare because they:
1. Create traffic safety hazards;
2. Create pedestrian safety hazards;
3. Decrease property values;
4. Increase the potential for blight; and/or
5. Discourage reinvestment in residential and nonresidential property that is
essential to for the implementation of the Strategic Implementation Plan.
2. The purposes of this Chapter are to:
1. Recognize that the eventual elimination of existing signs that are not in
conformity with the provisions of this Section is as important as is the
prohibition of new signs that would violate these regulations.
2. Establish a fair and equitable process for the elimination of nonconforming
signs that will facilitate implementation of the Strategic Implementation
Plan.
B. Immediate removal of certain signs. The following nonconforming signs shall be
removed immediately:
1. Any sign not established as a legal nonconforming sign prior to the adoption
of these regulations;
2. Any sign erected or maintained upon any parish highway, right-of-way,
servitude, street, public building or Parish property without a resolution from
the Parish Council authorizing such sign or for which the resolution is not
posted in a visible location on the premises;
3. Any sign now or hereafter existing which no longer advertises a bona fide
business conducted, or a product sold, on the premises where such sign is
located.
C. Limits on nonconforming signs.
1. Change of business or use. Any single-use nonconforming sign advertising,
identifying, or pertaining to a business on the premises on which it is located
shall be removed upon any change in the business name or change in the
use advertised by the sign.
A multi-tenant nonconforming sign that
advertises, identifies, or pertains to more than one business or use located on
the premises, may remain until December 31, 2015 if the change is the
replacement of a sign face for a change in the business name or use, is not
the replacement, alteration, extension, or enlargement of the sign structure,
and does not increase sign height, width, depth or area.
2. A nonconforming sign may not be:
a. Changed to another nonconforming sign;
b. Structurally altered to extend its useful life;
c. Expanded in height, width, depth or weight;
d. Reestablished after a business is discontinued for sixty (60) days;
e. Reestablished after damage or destruction of more than fifty (50) percent
of its value, as determined by the Director of Inspections and Code
Enforcement.
3. No new sign shall be approved for a site, structure, building or use that
contains nonconforming signs unless such nonconforming signs are removed
or modified to conform with the provisions of this Article.
4. Nothing in this Section shall be interpreted to exclude routine maintenance,
repair, or renovation which does not extend, increase, or enlarge the
nonconforming sign.
5. No building permit shall be issued for any structures, building expansions or
new building construction on a site which contains nonconforming signs,
unless all signs on the site are brought into conformance with this title. This
does not include interior alterations which do not substantially change the
character or intensity of the site.
D. Amortization. Legally nonconforming signs erected prior to the effective date of
this ordinance may continue to be maintained until December 31, 2015.
Thereafter, unless such signs conform to the provisions of this Article, they shall
be removed.
1. Signs that are nonconforming due to exceeding the permitted height, width or
area by ten (10) percent or less shall not be subject to removal under this
Section.
2. Signs approved after September 22, 2010, when Ordinance No. 23881 was
approved by Parish Council, prior to any subsequent amendment shall not be
subject to removal under this Section.
E. A determination of sign conformance shall be provided by the Department of
Inspection and Code Enforcement.
F. Removal. Nonconforming signs that require removal under the regulations in
this Section shall be taken down, or removed by the owner, agent or person
having the beneficial use of the building or structure upon which such sign may
be found within sixty (60) days after written notification from the Department of
Inspection and Code Enforcement and, upon failure to comply with such notice or
file an appeal within the time specified in such order, the Department of
Inspection and Code Enforcement is hereby authorized to cause removal of such
sign and collect the cost, therefore, in accordance with Article III, Chapter 19 of
this Code.
Sec. 33-3.57. Accessory uses (reserved).
Sec. 33-3.58. Unrestricted Suburban (U-1S) (reserved).
Sec. 33-3.59. Unrestricted Rural (U-1R)
See Chapter 40, Article XXXIV of this Code.
Sec. 33-3.60. Reserved.
Sec. 33-3.61. Reserved.
Sec. 33-3.62. Reserved.
Sec. 33-3.63. Reserved.
Sec. 33-3.64. Reserved.
DIVISION 4. OVERLAY ZONING DISTRICTS
Sec. 33-3.65. Old Metairie Neighborhood Conservation District (OMNCD).
See Chapter 40, Article X of this Code.
Sec. 33-3.66. Metairie Ridge Tree Preservation District (MRTPD).
See Chapter 40, Article X.5 of this Code
Sec. 33-3.67. Commercial Parkway Pedestrian (CPZ-Ped) (reserved).
Sec. 33-3.68. Commercial Parkway Overlay Zone (CPZ).
See Chapter 40, Article XXVI of this Code
Sec. 33-3.69. Fairfield Overlay (FOD) (reserved).
Sec. 33-3.70. Reserved.
Sec. 33-3.71. Reserved.
Sec. 33-3.72. Reserved.
Sec. 33-3.73. Reserved.
Sec. 33-3.74. Reserved.
DIVISION 5. FLOATING ZONES
Sec. 33-3.75. Gaming and Entertainment (GED).
See Chapter 40, Article XXVII of this Code.
Sec. 33-3.76. Penal and Criminal Correctional Institution (P-1)
See Chapter 40, Article XXXIII of this Code.
Sec. 33-3.77. Planned Development (reserved).
Sec. 33-3.78. Reserved.
Sec. 33-3.79. Reserved.
DIVISION 6. FLEXIBLE ZONING (reserved)
SECTION IV. That Chapter 33, Unified Development Code, Article 4. NonConforming Situations is hereby amended by renaming it as Article 4. Non-Conforming
Situations/Vested Rights, creating two divisions, and adding provisions to read as
follows:
Sec. 33-4.1. Purpose (reserved).
DIVISION 1. NONCONFORMITIES
See Chapter 40, Article XXXVII of this Code.
Sec. 33-4.2. Continuation/ Completion of Non-Conforming Projects (reserved).
Sec. 33-4.3. Non-Conforming Lots of Record and Uses (reserved).
Sec. 33-4.4. Expansion, Improvement, Restoration and Maintenance of NonConformity (reserved).
Sec. 33-4.5. Certificate of Non-Conformity (reserved).
Sec. 33-4.6. Change in Use (reserved).
Sec. 33-4.7. Non-Conforming Parking (reserved).
Sec. 33-4.8. Non-Conforming Signs (reserved).
Sec. 33-4.9. Abandonment and Discontinuance of Non-Conforming Rights
(reserved).
Sec. 33-4.10. Exceptions (reserved).
Sec. 33-4.11. Reserved.
Sec. 33-4.12. Reserved.
Sec. 33-4.13. Reserved.
Sec. 33-4.14. Reserved.
Sec. 33-4.15. Reserved.
Sec. 33-4.16. Reserved.
Sec. 33-4.17. Reserved.
Sec. 33-4.18. Reserved.
Sec. 33-4.19. Reserved.
DIVISION 2. VESTED RIGHTS
Sec. 33-4.20. Vested rights for new applications.
Sec. 33-4.20.1. Purpose.
To assure applicants that development applications will be processed in
accordance with the rules in effect at the time of submittal of a completed application
unless the Parish Council finds that the change in rules is essential to the protection
of the public health or safety.
Sec. 33-4.20.2. Applicability.
These provisions shall apply to all applications submitted pursuant to and after the
adoption of this UDC.
Sec. 33-4.20.3 Terms.
A. Preliminary application vesting means an application has been found by the
Planning Director to be complete enough to begin processing, but that additional
information will be required before action can be taken on the application.
B. Final application vesting means an application has been found by the Planning
Director to include all information required to act on the application.
Sec. 33-4.20.4. Procedures.
A. The Planning Director shall have three (3) business days from the date an
application is submitted beginning on the next business day after receipt of the
application to determine whether the application meets the minimum
requirements to begin reviewing the application as established in this section. If
the Director finds that these minimum requirements have been met, then the
application shall receive preliminary application vesting status in the LURTC
tracking system with the submittal date indicated as the preliminary application
vesting date. If the Planning Director finds that the application does not meet the
minimum requirements to begin reviewing the application, the application shall be
returned to the applicant with a written list of missing information.
B. If an application does not meet the complete submittal requirements listed in the
appendix of this UDC when initially submitted, the applicant will have a period of
ten (10) days established from the application submittal date in which to
complete the application. The complete application certification date will be
logged into the LURTC tracking system and designated as the final application
vesting certification date.
C. Should the information required for final application vesting not be submitted
within ten (10) days, the application shall be terminated and failure of vesting
shall result. A new application must be submitted.
Sec. 33-4.20.5. Minimum submittal requirements to begin reviewing an
application.
The following information, as applicable to the type of application, must be
submitted before the Planning Director may find that an application is complete to
begin reviewing and receive preliminary application vesting status:
A. Application summary sheet;
B. Ownership affidavit;
C. Campaign contribution disclosure affidavit;
D. Survey;
E. Subdivision plat or plan;
F. Site plan, floor plan, building elevations, landscaping plan, and sign package
including sign details and elevations;
G. Fees.
Sec. 33-4.20.6. Pending rule/ordinance.
If a new rule or ordinance has been adopted by the Council, but does not go into
effect at the time the application was submitted, the applicant's rights vest under the
pending rule or ordinance, and not the rule or ordinance in effect when the
application was submitted.
Sec. 33-4.20.7. Validity.
A. The vesting of a development application assures the applicant that the rules will
not be changed for the processing of the subject development application unless
the Parish Council finds that the change in rules is essential to the protection of
the public health or safety.
B. Vested rights for new applications shall be valid until action is taken on the
application.
C. If the application is approved, the vested rights shall be valid as long as the
approved application is valid and subsequent actions by the applicant meet
established deadlines, are approved by the Parish and do not result in the lapse
or revocation of an approval. If the application is denied by the final decisionmaker the vested rights shall expire upon the later of the date of denial by the
final decision-maker or the failure of an appeal to the final decision, provided that
the appeal is made within thirty (30) days of the final decision.
SECTION XIV. That Chapter 33, Unified Development Code, Article 5.
Supplementary Conditions for Specific Uses is hereby amended by renaming it as
Article 5, Supplemental Conditions, creating two divisions, and adding provisions to
read as follows:
ARTICLE 5. SUPPLEMENTAL CONDITIONS
Sec. 33-5.1. Purpose.
This Article provides supplemental conditions, standards, or criteria for certain uses,
structures, facilities, or alternative forms of development to achieve the following
purposes:
A. Protect surrounding property values and uses:
B. Produce a distinct pattern of development;
C. Protect the public health, safety, and general welfare; and
D. Implement the comprehensive plan.
Sec. 33-5.2. General conditions.
The regulations of this Article shall supplement the requirements of the zoning
district, overlay, if applicable, and other standards of this Code. They are in addition to,
and do not replace, other development standards unless otherwise provided. To the
extent that a conflict exists between a standard in another Article of the UDC or Code
and a standard in this Article, the standard of this Article shall govern unless otherwise
indicated. No conditional use or use subject to supplemental conditions may be
initiated, established, or maintained unless it complies with the standards set forth for
such use in this Article. In some cases, these standards apply to uses allowed by right
in the zoning districts subject to the supplemental standards, as indicated by an “S” in
the applicable use table. In other cases, the supplemental regulations address the
unique challenges of certain uses and structures or the distinct pattern of certain
development whether permitted as a conditional use, as indicated by a “C” in the
applicable use table, or allowed by right in the supplemental use regulations of the
zoning district or overlay.
DIVISION 1. SPECIFIC USE STANDARDS
Sec. 33-5.3. Specific Use Standards.
Sec. 33-5.3.1. Accessory uses in a dwelling.
In the zoning districts listed in Table 33-5.3-1, the following uses may be
established as a subordinate use of a dwelling, clearly incidental to the principal
residential use, and, unless otherwise permitted, conducted in the principal
residential building, subject to the criteria or conditions listed below. A site plan,
floor plan, sign drawing, or elevation drawing, as applicable, shall be required for
these accessory uses, which shall be reviewed in accordance with the applicable
development approval procedure indicated in Tables 33-2.3-1 & 2 and provided in
Article 2 Procedures of this UDC.
Table 33-5.3-1: Development Approval for Accessory Uses in a Dwelling.
Zoning District
Development Approval
Accessory Use
Permitted
Procedure
Ceramic article
R1A, OBM1
Site plan
manufacture
Family day care
R1A, OBM1
Site plan
Hair care
R1A, OBM1
Conditional use
Nursery school
R1A, OBM1
Conditional use
Secondary culinary facility
R1A, OBM1
Conditional use
Sec.33-5.3.1.1. Accessory ceramic article manufacture or similar arts and
crafts.
A. Ceramic articles or similar arts and crafts may only be and accessory use to a
single-family dwelling;
B. The person engaged in the manufacture of ceramic articles or similar arts and
crafts shall furnish to the director of inspection and code enforcement an affidavit
renewable each twelve (12) months stating that such manufacture is in
compliance with the following criteria:
1. No products or services of any kind are sold from the premises;
2. All activities in connection with the manufacture of ceramic articles or similar
arts and crafts are conducted only in an enclosed building;
3. The maximum kiln size is eight (8) cubic feet and maximum electric or gas
consumption intake is fifty thousand (50,000) BTU’s or British Thermal Units;
and
4. No signs of any type are displayed on the premises.
Sec. 33-5.3.1.2. Accessory family day care.
A. As shown on the required site plan, the family day care shall have a play area of
at least one thousand (1,000) square feet, enclosed by a fence with a height of at
least four (4) high but not more than six (6) feet, on the same lot as the principal
residential building;
B. A member of the family residing in the dwelling shall operate the family day care,
and no person not a resident of the premises shall be an employee of the family
day care home; and
C. As shown on the required floor plan, not more than fifteen (15) percent of the
floor area of the dwelling shall be used for the family day care.
Sec. 33-5.3.1.3. Accessory hair care.
A. All accessory hair care services shall be considered conditional uses in all of the
zoning districts in which they are authorized; requests for approval of such
services shall be processed pursuant to Sec. 33-2.24. Conditional use in Article 2
Procedures of this UDC; and the two-year renewal requirement shall apply;
B. At the time of conditional use application, the applicant shall show proof that all
applicable state licenses have been applied for or obtained, and the operator
shall maintain such licenses for the duration of the use;
C. As shown on the required floor plan and building elevation drawing if an exterior
wall sign is provided, the hair care service shall:
1. Not be located in any detached or attached accessory building or structure;
2. Comprise no more than fifteen (15) percent of the total floor area of the
dwelling unit, not to exceed five hundred (500) square feet;
3. Have only one (1) station or main chair; and
4. Not have exterior indication of the hair care service except one (1) flat sign
not to exceed two (2) square feet.
D. Only one (1) family member residing in the dwelling unit shall be employed in the
hair care service;
E. As shown on the required site plan, one (1) off-street parking space shall be
provided for the hair care service in addition to the off-street parking required for
the principal residential use. The additional off-street parking shall be located on
the same lot as the building to be served and shall not be located in the required
front yard; and
F. The Board of Zoning Adjustments shall not grant variances to these criteria,
including the off-street parking requirements.
Sec. 33-5.3.1.4. Accessory nursery school, pre-school, or kindergarten.
A. All accessory nursery schools, pre-schools, or kindergartens shall be considered
conditional uses in all of the zoning districts in which they are authorized;
requests for approval of such schools shall be processed pursuant to Sec. 332.24. Conditional use in Article 2 Procedures of this UDC; and the two-year
renewal requirement shall apply;
B. At the time of conditional use application, the applicant shall show proof that all
applicable state and Parish licenses have been applied for or obtained, and the
operator shall maintain such licenses for the duration of the use;
C. An accessory nursery school, pre-school, or kindergarten shall be permitted only
in a single-family dwelling;
D. A member of the family residing in the dwelling shall operate the nursery school,
pre-school, or kindergarten, and no person not a resident of the premises shall
be an employee of the school;
E. As shown on the required floor plan, not more than fifteen (15) percent of the
floor area of the dwelling shall be used for the school;
F. As shown on the required site plan, the site shall:
1. Comprise a minimum area of ten thousand (10,000) square feet; and
2. Include a play area with at least two hundred (200) square feet for each child
and the play area shall be enclosed by a fence with a height of not less than
four (4) feet and not more than six (6) feet.
G. No exterior indication that the building is being used as a nursery school, preschool, or kindergarten shall be displayed except for a nameplate of not more
than two (2) square feet as shown on the required building elevation drawing if
this wall sign is provided.
Sec. 33-5.3.1.5. Accessory second culinary facility.
A. All accessory second culinary facilities shall be considered conditional uses in all
of the zoning districts in which they are authorized; requests for approval of such
facilities shall be processed pursuant to Sec. 33-2.24. Conditional use in Article 2
Procedures of this UDC; and the two-year renewal requirement shall apply;
B. As shown on the required site plan and floor plan, the second culinary facility
shall:
1. Be permitted only in the principal structure of a single-family dwelling;
2. Not be greater than twenty-five (25) percent of the floor area of the principal
structure;
3. Be accessible only through the principal structure; and
4. Not protrude into required yards.
C. The second culinary facility shall only be granted to the owner or occupant of the
principal structure and shall not be transferable; and
D. It shall comply with all Parish codes and ordinances and require a building
permit.
Sec. 33-5.3.2. Accessory buildings, structures, and uses.
Except as otherwise provided in this Code:
A. Any accessory building that is not a part of the principal building may be built in a
required side yard, provided that such accessory building is not less than sixty
(60) feet from the front lot line, and not less than three (3) feet from the nearest
interior side lot line. On through lots an accessory building may be built in a
required side yard if not part of such accessory building is less than three (3) feet
from the nearest interior side lot line and no portion of such building is located in
either front yard.
B. Accessory buildings may be built in a required rear yard but such accessory
buildings shall not occupy more than forty (40) percent of the required rear yard,
provided, in any case where accessory buildings are not built on the side or rear
lot lines, and in residential districts, such accessory buildings shall not be located
less than three (3) feet from either side or rear lot line.
C. On a corner lot where a side yard is required, there shall be a minimum distance
between any accessory building and the side street equivalent to the width of the
required side yard on the side of the lot abutting on the side street. Where a lot
in the rear of the corner lot fronts on the side street, no part of any accessory
building on the corner lot within twenty-five (25) feet of the common lot line shall
project beyond the prolongation of the front yard line of the lot in the rear,
provided, however, that the limitation shall not reduce the buildable length of an
accessory building to less than twenty (20) feet.
D. Accessory buildings or structures permitted in a required rear or side yard shall
not exceed thirteen (13) feet in height.
E. The combined gross area of all accessory buildings or portions thereof located in
side and rear yards shall not exceed forty (40) percent of the required rear yard
area, nor shall more than one (1) accessory building cover any part of a required
side yard.
F. An accessory building may be attached to a dwelling provided that:
G. The connection or attachment shall be less than six (6) feet in width;
H. The connection or attachment shall be made by a common wall, an extension of
the main roof designed as an integral part of the building, or other substantial
attachment or connection as determined by the department of inspection and
code enforcement.
I. Private garages. The following regulations shall apply to all private garages
accessory to single-, two-, three-, four-family dwellings, including manufactured
homes and townhouses and shall supersede any conflicting regulations
applicable to accessory structures:
1. Location.
a. Attached garages shall comply with the side yard setback requirements of
the principal structure and shall not be closer to the rear lot line than the
side yard setback of the principal structure;
b. If located in front of the principal structure, a detached garage shall
comply with the side yard setback requirements of the principal structure
and shall not be less than sixty (60) feet from the front lot line.
2. Garage doors.
a. Garage doors shall not exceed ten (10) feet in height;
b. Garage doors on street-facing attached garages shall not comprise more
than fifty (50) percent of the total width of the street-facing principal
structure façade;
c. The portion of the garage doors viewable from the street on street-facing
detached garages shall not comprise more than fifty (50) percent of the
total combined width of the facades of the principal structure and portion
of street-facing garage structure viewable from the street;
d. On corner lots, only the front street-facing garage door shall comply with
subsections (b) and (c).
Sec. 33-5.3.3. Auto-oriented development.
Sec. 33-5.3.3.1. Purpose.
Auto-oriented development includes uses that are inherently dependent on
vehicular access. These uses, properly located and designed, fulfill the public and
market needs for vehicles, particularly automobiles, automobile maintenance, and
services that depend on automobile access. It is the intent of these development
standards to accommodate auto-oriented building forms with site layouts that
provide safe and efficient vehicular circulation, minimize traffic, noise, and other
nuisances, and promote design practices that blend these uses more effectively into
their locations.
Sec. 33-5.3.3.2. Car washes.
A. Car wash structures within one hundred (100) feet of the following residential
zoning districts: Suburban District (S1), Single-Family Residential District (R1A),
Suburban Residential District (R1B), Rural Residential District (R1C), Rural
Residential District (R1D), Manufactured Home District (R1MH), Two-Family
Residential District (R2), Three- and Four-Family Residential District (RR3),
Townhouses (R1TH), Condominiums (R1CO), Core District-Residential (CDR),
and Multiple-Family Residential (R3), as measured in a straight line, without
regard to intervening structures, from the closest exterior structural wall of the car
wash facility to the closest lot line of the residential zoning district; shall meet the
following additional criteria:
1. No car wash structure shall be closer than fifty (50) feet to a residentially
zoned lot.
2. No openings of automatic or full service car wash bays, other than stationary
windows, shall face any residentially zoned lot.
3. Equipment accessory to car washes including but not limited to air
compressors and vacuums, shall not be located on any side of a development
abutting a residential zoning district or shall not be closer than fifty (50) feet
from any residential zoning district.
B. Noise:
1. All regulations of the Jefferson Parish Code of Ordinances regarding noise
shall be met.
2. Two (2) signs per car wash bay, no less than four (4) square feet or greater
than six (6) square feet in area each, informing patrons of the noise ordinance
shall be conspicuously posted around the site.
3. Any violation of Sec. 20-102 Noise in Chapter 20 Offenses and Miscellaneous
Provisions of this Code involving the mechanical operation of a car wash is
subject to the penalties of Sec. 19-61 Penalties in Chapter 19 Nuisances of
this Code.
C. Outdoor illumination shall not be aimed, directed or reflected, focused, or
mounted to cause direct light from the luminaire to be directed toward residential
uses or adjoining uses, or to create up light, spill light, or glare perceptible to
persons operating motor vehicles on public ways
D. Access to car washes shall be located on a major or minor arterial, or a collector
or neighborhood collector street as shown on the Jefferson Parish Thoroughfare
Plan.
E. No variances or exceptions to this section shall be permitted by the parish
council, or any parish agency, board, or commission.
Sec. 33-5.3.4. Club, private or service.
A. Lot area shall be a minimum of twenty thousand (20,000) square feet;
B. Clubs with recreational uses such as tennis courts, swimming pools, golf
courses, but not to include stadiums or athletic fields, shall have a minimum lot
area of five (5) acres;
C. The required setback of all buildings shall be a minimum distance of fifty (50)
feet, measured in a straight line, without regard to intervening structures, from
the nearest exterior structural wall of the building to the lot line when abutting
property zoned residentially;
D. Clubs approved under this provision shall be recognized as conforming uses.
Sec. 33-5.3.5. Home occupations.
Sec. 33-5.3.5.1. Purposes.
A. Permit and regulate the conduct of home occupations as a secondary use to a
dwelling unit, whether owner- or renter-occupied, but with the property owner’s
consent;
B. Ensure that home occupations are compatible with, and do not have a harmful
effect on nearby residential properties and uses;
C. Adequately protect existing residential neighborhoods from dust, odors, noise,
traffic, or other potentially adverse effects of home occupations;
D. Allow residents of the community to use their homes as a work place and a
source of livelihood, under certain specified standards, conditions, and criteria;
E. Enable the fair and consistent enforcement of these home occupation
regulations; and
F. Promote and protect the public health, safety and general welfare.
Sec. 33-5.3.5.2. Applicability.
The home occupations permitted in Sec. 33-5.3.5.4 below are allowed in any
dwelling unit. Home occupations include any permitted occupation within a dwelling
unit, clearly incidental and secondary to the use of the dwelling unit for residential
purposes, and carried on by a member of the family residing in the dwelling unit.
Sec. 33-5.3.5.3. Standards.
A. Only residents of the premises shall be employed;
B. No more than fifteen (15) percent of the gross floor area of the dwelling unit shall
be used for the home occupation;
C. The occupation shall be conducted entirely within the interior of the residence;
D. Storage of goods and materials shall be inside and shall not include flammable,
combustible, or explosive materials;
E. No generation of dust, odors, noise, vibration, or electrical interference or
fluctuation shall be perceptible beyond the property line;
F. Electronically amplified sounds from the occupation shall not be audible from
adjacent properties or public streets;
G. No mechanical equipment shall be used except equipment normally used for
family, domestic, or household purposes;
H. Deliveries and pickups shall be those normally associated with residential
services and occurring during normal residential hours and shall not block traffic
circulation;
I. One (1) parking space shall be provided for the home occupation in addition to
the parking required for the residential use;
J. No exterior indication of the occupation shall be perceptible except one (1) nonilluminated sign or nameplate limited to no more than two (2) square feet
mounted flush against the wall of the dwelling unit.
Sec. 33-5.3.5.4. Permitted home occupations.
The following home occupations are allowed subject to the standards established in
this Sec. 33-5.3.5.3:
A. Accounting, tax preparation, bookkeeping, and payroll services (LBCS function
code 2412);
B. Advertising, media, and photography services (LBCS function code 2417);
C. Architectural, engineering, landscape architectural, drafting, and related services
(LBCS function code 2413);
D. Artist, writer, or performer (LBCS function code 5160);
E. Computer training (limited to no more than one (1) student at a time; LBCS
function code 6143);
F. Consulting services (LBCS function code 2415);
G. Diet, weight reduction, and exercise services (limited to no more than one (1)
client at a time; LBCS code 2612);
H. Events promotion or agent services (LBCS function codes 5140 and 5150);
I. Graphic and interior design services (LBCS function code 2414);
J. Financial planning and investment services (LBCS function code 2250);
K. Information and data processing services (LBCS function code 4240);
L. Insurance sales (LBCS function code 2240);
M. Legal services (LBCS function code 2411);
N. Mail-order business (limited to order taking only; no stock in trade allowed; LBCS
function code 2144);
O. Music, art, craft, and similar lessons (limited to no more than one (1) pupil at a
time; LBCS function code 6145);
P. Professional, scientific, or technical services (LBCS function code 2420);
Q. Real estate or property management agent (LBCS function codes 2310 and
2320);
R. Tailoring (e.g., dressmaking and alterations) services (LBCS function code
3131);
S. Travel arrangement and reservation services (LBCS function code 2430).
Sec. 33-5.3.5.5. Prohibited home occupations.
The following uses are prohibited as home occupations:
A. Band instrument group instruction;
B. Convalescent home;
C. Dancing instruction;
D. Mortuary establishment;
E. Physician or dentist office in which mechanical equipment is used;
F. Real estate office;
G. Tearoom;
H. Tourist home;
I. Trades;
J. Stores; or
K. Business of any kind not herein prohibited.
Sec. 33.5.3.6. Off-Track Wagering.
A. The distance between any off-track wagering facility and the following residential
zoning districts: Suburban District (S1), Single-Family Residential District (R1A),
Suburban Residential District (R1B), Rural Residential District (R1C), Rural
Residential District (R1D), Manufactured Home District (R1MH), Two-Family
Residential District (R2), Three- and Four-Family Residential District (RR3),
Townhouses (R1TH), Condominiums (R1CO), Core District Residential (CDR),
and Multiple-Family Residential (R3); or between any off-track wagering facility
and a dwelling, school, child care center, religious institution, park, recreational
area, museum, community center or public library shall be a minimum of five
hundred (500) feet, measured in a straight line, without regard to intervening
structures, from the closest exterior structural wall of the off-track wagering
facility to the closest property line of the residential zoning district or dwelling,
school, child care center, religious institution, park or recreational area, or
museum, community center or public library.
B. The facility shall be subject to the regulations and requirements of this Code for
height, yards, signs, off-street parking, clear vision area, and loading; and to the
landscape, buffer and general design standards of Sec. 40-446 and 40-447 in
Article XXV, Mixed-Use Corridor District (MUCD), Chapter 40 Zoning of this
Code. Only the Parish Council may grant variances to these development
regulations and requirements. If the site is overlaid with the Commercial Parkway
Overlay Zone (CPZ), the MUCD standards shall prevail for landscaping,
buffering, and general design, and the stricter of the CPZ or the underlying
zoning shall prevail for all other standards.
C. In the C-2 General Commercial, OW-1 Office Warehouse, U-1S Unrestricted
Suburban, and the Fairfield Overlay (FOD) districts, primary access to the offtrack wagering facility shall be located on a major or minor arterial as shown on
the Jefferson Parish Thoroughfare Plan; secondary access may be located on a
collector street if the access is located within two hundred (200) feet of the street
providing primary access to the site, measured in a straight line from the lot line
at the primary street frontage, along the lot line where the secondary access is
proposed.
D. In the M-1 Industrial, M-2 Industrial, M-3 Industrial, and U-1R Unrestricted
districts, primary access to the off-track wagering facility shall be located on a
major arterial, minor arterial, collector, or neighborhood collector as show in the
Jefferson Parish Thoroughfare Plan.
E. A Traffic Impact Analysis in accordance with Sec.33-7.5.10 in Article 7, Adequate
Public Facilities Required, of this UDC may be required by the Planning Director,
Public Works Director, or Parish Traffic Engineer when it is determined that such
report is necessary to determine needed road improvements or that no unsafe or
hazardous conditions will be created by the development as proposed.
F. The off-track wagering facility shall be subject to the development review
procedures of Sec. 40-449 in Article XXV Mixed Use Corridor District (MUCD), of
Chapter 40 Zoning of this Code.
Sec. 33-5.3.7. Religious uses.
Religious uses shall have a minimum lot area of fifteen thousand (15,000) square
feet.
Sec. 33-5.3.8. Residential dwelling units.
Sec. 33-5.3.8.1. General criteria (reserved).
Sec. 33-5.3.8.2. Townhouses.
A. Townhouses allowed in the R-2, RR-3, and R-3 zoning districts are subject to the
dimensional standards outlined in Table 33-5.8.2-1, which supersedes the
requirements for lot area, width, and depth in the applicable zoning district.
Table 33-5.8.2-1: Dimensional Standards for Townhouses.
Zoning District
R-2 RR-3 R-3
3,00 2,00
Lot Size (minimum, square feet)
1,350
0
0
Lot Width (minimum, feet)
18
18
18
Lot Depth (minimum, feet)
90
90
75
Grouped Dwelling Units
2
4
10
(maximum)
B. Setback requirements are the same as the applicable zoning district; however,
interior dwelling units are not subject to the side setback requirements of the
zoning district.
C. Where a lot containing a townhouse abuts a detached single-family dwelling unit
located in a residential zoning district, the abutting yard shall have a minimum
width of ten (10) feet.
D. The facades of dwelling units in townhouses shall have variations in materials
and design and be varied by changed front yards of not less than two (2) feet so
that no more than two (2) abutting units have the same front yard depth.
E. Non-public area for the common use and enjoyment of the occupants of
townhouses and not in individual ownership by the occupants shall be
maintained in a satisfactory manner without expense to the general taxpayers. A
homeowners’ association shall be required for such maintenance in accordance
with Sec. 33-6.3, Maintenance of common areas, in Article 6, General
Development Standards, of this UDC.
F. A townhouse dwelling and the individual lot it occupies may be sold separately if
separate utilities systems are provided and if separate lots for each dwelling unit
in a group are lots of record.
Sec. 33-5.3.8.3. Manufactured homes.
See Article XXXVIII Manufactured homes and mobile homes in Chapter 40
Zoning of this Code.
Sec. 33-5.3.8.4. Zero lot line (reserved).
Sec. 33-5.3.9. Schools, elementary, junior high, or high.
A. Lot area shall be a minimum of twenty thousand (20,000) square feet.
B. The required setback of all buildings shall be a minimum distance of fifty (50)
feet, measured in a straight line, without regard to intervening structures, from
the nearest exterior structural wall of the building to the lot line when abutting
property zoned residentially, and twenty-five (25) feet to the lot line when abutting
a right-of-way or property zoned nonresidentially.
C. Notwithstanding the regulations regarding nonconforming uses, any school in
existence on January 10, 2007 shall not be required to meet the above setback
criteria for new construction, additions, or alterations to the buildings on campus.
Instead, new construction, additions, or alterations shall meet the setbacks
required by the zoning district.
D. Athletic fields and stadiums shall meet applicable additional criteria established in
Sec. 40-747 Regulations for stadiums and athletic fields in Article XXXIX
Exceptions and modifications of Chapter 40 Zoning of this Code.
Sec. 33-5.3.10. Stadiums and athletic fields.
See Sec. 40-747 Regulations for stadiums and athletic fields in Article XXXIX of
Chapter 40 Zoning of this Code.
Sec. 33-5.3.11. Temporary uses (reserved).
Sec. 33-5.3.12. Truck stops.
A. All truck stops shall be considered conditional uses in all of the zoning districts in
which they are authorized; requests for approval of such uses shall be processed
pursuant to Sec. 33-2.24 Conditional use permit in Article 2 Procedures of this
UDC, except that the two-year renewal requirement shall not apply.
B. As shown on the required site plan, landscape plan, or floor plan, the truck stop
shall:
1. Consist of at least ten (10) developed contiguous acres and sell fuel,
lubricating oil, and other vehicular merchandise, such as batteries, tires, or
vehicle parts of eighteen-wheel tractor trailers;
2. Be located adjacent to a major state highway or interstate highway;
3. Be located a minimum of five hundred (500) feet from any residential zoning
district or use, school, church, park, or recreation area, as measured radially
from the property line of the truck stop site;
4. Have an on-site restaurant with all of the following features:
a. Seating for at least fifty (50) patrons;
b. Full table service for sit-down meals;
c. Twenty-four hours a day operation; and
d. A varied menu.
5. Have a stable parking area of at least one hundred seventy thousand
(170,000) square feet, providing at least one hundred (100) eighteen-wheel
tractor-trailer parking stalls. Such parking shall adhere to the following:
a. Standard truck parking space size shall be fifteen (15) feet by seventy (70)
feet with a seventy-foot travel aisle;
b. Ten (10) percent of the truck parking spaces shall be fifteen (15) feet by
seventy-five (75) feet with a seventy-foot travel aisle;
c. The parking and vehicular use area shall be of sufficient size to allow for
safe ingress and egress with a minimum access of eighty (80) feet at the
roadway intersection;
d. Truck parking and access to truck parking must be separated from all
other vehicular uses;
e. Parking areas located around business entrance ways and exits shall not
constitute parking areas for eighteen-wheelers;
f. Lighting must be provided in parking areas and access ways to buildings.
Parking area lighting must be oriented inward so not to intrude on abutting
property. Sixty feet is the maximum height for lighting. All parking areas
and all parts of parking areas must be fully illuminated; and
g. The proper number of off-street parking spaces for the land uses included
in the development shall be provided in accordance with Article XXXV,
Off-Street Parking, Loading, and Clear Vision Area Regulations in Chapter
40 Zoning of this Code, in addition to the required truck parking;
6. Have diesel and gasoline fuel facilities that meet all building codes and fire
safety codes;
7. Have on-site repair service facilities for eighteen-wheel tractor-trailers;
8. Be owned or leased by a person with a Class A general retail permit or a
Class A restaurant permit to serve or sell alcoholic beverages for on-premises
consumption;
9. Have four (4) of the following amenities:
a. A separate trucker's lounge;
b. A full-service laundry facility located in a convenient area for trucker's use;
c. Private showers for men and women located in an area that is not open to
general public restroom facilities;
d. A travel store with items commonly referred to as truckers supplies;
e. Truck scales;
f. Separate truckers' telephones; or
g. Permanent storage facilities for fuel;
10. Provide a twenty-foot setback from all property lines for parking and vehicular
use areas and all structures except fences;
11. Have a traffic plan showing egress and ingress approved by Public Works
traffic engineering.
C. The sign regulations shall be the same as those set in Sec. 40-477. Sign
Regulations in Article XXVI, Commercial Parkway Overlay Zone, of Chapter 40
Zoning of this Code; and
D. Landscape, buffer, and general design standards shall be the same as those set
in Sec. 40-446 and Sec. 40-447, in Article XXV, Mixed Use Corridor District
(MUCD), in Chapter 40 Zoning of this Code. MUCD requirements for parking
islands shall not apply to truck parking areas.
Sec. 33-5.3.13. Utility structures.
See Sec. 40-748 Regulations for public utility structures in Article XXXIX
Exceptions and modifications of Chapter 40 Zoning of this Code.
Sec. 33-5.3.14. Veterinary clinics and animal hospitals.
A. All areas where animals are housed shall be totally contained within an interior
space of the hospital.
B. There shall be no exercise runs, yards, pens or other facilities for the care or
housing of animals in any exterior space.
C. The structure where animals are kept or housed shall be insulated or
soundproofed, including windows and doors, in order to minimize or reduce as
much as practically possible sounds emanating from within the structure and
shall comply with Section 20-102, Noise, in Article V. Offenses against public
peace, of Chapter 20 Offenses and miscellaneous provisions, of this Code.
D. There shall be no openings facing adjacent residentially zoned property other
than the main entrance to the hospital.
E. There shall be an air ventilation system capable of filtering out objectionable
odors associated with an animal hospital. Such filtered air shall be vented into
the atmosphere above the roofline or parapet.
F. Overnight boarding of animals is permitted for veterinary care and as an
accessory use for non-veterinary purposes, provided that in no case shall the
area used for boarding exceed twenty-five (25) percent of the floor area of the
primary structure.
G. The maximum area of the structure or structures in which the animal hospital or
veterinary clinic is located shall be twenty-five (25,000) square feet.
H. The site shall be landscaped in conformance with the requirements of Article
XXVI, Commercial Parkway Overlay Zone (CPZ), section Section 40-476,
Landscape and Buffer Requirements.
I. For animal hospitals and veterinary clinics not meeting the criteria outlined above
due to site related or other hardships, Council approval shall be required as per
Article XL, Special Permitted Uses, with the exception of section Section 40-764,
Renewal of Special Permitted Uses.
Sec. 33-5.3.15. Wireless communications facilities (reserved).
Sec. 33-5.4. Reserved.
Sec. 33-5.5. Reserved.
Sec. 33-5.6. Reserved.
Sec. 33-5.7. Reserved.
Sec. 33-5.8. Reserved.
Sec. 33-5.9. Reserved.
Sec. 33-5.10. Reserved.
Sec. 33-5.11. Reserved.
Sec. 33-5.12. Reserved.
Sec. 33-5.13. Reserved.
Sec. 33-5.14. Reserved.
Sec. 33-5.15. Reserved.
Sec. 33-5.16. Reserved.
Sec. 33-5.17. Reserved.
Sec. 33-5.18. Reserved.
DIVISION 2. DEVELOPMENT PATTERNS
Sec. 33-5.19. Purpose (reserved).
Sec. 33-5.20. Mixed-use buildings.
This section establishes standards for mixed-use development where the building is
allowed in a zoning district, and provides flexible parking standards to recognize internal
vehicular trip capture from mixed uses.
Sec. 33-5.20.1. Distribution and mix of uses.
The distribution and mix of uses are subject to the criteria described in Table 335.20-1 for the applicable zoning district.
Table 33-5.20-1: Mixed-use Buildings, Distribution of Uses By Floor.
Uses Permitted
Uses Permitted on Uses Permitted on
Zoning District
Above Second
First Floor
Second Floor
Floor
Nonresidential,
OBM-1
Residential
Residential
residential
Nonresidential,
Nonresidential,
OBM-2
Nonresidential
residential
residential
Nonresidential,
Nonresidential,
FC-1
Nonresidential
residential
residential
Nonresidential,
FC-2
Residential
Residential
residential
Nonresidential,
Nonresidential,
FC-3
Nonresidential
residential
residential
Nonresidential,
Nonresidential,
U-1S
Nonresidential
residential
residential
A. When multiple family dwelling units are allowed above the ground floor the
following criteria shall apply:
1. Nonresidential uses permitted in the zoning district shall comprise a minimum
of fifty (50) percent of the ground floor of the structure. For the purpose of this
provision, uses or areas accessory to the dwelling units exclusively for the
use of the residents of the dwellings and located in the structure, such as
lobby, management office, mail or laundry room, multipurpose room, health
club, or parking shall be considered as residential uses.
2. At least one (1) main entrance shall provide direct public access to the ground
floor nonresidential uses.
3. Except as provided in the bulk plane and yard requirements in Sec. 33-5.21,
Mid-rise to high-rise building, of this Article for exceptions to the maximum
height allowed by right, any portion of the building that contains any dwelling
units shall be located a minimum of three (3) feet from the side and rear lot
lines except where the lot abuts a residential zoning district in which case the
more restrictive side and rear yard requirements of the zoning district shall
apply.
Sec. 33-5.20.2. Parking.
To encourage mixed-use buildings where the building is allowed in a zoning
district, the minimum number of required parking spaces for nonresidential uses may
be reduced by fifty (50) percent. Residential uses shall provide the following
minimum number of parking spaces: one (1) space for efficiency and one (1)
bedroom units; one and one-half (1.5) spaces for two (2) bedroom units; and two (2)
spaces for three (3) or more bedrooms. At least eighty (80) percent of required
parking for residential units shall be reserved by signage for residents and located
on the same development site as the mixed-use building or on an abutting lot in
accordance with the shared parking provisions of this UDC. All parking spaces shall
be located to the rear or side of the principal building not to extend in front of the
front building line closest to the street or the side building line closest to the street on
a corner lot.
Sec. 33-5.21. Mid-rise to high-rise building.
Sec. 33-5.21.1. Purpose.
These standards are designed to:
A. Promote urban development at appropriate locations;
B. Recognize the scarcity of land by accommodating vertical construction;
C. Take advantage of waterfront locations and view corridors;
D. Promote a variety of housing types;
E. Protect adjacent and nearby residential neighborhoods;
F. Provide an orderly development pattern;
G. Facilitate traffic circulation and prevent traffic congestion; and
H. Provide economic development opportunities.
Sec. 33-5.21.2. Applicability.
Unless otherwise specified in this UDC, this section applies to a building in a
zoning district that allows this exception to the maximum height allowed by right for
mid-rise to high-rise buildings as shown in Table 33-5.20.2-1. No building is allowed
to exceed the height allowed by right except in accordance with the standards and
development review process of this section.
Table 33-5.21.2-1: Applicability and Dimensional Standards – Mid-rise to High-rise
Buildings
Building setbacks
From
Applicabilit Building height nearest lot
Zoning y (specific (maximum, feet)
line of
district use or any
nearest
use of
residential
building)
zoning
district
From property line of lot
(feet)
By
right
R-3
R-1CO
H-2
OBM-2
C-1
GO-1
CD-R
BC-1
BC-2
C-2
MUC
U-1S
Multiple
family
dwelling
Multiple
family
dwelling
Multiple
family
dwelling
Any building
Building
with multiple
dwelling
units
Multiple
family
dwelling
Multiple
family
dwelling
Multiple
family
dwelling
Any building
Building
with multiple
dwelling
units, 5+
Units
1.0 X
front
rightofway
width,
no
great
er
than
60
1.0 X
front
rightofway
width,
no
great
er
than
60
With
exceptio
n
Location
Distance
(minimum,
feet)
1.5 X
front
right-ofway
width, no
greater
than 90
N/A
All yards
20
1.5 X
front
right-ofway
width, no
greater
than 90
N/A
All yards
20
75
100
N/A
All yards
20
45
70
N/A
All yards
20
45
70
N/A
All yards
20
65
90
N/A
All yards
20
60
90
N/A
All yards
20
60
110
N/A
All yards
20
No limit
Maximum
height of
building to
200
65
65
Multiple
family
dwelling,
50+ units
65
Any building
65
No limit
No limit
No limit
Maximum
building
height to
200
Maximum
height of
building to
200
Maximum
Yard
abutting
residential
district
Other
yards
Yard
abutting
residential
Other
yards
Yard
abutting
residential
district
Other
yards
Yard
20
Same as
district
20
Same as
district
20
Same as
district
20
Building setbacks
Zoning
district
Applicabilit
y (specific
use or any
use of
building)
Building height
(maximum, feet)
By
right
From
nearest lot
line of
nearest
residential
zoning
district
(feet)
With
exceptio
n
From property line of lot
Location
height of
building to
200
Distance
(minimum,
feet)
abutting
residential
district
Other
Same as
yards
district
Table 33-5.21.2-2: Bulk Plane Requirements – Mid-rise to High-rise Buildings
Location of Bulk Plane
Front façade Front façade plus
plus any
all facades if lot
Applicability
Zoning
façade
abuts or is
(specific use or any
District
abutting a
across a ROW of All facades
use of building)
zoning
50 ft. or less from
residential
a residential
district
zoning district
R-3
Multiple family

dwelling
R-1CO
Multiple family

dwelling
H-2
Multiple family

dwelling

OBM-2
Any building
C-1
Building with multiple

dwelling units
GO-1
Multiple family

dwelling
CD-R
Multiple family

dwelling
BC-1
Multiple family

dwelling
BC-2
Any building
N/A
N/A
N/A
C-2
Building with multiple
N/A
N/A
N/A
dwelling units
MUC
Multiple family
N/A
N/A
N/A
dwelling, 50+ units
U-1S
Building with multiple
N/A
N/A
N/A
dwelling units
Sec. 33-5.21.3. Development review process.
A. Generally. A site plan is required in accordance with Sec. 33-2.26 Site Plan in
Article 2 of this UDC.
1. Administrative development approval shall apply if the Planning Director
determines that the standards of this section and the applicable zoning district
are fully met.
2. Legislative approval shall apply if the Planning Director determines that the
standards are not fully met and the applicant requests a variance as
authorized in this section.
B. Submittal requirements.
1. The applicant shall submit an application for site plan review in accordance
with Sec. 33-2.26 Site plan in Article 2 of this UDC.
2. Before submittal of the application for site plan review, a pre-application
conference is required in accordance with Sec. 33-2.4 Pre-application
conferences in Article 2 of this UDC.
3. At the time of application, the applicant may request phasing of the
development. An application that includes phasing shall require legislative
approval and a development agreement in accordance with Division 4.
Development Agreements in Article 2 of this UDC. The Parish Council may
authorize an agreement providing for multi-phase development over a longer
period of time, provided that the development complies with the requirements
of this UDC and the following criteria:
a. Necessary off-site improvements shall be completed first;
b. Each phase can function and can be utilized independently of subsequent
phases;
c. At the time of application, the applicant submits a phasing schedule
containing:
(1) The number of phases in which the development will be built;
(2) The dates when construction of each phase will begin and be
completed. The beginning or initiation of construction of a development
shall be the date on which a building permit is issued for the
development or phase of the development and the completion of a
development shall be the date on which a certificate of occupancy or
completion is issued for the development or phase of a development;
and
(3) The infrastructure and on-site improvements to be included in each
phase.
d. If no phasing schedule is provided at the time of the application, the
applicant shall complete the development as a single phase including all
on-site improvements as required by this Code and as delineated in the
site plan submittal.
C. Time limitations.
1. Multiphase development. The applicant shall apply for and receive a building
permit for at least one (1) phase of a multiple-phase development within one
(1) year of site plan approval. The applicant shall have a maximum of five (5)
years from the date the building permit is issued to complete all phases of the
development unless the Parish Council or Planning Director approves an
extension for the development.
2. Single phase development. The applicant shall apply for and receive a
building permit within one (1) year of site plan approval. The applicant shall
have a maximum of two (2) years from the date the building permit is issued
to complete the development unless the Parish Council or Planning Director
approves an extension for the development.
3. Failure to meet time limitations. Approval shall be vacated and site plan
approval shall become null and void if a building permit has not been issued
for single phase and multiphase development within the time limits prescribed
above, including any extension(s), and no request for extension is pending.
No building permits shall be issued for site plans that have been declared null
and void. Nevertheless, such site plans may be submitted as a new
application for review, and must conform to all site plan and review
requirements in effect at the time of the later application.
D. Extensions.
1. Standards for extension. Upon a finding that unforeseen circumstances
prevented completion within the approved time limitation, the Planning
Director may grant an extension for a period not to exceed six (6) months. If
the Planning Director denies a request for an extension, the applicant may
appeal the decision to the Parish Council. The Parish Council may grant
extensions for periods greater than six (6) months subject to the following
provisions:
a. Single phase development. An extension for a single phase development
may be granted by council resolution and shall not exceed a period of
three (3) years.
b. Multiphase development. An extension for a multiphase development shall
be granted by ordinance, as an amendment to the development
agreement, for a period at the discretion of the Council. If the Council
approves an extension the applicant shall submit a revised phasing
schedule to the planning department for approval by the Planning Director.
2. Requests for extension. The applicant shall request an extension for the
beginning of construction or completion of construction. The request,
including information which explains the need for the extension, shall be
made in writing to the Planning Director and must be received by the planning
department within the original term to complete the development. Requests
that require Council action shall be processed in accordance with the
procedures in Article XLVIII Changes and Amendments of Chapter 40 Zoning
of this Code. The recommendations to the Parish Council for extension shall
be based on a finding from the Planning Department and the Planning
Advisory Board that unforeseen circumstances prevented completion within
the approved time limitation.
Sec. 33-5.21.4. Development standards.
A. Maximum height. Maximum height shall not exceed the height referenced in
Table 33-5.20.2-1 and each zoning district that allows this exception.
B. Bulk plane. A building exceeding the maximum height allowed by right shall use
bulk planes on the façades of the building as indicated in Table 33-5.20.2-2.
1. Residential zoning districts mean the following one-, two-, three-, or fourfamily residential zoning districts: Suburban District (S1), Single-Family
Residential District (R1A), Suburban Residential District (R1B), Rural
Residential District (R1C), Rural Residential District (R1D), Manufactured
Home District (R1MH), Two-Family Residential District (R2), Three- and FourFamily Residential District (RR3), and Townhouses (R1TH).
2. The bulk plane(s) shall begin at a horizontal line located directly above the
line(s) created by the setback at a height of forty-five (45) feet, rising over the
lot upward at a forty-five-degree angle equal to a pitch or slope of one (1) foot
of vertical distance for each one (1) foot of horizontal distance. See Figure
40.238.1, Bulk plane (1:1). No structure or portion of any structure shall be
permitted to protrude through any bulk plane.
C. Yards. Yards are required in accordance with Table 33-5.20.2-1. There shall be
a front yard having a minimum depth of twenty (20) feet, and side and rear yards
each having a minimum depth of twenty (20) feet, and shall be landscaped in
accordance with the requirements of this section.
D. Location. The development site shall front only on a collector street or a major or
minor arterial as indicated in the Jefferson Parish Thoroughfare Plan.
E. Frontage. In a multi-frontage development site, for purposes of this section and in
accordance with the relevant provisions in this section, any frontage that permits
a height greater than the maximum height allowed by right shall qualify the
building(s) on that site to be of a height greater than the maximum height allowed
by right. Notwithstanding any other provisions in this Code regarding required
yards for corner lots and through lots, the only required front yard for all other
purposes related to such a development site shall be located on the frontage that
permits a height that exceeds the maximum height allowed by right.
F. Access. Primary access to the development site shall be provided only from a
collector street, or a major or minor arterial as indicated in the Jefferson Parish
Thoroughfare Plan; however, secondary access from a local street or
neighborhood collector shall be permitted if the access point is not located across
from any of the following one-, two-, three-, or four-family residential zoning
districts: Suburban District (S1), Single-Family Residential District (R1A),
Suburban Residential District (R1B), Rural Residential District (R1C), Rural
Residential District (R1D), Manufactured Home District (R1MH), Two-Family
Residential District (R2), Three- and Four-Family Residential District (RR3), and
Townhouses (R1TH), and is located within two hundred (200) feet of the street
providing primary access to the development site, measured in a straight line
from the lot line at the primary street frontage, along the lot line where the
secondary access is proposed.
G. Traffic impact analysis and adequate public facilities. To ensure adequate
transportation access and to minimize impacts on the transportation network, the
applicant shall provide to the Parish: 1) a traffic impact analysis for any
development comprised of thirty (30) or more units or any development that
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meets the threshold requirements in accordance with Sec. 33-7.5.10 of Article 7
of this UDC; and 2) any improvements reasonably necessary to meet the needs
of the development which are clearly and substantially related to the
development. The Parish shall be the final arbiter of which improvements are
reasonably necessary to meet the needs of the development. The development
shall not be approved unless and until adequate transportation facilities exist or
provision has been made for essential transportation facilities as determined by
the Parish.
Public works impact analysis and adequate public facilities. To ensure adequate
public infrastructure and to minimize impacts on the public works systems, the
applicant shall provide to the Parish a public works impact analysis for the
development and shall provide any improvements reasonably necessary to meet
the needs of the development which are clearly and substantially related to the
development. The Parish shall be the final arbiter of which infrastructure
improvements are reasonably necessary to meet the needs of the development.
The development shall not be approved unless and until adequate public facilities
exist or provision has been made for the following essential public facilities, in
accordance with the threshold or service level requirements of Parish policy in
effect at the time of application: water, sewerage, drainage, streets, fire
protection and any other provisions for public facilities as determined by the
Parish.
Levee impact. Federal, state, and Parish agencies regulate the type and location
of improvements for flood and hurricane protection and work within various
distances from the river, lakes, levees, and floodwalls in the Parish. To avoid
adverse impacts on the flood and hurricane protection systems and to ensure
continuous and uninterrupted access for maintenance and monitoring, the
applicant shall obtain all permits or other types of authorizations required by the
U.S. Army Corps of Engineers ("the Corps"), the appropriate state agencies
including the appropriate Levee District(s), and Jefferson Parish in accordance
with the regulations of these agencies for any project proposed within the areas
regulated by such agencies.
Landscaping.
1. All required yards shall be landscaped in accordance with the requirements of
Sec. 40-446 Landscape and buffer standards in Article XXV, Mixed-Use
Corridor District of Chapter 40 Zoning of this Code. For required yards
abutting the following one-, two-, three-, or four-family residential zoning
districts: Suburban District (S1), Single-Family Residential District (R1A),
Suburban Residential District (R1B), Rural Residential District (R1C), Rural
Residential District (R1D), Manufactured Home District (R1MH), Two-Family
Residential District (R2), Three- and Four-Family Residential District (RR3),
and Townhouses (R1TH), the entire twenty (20) feet of yard abutting such
zoning district shall be landscaped in a manner consistent with the MUCD
landscaping requirements for the perimeter of lots adjacent to public rights-ofway.
2. The landscape and buffer standards of Sec. 40-446 in Article XXV, MixedUse Corridor District of Chapter 40 Zoning of this Code the requirement that
the entire twenty (20) feet of yard abutting a one- to four-family residential
zoning district, as defined above, be landscaped or any other landscaping
and buffer standards of this Code shall not be required of any yard adjacent
to and parallel with the line of the visible toe of any levee or floodwall or to
any area of the applicant's development site that comprises a levee or
floodwall.
3. These landscaping requirements shall supersede the landscaping
requirements of any overlay district including, but not limited to, the
Commercial Parkway Overlay Zone (CPZ).
Lighting. The maximum height for any light fixture is forty (40) feet, except on the
side or sides of a development abutting a one- to four-family residential district, in
which case the maximum height of twenty-five (25) feet shall be allowed. All light
structures shall be shaded or hooded and oriented inward so as to prevent
intrusion into surrounding areas.
Signs. Signs shall conform to Sec. 40-448 Sign regulations in Article XXV Mixed
Use Corridor District of Chapter 40 Zoning of this Code or the sign regulations of
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the district, whichever is more restrictive.
Parking. Parking shall be provided as set forth in Article XXXV, Off-Street
Parking, Loading, and Clear Vision Area Regulations of Chapter 40 Zoning of this
Code.
Service bays and drives. To mitigate the negative effect of service areas such as
noise, odor, refuse, and visual pollution, the following criteria shall apply:
1. Service bays, service drives, and trash receptacle and dumpster areas shall
not be located on any side of the development abutting one-, two-, three-, or
four-family residential zoning districts: Suburban District (S1), Single-Family
Residential District (R1A), Suburban Residential District (R1B), Rural
Residential District (R1C), Rural Residential District (R1D), Manufactured
Home District (R1MH), Two-Family Residential District (R2), Three- and FourFamily Residential District (RR3), and Townhouses (R1TH). In such cases
where this is not possible, an additional five-foot landscaping and buffer strip
shall be required in addition to the yard requirements for development that
exceeds the height allowed by right in this district.
2. Service bays and drives and trash receptacle and dumpster areas shall be
oriented in such a way that in the process of loading and unloading, no
vehicle will block the passage of other vehicles on the service drive or extend
into any other public or private street.
3. All service bays, loading and unloading areas, trash receptacles and
dumpster areas must be screened on all sides by a fence with a minimum
height of seven (7) feet and consisting of wood, brick or masonry.
Sidewalks. Continuous sidewalks connecting any existing sidewalks shall be
provided along public rights-of-way.
Fire department vehicle access, water supply, and communications. To provide
access for emergency fire suppression response vehicles and to ensure
adequate water supply the following criteria shall be met in addition to the
currently adopted National Fire Code, International Building Code, and Life
Safety Code standards. The Jefferson Parish Fire Department shall review the
submitted site plan for compliance with all applicable fire regulations.
1. Access. The following minimum criteria for emergency fire suppression
response vehicle access shall be required:
a. Two (2) hard-surfaced fire vehicle access roads with twenty-foot minimum
width for one-way traffic and twenty-four-foot minimum width for two-way
traffic installed on two (2) adjoining sides of all buildings that exceed the
height permitted by right, located at a minimum distance of ten (10) feet
from the building and a maximum distance of thirty (30) feet from the
building as measured from the nearest exterior building wall to the edge of
roadway nearest to the building wall.
b. Fire vehicle access roads shall be located so that at least seventy-five (75)
percent of the two (2) adjoining sides of the building that exceeds the
height permitted by right are accessible from the road.
c. All fire vehicle access roads shall be connected to and accessible from the
main vehicle entrance to the development site.
d. A parking lot drive aisle shall be considered part of a fire vehicle access
road if it meets all required criteria.
e. A street shall be considered a fire vehicle access road if it meets all
required criteria.
2. Water supply. The following minimum criteria for adequate water supply shall
be required:
a. Two (2) fire hydrants capable of supplying not less than twenty-five
hundred (2,500) gallons per minute (gpm) of water located within fifty (50)
feet of all buildings that exceed the height permitted by right, and
b. Additional fire hydrants capable of supplying not less than twenty-five
hundred (2,500) gallons per minute (gpm) of water shall be located so that
all portions of the exterior walls of all buildings that exceed the height
permitted by right are no more than four hundred (400) feet from any fire
hydrant.
3. Communications. The following minimum criteria for adequate emergency fire
communications shall be required:
a. A radio repeater shall be required for buildings that exceed one hundred
(100) feet in height.
b. Multiple radio repeaters shall be required for buildings that exceed two
hundred (200) feet in height.
Sec. 33-5.21.5. Variances.
A. The Council may grant variances to the requirements in this section for access,
landscaping, project completion time limits and sidewalks and may grant limited
variances to requirements in this section for signs and yards. Variances to the
development requirements of this section shall be approved by the Council in
accordance with the procedures set forth in Article XLVIII, Changes and
Amendments, provided the following criteria are met:
1. The variance is consistent with the general provisions and intent of the zoning
district;
2. The variance is harmonious and compatible with adjacent land uses; and
3. Special conditions and circumstances exist peculiar to land, structures or
buildings which are not applicable to other land, structures or buildings in the
same district and which a site related hardship can be demonstrated.
B. Neither the Parish Council, nor any Parish board, commission, department or
administrative agency shall grant a variance to the prohibition against moving,
rotating, flashing, blinking, or fluctuating signs or to the requirements for yards
that abut a one- to four-family residential district as defined in bulk plane below.
Neither the Parish Council, nor any Parish board, commission, department or
administrative agency shall grant a variance to any other development regulation
in this section, including but not limited to the maximum height requirement
Sec. 33-5.22. Conservation subdivision (reserved).
Sec. 33-5.23. Small single-family lot patterns (reserved).
Sec. 33-5.24. Traditional neighborhood development (reserved).
Sec. 33-5.25. Employment center patterns (reserved).
SECTION VI. That Chapter 33, Unified Development Code, Article 6, General
Development Standards is hereby amended by adding four divisions, reformatting and
adding provisions to read as follows:
ARTICLE 6. GENERAL DEVELOPMENT STANDARDS
DIVISION 1. GENERALLY.
Sec. 33-6.1. Applicability.
This Article applies to any application for development approval, except as otherwise
provided.
Sec. 33-6.2. Variances.
Where authorized in the zoning district regulations or elsewhere in this Code, an
applicant may seek a variance from these development standards pursuant to Article
XLII Board of Zoning Adjustments in Chapter 40 Zoning in the case of zoning
development approvals, or Sec. 33-2.31 Subdivision waivers of this UDC in the case of
subdivision plats.
Sec. 33-6.3. Maintenance of common areas.
The owner of parking lots, parking garages, landscape areas, frontage zones and
other areas or improvements held in common ownership shall be responsible for raising
all monies required for operations, maintenance or physical improvements through
annual dues, special assessments or other arrangements approved by the parish
attorney. A copy of binding covenants or other arrangement providing for ongoing
maintenance shall be a condition of development approval and recorded and a copy
shall be provided to the parish attorney. In the event that the association or any
successor organization shall fail to maintain the area in reasonable order and condition
in accordance with the approved plan or agreement, the parish attorney may serve
written notice upon the owner of record, setting forth the manner in which the owner of
record has failed to maintain the area in reasonable condition. Failure to adequately
maintain common areas or improvements in reasonable order and condition constitutes
a violation of this section. The parish attorney is hereby authorized to give notice, by
United States mail, to the owner or occupant, as the case may be, of any violation, and
directing the owner to remedy the same within thirty (30) days. If a homeowner’s or
property owner’s association assumes ownership, its by-laws shall provide as follows:
A. The association shall be authorized under its bylaws to place liens on the
property of residents who fall delinquent in payment of such dues or
assessments.
B. Should any bill or bills for maintenance of common areas or improvements by the
parish be unpaid by November 1 of each year, a late fee of fifteen (15) percent
shall be added to such bills and a lien shall be filed against the property in the
same manner as other parish claims.
Sec. 33-6.4. Reserved.
DIVISION 2. DESIGN STANDARDS.
Sec. 33-6.5. Block standards.
A. Adequate building sites required. Provisions of adequate building sites suitable
to the special needs of the type of land use (residential, commercial or other)
proposed for development shall comply with the minimum standards established
in the Parish Zoning Ordinance.
B. Remnants not allowed. Minimum lot sizes and dimensions for the applicable
zoning district shall be accommodated without creating unusable lot remnants.
C. Block depth. The depth of the blocks shall be arranged to allow two (2) tiers of
lots with utility servitudes, except where a single row of lots backs up to an
interstate or arterial street, canal, river or railroad right-of-way.
D. Block lengths. No residential block shall be longer than one thousand feet
(1,000’), unless it abuts the Mississippi River, an interstate or major arterial, the
hurricane protection levee or some other feature that prohibits street connectivity.
Sec. 33-6.6. Lot Standards.
Sec. 33-6.6.1. Lots generally.
A. Buildings to be on a lot. Except as permitted elsewhere in this Chapter, every
building or structure shall be located on a single lot of record. No more than one
(1) principal building is permitted on a lot; except that more than one (1)
institutional, public or semi-public, multiple-family, commercial, or industrial
building may be located on a lot, provided that the building or portion thereof
shall not be located outside the buildable area of the lot. Except for fences, no
building or structure shall be built across lot lines.
B. Lot area. Lots shall comply with the minimum dimensions established in this
Code. Where no minimum dimensions are established, all lots or development
sites shall have a minimum width at the front line of fifty (50) feet and shall not be
less than five thousand (5,000) square feet in area.
C. Lot arrangement. The lot arrangement and design shall be such that all lots will
provide satisfactory and desirable building sites, properly related to topography
and to the character of surrounding development.
D. Lot frontage. All lots shall front on a public street or private street improved to
standards established in the Jefferson Parish Subdivision Public Improvements
Standards Manual.
E. Variation in front yard. Where the average depth of existing front yards on lots
improved with buildings located within one hundred (100) feet of either side of
such lot, and within the same block and zoning district, and fronting on the same
street as such lot, is less than the minimum required front yard, the front yard
may be the average of the existing front yards.
F. Lot Lines. All lots, so far as practical, shall have side lot lines at right angles to
straight street lines or radial to curved street lines. Unusual or odd-shaped lots
having boundary lines that intersect at extreme angles shall be avoided.
G. Lot orientation:
1. Generally. For interior lots, the lot line common to the street right-of-way line
shall be the front line. All lots shall be arranged so that the rear line does not
abut the side of an adjacent lot.
2. Corner lots. The lot frontage having the shortest distance shall be the front
line for setback purposes, and shall bear the official municipal address in
accordance with provisions for survey and street address in Chapter 8 of this
Code.
3. Through lots. Both lot frontages shall be front lines for setback purposes. The
Department of Inspection and Code Enforcement shall determine which
frontage must bear the official municipal address, and the address shall be
posted on the building elevation that corresponds to the frontage that is
assigned the official address, in accordance with provisions for survey and
street address in Chapter 8 of this Code.
H. Lot remnants. No lot or parcel shall be created that fails to meet the minimum
standards of the applicable zoning district and this UDC, except pursuant to a
PUD or Planned Development that provides for the perpetual maintenance of
such remnants.
Sec. 33-6.6.2. Single-family residential lots.
A. Single-family lots less than two (2) acres. Single family lots smaller than two (2)
acres shall have a depth to width ratio not greater than three-to-one (3:1) unless
the Parish Council finds that physical constraints or ownership patterns require a
greater ratio and the resulting lots can be used for their intended purpose.
B. Cul-de-sac lots. Cul-de-sac lots shall have a minimum width of twenty (20) feet
at the street line and a minimum width that complies with applicable zoning
requirements at the front building line.
C. Flag lots. Flag lots may be allowed for residential development provided that
each lot has a minimum of fifty (50) feet of frontage and it complies with other
single family residential lot requirements;
D. Exception for long, narrow parcels. In instances where a lot or tract of land
cannot be feasibly developed without subdivision, such lot or tract of land, due to
its location and/or physical limitations, the Parish Council may authorize, by an
ordinance, the re-subdivision of such lot or tract of land (to front on a common
driveway), provided the proposed re-subdivision meets the following:
1. This provision shall apply only to zoning districts of single family dwellings,
and other districts that permit same.
2. The number of lots proposed shall not exceed five (5).
3. Each proposed lot shall not be less than the lot area, lot depth and lot
frontage required in the zoning district in which the property is situated.
4. A private or common driveway of not less than twenty-five (25) feet in width
and not more than four hundred (400) in depth (measured from the nearest
public street right-of-way intersection) shall be provided as a servitude of
access in favor of all lots.
5. Such private or common driveway shall be hard surfaced, constructed in
accordance with the parish requirements, including the fire hydrants, grade
and elevation, as specified by the Public Works Department and the Fire
Department.
6. Such private or common driveway shall contain a turning circle (cul-de-sac) of
not less than thirty (30) feet in radius, and it shall be identified by name at its
intersection with the nearest public street right-of-way.
7. Such private or common driveway shall provide frontage to the lots created,
and building setback shall be measured from the edge of such private
driveway.
8. Every lot fronting on such private common driveway shall have a lot depth of
not less than one hundred (100) feet, measured from the immediate edge of
the driveway.
9. In addition to driveway construction requirements, the Public Works Director
shall review and approve all utilities (drainage, water, sewer, etc.), and
adequate private servitudes shall be provided to accommodate said utilities,
including power and telephone lines.
10. No building permit shall be issued to erect any structures on the lots until said
driveway has been constructed to the required standards and all utilities have
been installed by the property owner(s).
11. Such private or common driveway approved pursuant to the provisions of this
ordinance shall not be maintained, reconstructed or resurfaced by the Parish
of Jefferson.
12. Each dwelling shall be located within fifty feet (50’) of the common drive.
E. Fire protection. Each single family residence within a subdivision shall be
located within two-hundred feet (200’) of a street right-of-way or three-hundred
feet (300’) of a fire hydrant or shall have an internal sprinkler system for fire
suppression.
F. Through lots. Through lots, or double-frontage lots shall be prohibited in
residentially zoned areas, except when the rear of the lot abuts an arterial street
and no access to that street is allowed. When a through lot is allowed, the
required front yard shall be provided on both streets.
Sec. 33-6.6.3. Corner lots.
A. Dimensions. Corner lots shall have a width sufficient to permit the establishment
of required building lines on both sides of the adjoining streets
B. Access. Corner lots adjacent to streets of unequal classification shall access the
street of the lesser classification (e.g., designed for the least capacity), based
upon traffic volume.
Sec. 33-6.6.4. Neighborhood norm.
The Parish Council, to maintain the stability and uniqueness of residential
neighborhoods, may consider neighborhood norm as defined in this section, in
granting or denying the request for subdivision approval where the lot(s) to be
created are not in conformity with the characteristics of the existing lots in the
immediate area. The Planning Director shall determine "neighborhood norm" based
on the following factors:
A. The immediate area is the area that consists of two (2) street blocks on either or
both sides of a street and not less than six hundred (600) feet from subject
property.
B. The neighborhood is an area possessing identifiable characteristics that are
common to the properties or lots within a subdivision or portion thereof, that may
be demarcated by a street, highway, canal or water course.
C. General purpose or intent of the original lot layout within the subdivision in
general, and in particular, within the immediate area of subject property.
D. The predominant front footage (lot width) within the immediate area of subject
property.
E. The predominant square footage (lot area) of the lots within the immediate area
of subject property.
F. The average lot area and/or lot frontage within the immediate area of subject
property.
G. The predominant lot depth within the immediate area of subject property.
H. The orientation of lots within the immediate area of the property.
I. Neighborhood stability relative to the frequency of re-subdivision of lots within the
immediate area of subject property.
Sec. 33-6.7. Building height.
Sec.33-6.7.1. Generally.
Building height shall conform to the requirements of the applicable zoning district
regulations, unless otherwise provided.
Sec. 33-6.7.2. Measurement.
Building height shall be measured as provided in Sec. 40-3 Definitions for
Building, height of in Chapter 40 Zoning of this Code.
Sec. 33-6.7.3. Height exceptions.
The height limits for the various zoning districts shall not apply to the uses
specified in Sec. 40-737 Exceptions to height requirements in Chapter 40 Zoning of
this Code.
Sec. 33-6.8. Building design.
Sec. 33-6.8.1. Purpose.
The purpose of these regulations is to provide criteria so that new buildings blend
into the architectural framework of Jefferson Parish and provide a satisfactory visual
appearance. These standards:
A. Provide a more pleasant living environment by preventing garages from
dominating the views of the neighborhood;
B. Ensure compatibility among housing types while permitting diversity in the types
of housing communities; and
C. Enhance public safety.
Sec. 33-6.8.2. Residential dwellings.
Unless otherwise specified, this section shall apply to single-family, two-family,
three-family, and four-family dwellings.
Sec. 33-6.8.3. Private garages.
The following regulations shall apply to all private garages accessory to single-,
two-, three-, and four-family dwellings, including manufactured homes and
townhouses and shall supersede any conflicting regulations applicable to accessory
structures.
A. Location.
1. Attached garages shall comply with the side yard setback requirements of the
principal structure and shall not be closer to the rear lot line than the side yard
setback of the principal structure. [5-26-10]
2. If located in front of the principal structure, a detached garage shall comply
with the side yard setback requirements of the principal structure and shall
not be less than sixty (60) feet from the front lot line. [5-26-10]
B. Garage doors.
1. Garage doors shall not exceed ten (10) feet in height, except when modified
to accommodate existing one- or two-family dwellings, including townhouses,
elevated to reduce potential flood damage. [5-26-10, 11-5-14]
2. Garage doors on street-facing attached garages shall not comprise more than
fifty (50) percent of the total width of the street-facing principal structure
façade. [5-26-10]
3. The portion of garage doors viewable from the street on street-facing
detached garages shall not comprise more than fifty (50) percent of the total
combined width of the facades of the principal structure and portion of streetfacing garage structure viewable from the street. [5-26-10]
4. On corner lots, only the front street-facing garage door shall comply with
subsections (b) and (c). [5-26-10]
C. Variance. In accordance with Article XLII, Board of Zoning Adjustments in
Chapter 40, Zoning of this Code, the Board of Zoning Adjustments may grant a
variance to the height of a private garage subject to the following criteria: [10-1310, 3-28-12]
1. The entire structure shall be set back from the side and rear lot lines an
additional one (1) foot for every additional one (1) foot or fraction thereof in
height over thirteen (13) feet, but shall not exceed the minimum side or rear
yard setback requirement of the principal structure and in no case shall
exceed nineteen (19) feet in height in a required yard; and
2. The garage shall not contain a second or higher floor used as a place of
habitation or a living room, kitchen, dining room, parlor, bedroom, or library.
Sec. 33-6.6.8.4. Exterior wall materials.
A. Compatibility. The exterior wall material(s) of the principal structure of a one-,
two-, three-, or four-family dwelling, excluding manufactured and mobile homes,
shall be compatible with the existing residential development of the parish. For
the purposes of this chapter, compatibility shall mean construction using
materials including, but not limited to, brick, stone, architectural block, stucco,
glass, wood, fiber-cement siding and/or vinyl siding, and shall specifically exclude
the use of prefabricated or corrugated metal panels and mirrored glass. [3-24-10,
3-28-12]
B. Variance. In accordance with Article XLII, Board of Zoning Adjustments in
Chapter 40, Zoning of this Code, the Board of Zoning Adjustments may grant a
variance to exterior wall materials subject to the following requirements:
1. A set of scaled drawings, including dimensioned site plan and elevations of all
exterior views noting the exterior wall materials proposed to be used and their
dimensions, shall be submitted with the application for variance; and
2. If the BZA grants a variance to the exterior wall materials of a one-, two-,
three-, or four-family dwelling, prohibited materials shall occupy less than fifty
(50) percent of the total surface area, excluding openings, of any single wall,
as documented by the required drawings.
Sec. 33-6.9. Manufactured homes.
Manufactured homes shall conform to the requirements of Article XXXVIII
Manufactured and Mobile Homes in Chapter 40, Zoning of this Code.
Sec. 33-6.10. Commercial buildings (reserved).
Sec. 33-6.10.1. Applicability (reserved).
Sec. 33-6.10.2. Large-scale commercial retail development (reserved).
Sec. 33-6.11. Building structure (reserved).
Sec. 33-6.11.1. Façade size (reserved).
Sec. 33-6.11.2. Ground-floor design (reserved).
Sec. 33-6.11.3. Street wall (reserved).
Sec. 33-6.11.4. Windows and entryways (reserved).
Sec. 33-6.11.5. Mechanical equipment (reserved).
Sec. 33-6.12. Fences and walls.
See Sec. 40-743.5 Regulations for fences in Chapter 40 Zoning of this Code.
Sec. 33-6.13. Lighting (reserved).
Sec. 33-6.14. Reserved.
Sec. 33-6.15. Reserved.
Sec. 33-6.16. Reserved.
Sec. 33-6.17. Reserved.
Sec. 33-6.18. Reserved.
Sec. 33-6.19. Reserved.
Sec. 33-6.20. Reserved.
Sec. 33-6.21. Reserved.
Sec. 33-6.22. Reserved.
Sec. 33-6.23. Reserved.
Sec. 33-6.24. Reserved.
DIVISION 3. GREENSPACE (LANDSCAPING, BUFFERING AND SCREENING, TREE
PRESERVATION) (reserved).
Sec. 33-6.25. Landscaping buffering and screening (reserved).
Sec. 33-6.25.1. Applicability (reserved).
Sec. 33-6.25.2. Generally (reserved).
Sec. 33-6.25.3. Interpretation of terms (reserved).
Sec. 33-6.25.4. Landscape plan (reserved).
Sec. 33-6.25.5. Acceptable landscape materials (reserved).
Sec. 33-6.25.6. Protection of plant areas (reserved).
Sec. 33-6.25.7. Maintenance (reserved).
Sec. 33-6.25.8. Irrigation (reserved).
Sec. 33-6.26. Buffers and screening (reserved).
Sec. 33-6.27. Streetscape landscaping (reserved).
Sec. 33-6.28. Building landscaping (reserved).
Sec. 33-6.29. Parking lot landscaping (reserved).
Sec. 33-6.30. Entrance landscaping (reserved).
Sec. 33-6.31. Tree preservation (reserved).
Sec. 33-6.32. Reserved.
Sec. 33-6.33. Reserved.
Sec. 33-6.34. Reserved.
DIVISION 4. PARKING AND STORAGE STANDARDS.
Sec. 33-6.35. Parking, loading, and clear vision.
See Article XXXV in Chapter 40 of this Code.
Sec. 33-6.36. Outdoor storage (reserved).
SECTION VII. That Chapter 33, Unified Development Code, Article 7, Adequate
Public Facilities Required, is hereby amended by reformatting and renumbering, to read
as follows:
Sec. 33-7.1. Generally.
This Article establishes standards for water, wastewater, stormwater management,
streets, and other utilities and facilities, whether provided by Jefferson Parish or some
other entity. These standards are supplemented by the Jefferson Parish Subdivision
Public Improvements Standards Manual and the Fire Prevention Code for the Parish of
Jefferson, which provide details necessary for infrastructure design.
Sec. 33-7.1.1. Purpose.
A. The purpose of these regulations is to promote development that is served by
public facilities at the levels of service established by Jefferson Parish, which are
adequate to support and service the area of the proposed development. Land
shall not be approved for development unless and until adequate public facilities
exist or provision has been made for the following essential public facilities:
water service, wastewater treatment and disposal, stormwater management,
electrical service, and street facilities.
B. New development shall provide adequate facilities and services, including
required servitudes, to accommodate demands from proposed development in
conformance with the minimum standards established in this UDC and other
design and improvement standards adopted by the Parish.
C. Unconstructed improvements shall be guaranteed prior to the recording of the
final plat.
D. New development shall be phased at a pace that will ensure the provision of
adequate community facilities and services for proposed and future development.
E. Each development project shall be designed so that the project is capable of
functioning effectively and independently at completion of each phase.
F. Adequate on-site roadway facilities and access to the proposed development
shall be provided concurrently with the demands created by new development
and shall be designed and constructed in conformance with applicable State and
Parish standards.
G. All Essential Public Facilities shall be inspected, approved, and accepted by the
Parish prior to:
1. Recording of the plat if the applicant chooses to build rather than guarantee
improvements; or
2. Release of improvement guarantee if the applicant chooses to guarantee
improvements, or
3. Issuance of a Building Permit unless the Public Works Director finds that
improvements are substantially complete. In no case shall a Certificate of
Occupancy be granted prior to acceptance of Adequate Public Facilities.
Sec. 33-7.1.2. Consistency with Comprehensive Plan required.
Proposed public improvements shall conform to and be consistent with the
Jefferson Parish Comprehensive Plan and applicable capital improvements plans.
Sec. 33-7.1.3. Water.
All habitable buildings and buildable lots shall be connected to a public or private
water system capable of providing water for health and emergency purposes,
including adequate fire protection.
Sec. 33-7.1.4. Wastewater.
All habitable buildings and buildable lots shall be served by an approved means
of wastewater collection and treatment.
Sec. 33-7.1.5. Stormwater management.
Drainage improvements shall accommodate potential runoff from the entire
upstream drainage area and shall be designed to prevent increases in rate and
velocity of existing runoff to avoid increases in downstream flooding. The Parish
shall require the use of control methods such as retention or detention, and/or the
construction of on-site and off-site drainage improvements to mitigate the impacts of
the proposed development.
Sec. 33-7.1.6. Streets.
Proposed streets shall provide a safe, convenient and functional system for
vehicular, pedestrian and bicycle circulation; shall be consistent with the
Comprehensive Plan as well as adopted transportation plans; and shall be
appropriate for the particular traffic characteristics of each proposed development.
Adequate street capacity and street design and construction shall conform to all
applicable Parish Codes. New development shall construct on-site transportation
facilities needed to meet the demands attributable to the development and provide
safe access to the property. Such roadways shall be provided concurrently with new
development. The subdivider shall provide the grading of the entire street right-ofway, alley or public place and pave the streets. Dedication of rights-of-way and
other access servitudes necessary for needed transportation facilities for current and
future phases shall be required of new development.
Sec. 33-7.1.7. Parks and open space (reserved).
Sec. 33-7.1.8. Location of utilities.
All utilities provided as new installations within a subdivision shall be placed in
the right-of-way or in servitudes and shall be provided underground unless a waiver
has been granted by the Parish Council. This provision shall not apply to
development in an industrial zoning district.
Sec. 33-7.1.9. Extension and oversizing policies.
A. All public improvements and required servitudes shall be extended through the
parcel on which new development is proposed. Streets, water lines, wastewater
systems and drainage facilities shall be constructed through new development to
promote the logical extension of public infrastructure to serve future growth.
B. The Parish may require the applicant of a subdivision to extend off-site
improvements to reach the subdivision or to oversize required public facilities to
serve anticipated future development as a condition of plat or plan approval.
C. The Parish shall have the option to establish a public improvement district that
will reimburse the developer for excess improvements costs, to use an “excess
capacity” sharing arrangement between the applicant and subsequent
developers of adjacent property benefiting from the oversized facilities or to
directly reimburse the developer for excess land and facility costs.
D. For the purposes of this section, excess improvements costs shall be the costs
required in excess of the applicant’s proportionate share of the public
improvement based on the demands generated by the proposed development,
but excess costs shall not include any of the following:
1. The costs of installing up to an eight (8) inch water line, including necessary
system loop, and connections to the nearest water main;
2. The costs of installing up to an eight (8) inch sewer line and connections it to
the nearest sewer main;
3. The costs of retaining or detaining on-site all increases in stormwater run-off;
4. The cost of building a collector street, or, if the collector follows the property
line, the cost of dedicating land and building a local street along the property
line.
Sec. 33-7.1.10. Phasing.
All development that occurs in multiple phases shall be subject to development
agreements coordinating the timing and funding of needed infrastructure with
demands for the infrastructure.
Sec. 33-7.1.11. Servitudes/rights-of-way.
Except as otherwise provided in this UDC, an applicant for a development
approval shall ensure that adequate on-site and off-site servitudes are provided for
future roadways, water, wastewater and other public utilities.
A. The property owner shall grant adequate utility servitudes for all public and
private utilities as required by the Public Works Director or private utility provider.
Minimum servitude widths shall be a total of twenty (20) feet along side or rear
property lines for water and sewer utilities, which may straddle a property line.
Utility servitudes shall be shown on the plat and dedicated in conjunction with
recordation of the Plat.
B. Servitudes shall be dedicated outside and along street rights-of-way as
determined by the Public Works Director or private utility provider to be
necessary for utilities and storm sewers. Unless otherwise authorized or
required by the Public Works Director, utilities within or adjacent to street rightsof-way shall be scheduled consistent with the Jefferson Parish Subdivision Public
Improvements Standards Manual.
C. Wherever practical, servitudes shall be located along lot lines. No buildings or
structures, except as necessary for utilities, shall be permitted within or on
servitudes. Fences or walls may be constructed in public servitudes, except
rights-of-way, at the risk of the property owner.
The Parish bears no
responsibility for replacement of structures damaged through authorized activities
within a servitude.
D. The applicant shall provide adequate on-site rights-of-way for anticipated traffic
demands in a manner consistent with this UDC, the Comprehensive Plan and
project specific Traffic Impact Analysis (“TIA”), if applicable. If a TIA shows that a
proposed development creates the need for additional off-site right-of-way, the
applicant shall be required to provide or fund acquisition of required right-of-way
prior to development approval. Funding for off-site improvements shall be limited
to the developer’s proportional share of the costs that are attributable to
demands projected to be generated by the proposed development.
E. Whenever any canal is located in a proposed subdivision, the subdivider shall
provide a thirty-five (35) feet servitude from the top of the bank of each side of
the canal and a fifteen (15) feet servitude from the top of the bank along each
side of the ditch for the purpose of widening, deepening, sloping, improving,
maintaining or protecting the canal or ditch, and such servitude shall be
dedicated to the Parish or other appropriate public agency.
F. Whenever any subsurface drain line is located in a proposed subdivision, the
subdivider shall provide a servitude equal to the total of half the diameter of the
pipe plus ten (10) feet on each side of the center line of the drain line for the
purpose of maintenance or improvement.
Sec. 33-7.1.12. Construction and materials.
Except as otherwise provided in this UDC, the construction and material
specifications of all public improvements shall comply with the Jefferson Parish
Subdivision Public Improvements Standards Manual.
Sec. 33-7.1.13. Inspections/acceptance.
The Parish or its authorized agent shall inspect public improvements to ensure
such improvements are constructed to Parish standards and specifications. Parish
acceptance of required improvements shall be required prior to the issuance of a
Building Permit, except as otherwise provided herein.
Sec. 33-7.1.14. Maintenance.
The Parish shall require maintenance guarantees for all public improvements as
a condition of accepting such improvement.
Sec. 33-7.1.15. Scheduling utilities and streets.
The Public Works Director shall approve the locations and designs of all public
improvements. Utilities within or adjacent to public rights-of-way shall be arranged in
accordance with the Jefferson Parish Subdivision Public Improvements Standards
Manual.
Sec. 33-7.1.16. Mitigation.
When adequate facilities are not available, the Parish may allow the phasing of
development, reductions in demands, advancement of needed facilities or other
measures to ensure that facilities are available when needed to meet the demands
from new development.
Sec. 33-7.2. Water.
Centralized water service required to provide for normal and emergency flows.
Sec. 33-7.2.1. Generally.
Where a subdivision is located within the Parish, each lot therein shall be
provided with a connection to the Parish water system. Fire hydrants shall also be
installed in all subdivisions within the Parish. The water supply system shall be
designed and constructed under the direction and control of the Parish and shall
conform to the Jefferson Parish Subdivision Public Improvements Standards Manual
and applicable provisions of the adopted Fire Prevention Code for the Parish of
Jefferson. The applicant shall pay all applicable fees as a condition of extension of
water service.
Individual service connections within single-family residential
subdivisions shall be extended from the main to each lot, and clearly marked. The
installation shall conform to standards and requirements and be subject to the
approval of appropriate Parish and State authorities.
Sec. 33-7.2.2. Design.
Designs shall conform to the Jefferson Parish Public Works Improvement Standards.
A. Size. The minimum size for water mains shall be eight (8) inches. However, the
Engineering Director may require a larger diameter for approved dead-end mains
to facilitate maintenance.
B. Loops. The Parish may require looping of lines to provide adequate flow and
system circulation.
C. Fire hydrants. Fire hydrants shall be located to meet adopted fire code
requirements. The Parish may require any residence set back more than twohundred fifty (250) feet from a street right-of-way to be sprinkled unless a fire
hydrant is located within three-hundred (300) feet of the residence.
Sec. 33-7.2.3. Construction and materials.
Water systems shall be designed and constructed in conformance with the
Jefferson Parish Subdivision Public Improvements Standards Manual.
Sec. 33-7.2.4. Off-site improvements.
The developer shall provide for on-site and off-site improvements required to
adequately serve a proposed development. In no event shall approval be granted to
allow occupancy prior to connection to an adequate public water supply.
Sec. 33-7.2.5. Extension/oversizing.
Water mains shall be a minimum of eight (8) inches in diameter unless otherwise
approved by the Engineering Director. The Parish Council may require that water
mains be oversized and be phased in coordination with the pace of new
development to ensure the development will be adequately served by community
facilities and services. The subdivider shall be required to provide water systems
with adequate capacity to serve the subdivision. Water systems shall be extended
to the boundaries of the subdivision when required to facilitate future extensions of
such systems. When oversizing of a water main in excess of the design standards
of these regulations is required by the Parish Council to facilitate system expansion,
the Parish may provide for reimbursement of excess construction costs.
Sec. 33-7.2.6. Water system servitudes.
The applicant shall dedicate servitudes required to accommodate all water
system facilities to serve new development, except individual service lines. The
Public Works Director shall approve the location and dimensions of required
servitudes. Servitudes shall follow property lines to the greatest extent possible.
Sec. 33-7.3. Wastewater.
Centralized sewer service required within the Hurricane Protection Levee (HPL)
except as provided in this section of the UDC.
Sec. 33-7.3.1. Generally.
All habitable buildings and buildable lots shall be served by an approved means of
wastewater collection and treatment as described herein.
A. Each lot shall be provided with a connection to a sanitary sewer.
B. The applicant shall pay appropriate fees as a condition of connection to the
public sanitary sewer system.
C. Centralized sewer collection systems shall be used only for sewage disposal;
flow from gutters or other extraneous sources shall not be directed to the
wastewater system.
Sec. 33-7.3.2. Sewerage facilities.
A. Connections. Sewer connections shall extend to each lot. All connections
between the Parish sewer system and the subdivision sewer system shall comply
with the applicable adopted ordinance of the Parish pertaining to sewers and all
construction of the system shall be subject to the direction and approval of the
Public Works Director.
B. Facilities required. All lots shall be individually sewered with the grades and
sizes as required by the Public Works Director.
Sec. 33-7.3.3. Design criteria.
Wastewater systems shall be designed to comply with the Jefferson Parish
Subdivision Public Improvements Standards Manual and applicable state
regulations. These design standards are not intended to cover extraordinary
situations. Deviations will be allowed and may be required in those instances where
recommended by the Public Works Director.
Sec. 33-7.3.4. Construction and materials.
Wastewater systems shall be designed and constructed in accordance with the
Jefferson Parish Subdivision Public Improvements Standards Manual.
Sec. 33-7.3.5. Off-site improvements.
The developer of a parcel shall provide for on-site and off-site improvements
required to adequately serve the proposed development, provided, however, that the
Public Works Director may authorize development to proceed if the service provider
certifies that the necessary capital improvements have been funded for construction
within two (2) years of recordation of the final plat. In no event shall approval be
granted to allow occupancy prior to connection to an approved wastewater system
unless the Council has approved an interim service plan and has received a
performance bond.
Sec. 33-7.3.6. Extension/oversizing.
The Council may require that wastewater systems and water lines be over-sized
to accommodate future development. The subdivider shall be required to provide
wastewater systems with adequate capacity to serve the subdivision. Wastewater
systems shall be extended to the boundaries of the subdivision when required to
facilitate future extensions of such systems. When oversizing of a sewer main in
excess of the design standards of these regulations is required by the Parish Council
for system expansion, the Parish may provide for the reimbursement of excess
construction costs.
Sec. 33-7.3.7. Wastewater system servitudes.
The developer shall dedicate adequate servitudes to accommodate all
wastewater system facilities required to serve new development, except individual
service lines. The Public Works Director shall approve the location and dimensions
of required servitudes. Servitudes should follow property lines to the greatest extent
possible. Where other utility lines are placed adjacent to the sewer, additional
servitudes shall be required.
Sec. 33-7.3.8. On-site wastewater systems (reserved).
A. Generally (reserved).
B. Permit required (reserved).
C. Failure to comply with stop work order (reserved).
D. One (1) residence per individual on-site system(reserved).
E. Private waste treatment system, public nuisance not permitted (reserved).
F. Private waste treatment, issuance of permit (reserved).
G. Private wastewater treatment, standards (reserved).
H. Sewage treatment, alternative method (reserved).
Sec. 33-7.4. Stormwater.
Sec. 33-7.4.1. Purpose.
Development shall be laid out to provide proper drainage of the area being
subdivided, including facilities such as curb and gutter, catch basins, canals,
culverts, bridges and natural waterways.
Drainage improvements shall
accommodate potential runoff from the entire upstream drainage area and shall be
designed to reduce or prevent increases in downstream flooding. Stormwater
drainage systems shall be separate and independent of any sanitary sewer system
whether public or private. The Parish shall require the use of control methods such
as retention or detention, and/or the construction of off-site drainage improvements
to mitigate the impacts of the proposed development to achieve these purposes.
Sec. 33-7.4.2. Design standards.
The design of the storm drainage system shall be done in accordance with the
Jefferson Parish Subdivision Public Improvements Standards Manual. The Public
Works Director must grant exceptions to these requirements in writing.
A. On-site stormwater detention or retention basins shall be required where needed
to protect public or private property from increased volumes or velocity of
stormwater runoff.
B. Erosion and sedimentation controls shall be required during and after new
construction as needed to prevent increased erosion or increased deposits of
material downstream from the development.
C. Stormwater systems shall be designed to minimize future operational and
maintenance expenses. All stormwater facilities shall be underground unless the
Engineering Director determines that open facilities are more appropriate.
Sec. 33-7.4.3. Construction and materials.
Stormwater improvements shall be designed and constructed in accordance with
the Jefferson Parish Subdivision Public Improvements Standards Manual.
Sec. 33-7.4.4. Assessment of adequacy.
A. For all proposed developments, other than single-family residential, totaling ten
thousand (10,000) square feet or more (all phases), and all single family
residential developments totaling five (5) acres or more (all phases), the ten (10)
year storm event post-development rate of run-off shall not exceed the ten (10)
year storm event pre-development rate of run-off. To insure that the postdevelopment rate of run-off does not exceed the pre-development rate of run-off,
on-site detention will be required in a manner approved by the Jefferson Parish
Public Works Department. The detention system cannot release water from the
site at a rate greater than the pre-development rate of run-off.
B. The design concepts for detention facilities and determination of storm run-off
shall be consistent with sound hydrological and hydraulic engineering principles
and practices, and the provisions of the Jefferson Parish Subdivision Public
Improvements Standards Manual. The Public Works Director shall approve any
and all modifications to the drainage manuals.
C. The developer shall submit drainage design calculations including a drainage
map along with engineering plans to the Public Works Department for approval
by the Engineering Director. The drainage map shall include a line diagram
reflecting the existing drainage system from the outfall end of the proposed
development to the receiving outfall canal, reflected in the applicable current
master drainage plan. The developer shall also submit calculations showing the
impacts to the detention facility from a one hundred (100) year storm event.
D. Drainage calculations shall consider all relevant information that would affect the
hydraulics of the drainage system including, but not limited to, the following:
1. Drainage basin characteristics;
2. System hydraulics; and
3. Other external influences upstream and downstream from the drainage
system that may impact or be impacted by the proposed system.
E. Drainage calculations shall consist of:
1. Ten (10) year pre-development flow;
2. Ten (10) year post-development flow;
3. Description of release facility and volume of release versus depth of storage
in detention facility for ten (10) year and one hundred (100) year storm
events;
4. Maximum depth of water in the detention facility for design storms;
5. Description of impact to the proposed facility resulting from increased depth of
storage; and
6. The description of how the system will be maintained.
F. Unless unstable or highly erosive soil conditions indicate a lower design velocity
is desirable, or unless ditch paving at the outlet is provided, the maximum
velocity for culvert design shall adhere to the criteria in the Jefferson Parish
Subdivision Public Improvements Standards Manual.
G. The Public Works Director shall review for approval each proposed development
covered by this section prior to the issuance of permits to proceed with said
development. Any decision in which the Public Works Director denies a request
or which requires a waiver shall be submitted to the Citizens’ Drainage Advisory
Board for review and recommendation. Decisions of the Citizens’ Drainage
Advisory Board recommending approval of a waiver shall be submitted for final
approval by the Parish Council.
H. Any denial of a waiver request by the Citizens’ Drainage Advisory Board may be
appealed to the Parish Council for final resolution.
Sec. 33-7.5.Transportation.
Sec. 33-7.5.1. Streets, generally.
A. Full capacity. All development shall be provided with safe and adequate access
via street or driveway, designed in accordance with appropriate Parish and State
requirements to accommodate development at maximum planned densities
unless the applicant restricts future subdivision through deed restrictions. Street
systems shall be designed and constructed in accordance with this Section.
B. Required level of service.
No development shall be approved if such
development, at full occupancy, will result in an increase of traffic on a street
above adopted standards. The applicant may propose and construct approved
traffic mitigation measures to provide adequate roadway capacity for the
proposed development. The applicant may be required by the Parish to submit a
Traffic Impact Analysis (TIA), as applicable.
C. Conformance to existing plans. Arterials and collector streets shall follow routes
consistent with those established in the Comprehensive Plan, Jefferson Parish
Thoroughfare Plan and other adopted Parish plans.
D. Commercial and industrial developments.
In commercial and industrial
developments, the streets and other accessways shall be planned in connection
with the grouping of buildings, location of rail facilities, and the provision of alleys,
truck loading and maneuvering areas, and sidewalks and parking areas to
minimize conflict of movement between the various types of traffic, including
pedestrian.
Sec. 33-7.5.2. Street design standards.
A. Street design, generally. The standards established by this Section shall apply to
all public and private streets in Jefferson Parish. The Comprehensive Plan and
Jefferson Parish Thoroughfare Plan shall be used to determine the location and
design of future arterial and collector streets. Street and sidewalk design and
construction, including off-site improvements and drainage, shall be in
conformance with the Jefferson Parish Subdivision Public Improvements
Standards Manual. Exceptions to the requirements of this section shall be
obtained in writing from the Engineering Director.
B. Street classification. All streets shall be classified as in accordance with the
Jefferson Parish Thoroughfare Plan. Any existing street that is not already
classified in the Jefferson Parish Thoroughfare Plan shall be considered to be a
local street, unless otherwise designated by the Planning Director in consultation
with the Public Works Director and subject to confirmation by the Parish Council.
In classifying streets, the Parish shall consider projected traffic demands after
twenty (20) years of development.
C. Street cross-section standards:
1. All street improvements intended to be accepted for maintenance by the
Parish shall be designed according to the standards established in the
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
Jefferson Parish Thoroughfare Plan and in accordance with the Jefferson
Parish Subdivision Public Improvements Standards Manual.
2. Local streets shall have a minimum right-of-way of at least fifty (50) feet in
width and shall be paved for a width of twenty-six (26) feet, measured from
back of curb to back of curb. Where the Parish Council finds that a hardship
exists, a minimum right-of-way of no less than forty (40) feet may be
accepted, subject to the provision of servitudes on each side of the street
measuring at least five (5) feet in width and minimum setbacks of thirty (30)
feet for front loading garage doors.
Alignment. Local streets shall maintain connectivity, but shall be aligned to
discourage use by through traffic. Arterial and collector streets shall establish
continuous routes.
Street extensions. Proposed streets shall be extended to the boundary lines of
the tract to be subdivided, unless the Parish Council determines that such
extension is not feasible.
Traffic calming. The Parish may require traffic calming in accordance with the
Jefferson Parish Thoroughfare Plan for neighborhood collector or local streets
through residential neighborhoods, within one-quarter (1/4) mile of a park or
school, or any other location where the Parish finds the need to abate traffic
speed to promote a safer pedestrian environment.
Adequate traffic circulation. Neighborhood collector and local streets shall be
designed to discourage through traffic, but shall be designed to safely convey all
anticipated traffic.
Lot access. Every lot shall have approved access to a public right-of-way or
private street designed in conformance with the Jefferson Parish Subdivision
Public Improvements Standards Manual. Driveways shall be reviewed and
approved by the Public Works Director.
Street connections. Streets shall connect with those already dedicated in
adjoining or adjacent subdivisions and provide for future connections to adjoining
unsubdivided tracts whenever feasible. New development shall, at a minimum,
meet the following access and connectivity standards:
1. Any collector or arterial street connection shown in the Jefferson Parish
Thoroughfare Plan shall be extended through the subdivision and connect to
existing or planned extensions of the street.
2. Except where a subdivision abuts a canal, river, railroad, interstate or major
arterial, at least one (1) street connection per one thousand (1,000) feet shall
be provided to the abutting property along the subdivision perimeter.
3. For gated communities with private streets, the parish council may modify the
standards of paragraph 2 (above) after addressing connectivity needs for
emergency access, traffic patterns in the vicinity of the subdivision and
bicycle/ pedestrian needs.
Dead-end streets. Permanent dead-end streets are prohibited. Except as
authorized by the Parish Council, all proposed streets must be extended to the
property line. The Council may require the construction of a temporary
turnaround having a minimum radius as provided in the following paragraph, or
other design approved by the Fire Department. Any dead-end street more than
six-hundred (600) feet long shall be provided with a turn-around at the closed
end at least sixty (60) feet in radius.
Temporary dead-end streets. If the adjacent property is undeveloped and the
street must temporarily be a dead-end street, the right-of-way shall be extended
to the property line. A temporary cul-de-sac, T- or L-shaped turnabout shall be
provided on all temporary dead-end streets, with the notation on the subdivision
plat that land outside the normal street right-of-way shall revert to abutting
property owners whenever the street is continued. The Parish may limit the
length of temporary dead-end streets in accordance with these regulations.
Corrections/jogs. Offset streets shall be avoided where possible. Street jogs
with centerline offsets of less than one-hundred twenty-five (125) feet shall not be
permitted, except where the intersected street has divided lanes without median
breaks.
Intersection of streets. The angle of intersection between streets shall not vary
by more than ten (10) degrees from a right angle unless the intersection is
configured as a traffic circle.
N. Minimum curb radius. At the intersection of two (2) local streets, the minimum
curb radii shall be a least twelve (12) feet. At an intersection involving a collector
or arterial street, the minimum curb radii shall be at least twenty-five (25) feet.
Alley intersections and abrupt changes in alignment within a block shall have the
corners cut off in accordance with standard engineering practice to permit safe
vehicular movement.
O. Cul-de-sac streets. Cul-de-sacs and courts shall be no longer than six-hundred
(600) feet measured from the intersection of the centerlines of the cul-de-sac and
the street from which it begins to the farthest curb face. The Parish may require
a pedestrian crosswalk located in a fifteen (15) feet wide servitude to connect the
cul-de-sac with adjacent development. The minimum dimensions for the
pavement width and right-of-way width shall be as shown in Table 33-7.5.21.
Table 33-7.5.2-1: Cul-de-sac Standards
Cul-de-sac length Minimum
pavement Minimum
right-of-way
radius
radius
Less than 300 ft
38 feet
50 feet
300 ft or more
60 feet
72 feet
P. Pedestrian walkways. Where blocks are over six-hundred (600) feet in length,
the Parish may require a pedestrian crosswalk located in a fifteen (15) feet wide
servitude near the center of the block.
Q. Alleys. Alleys with a twenty (20) feet wide right-of-way and eighteen (18) feet of
paved roadway may be required in commercial areas, in the rear lots of multiple
family districts unless other adequate provisions are made for service and
deliveries, and where justified by special conditions such as the continuation of
an existing alley in the same block. Alleys are not required in residential districts.
Dead-end alleys are prohibited.
R. Half streets. Half streets are prohibited, except where an existing platted half
street abuts the subdivision. Where a platted half street exists, the other half
street shall be required to be completed by the applicant.
S. Street names. Streets in alignment with existing streets shall bear the names of
the existing streets. Proposed street names that are in conflict with existing
street names shall not be approved.
T. Street dedication. No street shall be accepted by the Parish unless it meets the
design standards established by this UDC.
U. Reserve strips. Where streets approach a property line of a tract being
subdivided, the right-of-way shall extend to the edge of the property to allow for
connectivity between abutting properties. Reserve or spite strips are prohibited.
Sec. 33-7.5.3. Street construction standards.
Streets shall be designed and constructed to comply with the Jefferson Parish
Subdivision Public Improvements Standards Manual.
Sec. 33-7.5.4. Alleys.
Alleys may only be approved as part of a PUD or Planned Development and
shall be considered private drives that are subject to a Parish approved maintenance
program.
Sec. 33-7.5.5. Reserved.
Sec. 33-7.5.6. Traffic control.
Traffic control devices shall be provided for new development pursuant to
standards adopted by the Parish or State, as applicable.
Sec. 33-7.5.7. Access standards.
A. Purpose. The purpose of regulating the amount and nature of vehicular access
points is to balance the need for providing access to individual private properties
with the need to preserve an adequate level of capacity on the streets providing
access. Vehicular access restrictions may be required to be shown on
subdivision plats.
B. Access to arterials. Where a residential subdivision borders on or contains an
existing or proposed arterial, the Parish may require that access to such streets
be limited by one of the following means:
1. Lots shall back onto the arterial and front onto a parallel collector or local
street; no access shall be provided from the arterial; or
2. A series of cul-de-sacs, U-shaped streets, or short loops entered from and
designed generally at right angles to the arterial; or
C.
D.
E.
F.
3. A marginal access or service road separated from the arterial by a ten (10)
feet wide planting strip and having access at suitable points.
4. Secondary access. For public safety and convenience, secondary access
shall be provided for any single family residential development with thirty (30)
or more homes, or any other development projected to generate more than
three-hundred (300) trips per day, or any development that derives its sole
access from a street projected to carry more than three-hundred (300) trips
per day.
Railroads, interstates or major arterials: Railroad rights-of-way, interstates, and
major arterials, where so located as to affect the subdivision of adjoining lands,
shall be treated as follows:
1 In residential zoning districts, buffers shall be provided adjacent to the railroad
right-of-way, interstate or major arterial. Buffers shall measure at least fifty
(50) feet in width and shall include at least one tree every thirty-five (35) feet
and a combination of fencing, walls, berms and/or landscaping necessary to
establish a six (6) feet tall opaque buffer within two (2) years of plat approval.
This strip shall be part of the platted lots and shall be designated on the plat.
2. In districts zoned for business, commercial or industrial uses, wherever
practicable, the nearest street extending parallel or approximately parallel to
the railroad right-of-way shall be at a sufficient distance from the railroad
right-of-way to ensure suitable depth for commercial or industrial sites.
3. When streets parallel to the railroad right-of-way intersect a street that
crosses the railroad right-of-way at grade, they shall, to the extent practicable,
be at a distance of at least one-hundred fifty (150) feet from the railroad rightof-way. Such distance shall be determined with due consideration of the
minimum distance required for future separation of grades by means of
appropriate approach gradients.
Driveway permits. A driveway permit, issued by the Inspection and Code
Enforcement Director shall be required for all single family residences and any
multiple family development encompassing five (5) or more dwelling units.
Driveway permits for all other uses shall be obtained from the Public Works
Director prior to the construction of any new access point. When a traffic study is
required, no driveway permit will be issued until the traffic study process has
been completed. For the purposes of evaluating driveway permit requests, the
boundary of the site is considered to be all contiguous parcels under the same
ownership on the date of adoption of this provision. Any non-residential change
in use resulting in the following will require a new driveway permit:
1. An increase of greater than fifty (50) peak hour trips, or
2. A ten (10) percent increase in average daily trips of an existing nonresidential or multi-family development, or
3. Over ten (10) additional daily vehicle trips made by vehicles exceeding thirtythousand (30,000) pounds gross vehicle weight.
Driveway design standards:
1. Dimensions. Unless required for emergency access, the minimum driveway
width shall be twelve (12) feet for residential and fifteen (15) feet for nonresidential land uses, and the maximum driveway width shall be twenty-five
(25) feet for residential and thirty-five (35) feet for non-residential land uses.
The minimum thickness shall comply with adopted improvement standards.
2. Approach. The driveways adjacent to paved roads shall provide a concrete
driveway approach from the property line to the roadbed edge.
Substandard access. Where access standards or design objectives of this UDC
cannot be met, the Public Works Director shall be guided by the following
process in determining whether substandard access may be permitted.
1. The Public Works Director shall first determine whether alternate access to
another street exists that meets the standards of the Code.
2. Where alternate access opportunities are determined not to exist, the Public
Works Director may grant a reduction in spacing standards of up to twenty
(20) percent.
3. If after considering alternatives subject to subsections a. and b. above, the
Public Works Director determines that no feasible alternatives exist, a
substandard access permit may be granted as a subdivision waiver subject to
the following findings:
a. Conditions or circumstances exist which limit the strict application of the
requirements of this UDC, including the lack of a secondary access to
another public street, the inability to use joint access, and the lack of
engineering or construction solutions that can be applied to mitigate the
condition;
b. The proposed access will not result in undue delay or congestion or be
detrimental to the safety of motoring public using the roadway; and
c. The limiting access will create an exceptional and undue hardship on the
applicant and that the permit issued will allow a reasonable use of the
property.
Sec. 33-7.5.8. Oversizing streets.
A. Responsibility. Where a designated street, according to the Jefferson Parish
Thoroughfare Plan, runs through the proposed subdivision, the applicant shall be
responsible for the costs of construction of such street to a collector street
standard unless the development generates sufficient traffic to justify
construction of an arterial street.
B. Reimbursement and costs. If the designated street exceeds the collector
standard, the applicant shall be required to construct the designated street
subject to reimbursement by the Parish for the construction cost of the difference
between the collector street and arterial street. Should reimbursement funds by
the Parish not be available, the applicant’s responsibility for construction shall be
limited to a collector standard; however, the development and street design shall
be modified to facilitate future expansion of such street. The plat shall identify
anticipated future right-of-way required for compliance with the Jefferson Parish
Thoroughfare Plan and no buildings may encroach into future right-of-way. The
maximum allowable density or intensity of development on the site shall be
calculated based on the area of the property prior to the dedication of the
additional right-of-way.
Sec. 33-7.5.9. Other improvements.
A. Sidewalks and pedestrian paths standards:
1. Required. Sidewalks or pedestrian paths shall be required along all parish
streets.
2. Design. Walkways shall be designed to comply with the Americans with
Disabilities Act, provided that the Council may approve a different standard
for walkways across private property.
3. Location. All required walkways shall be located within a dedicated right-ofway or access servitude. A median strip of grass or landscaped area at least
three (3) feet wide shall separate all sidewalks from adjacent curbs unless
approved by the Public Works Director.
4. Servitudes. Sidewalk and path servitudes shall be a minimum of ten (10) feet
in width if adjacent to a public street or land. The minimum width of the
sidewalk/path servitude between the rear or side lot lines of a parcel shall be
fifteen (15) feet, unless approved otherwise by the Parish Council.
B. Street signs. All streets, including private streets, shall be identified with street
signs properly named. The applicant shall deposit with the local government at
the time of final subdivision approval the set fee for each street sign required by
the Public Works Director. The Parish shall install all street signs before
issuance of a Certificate of Occupancy for any residence on the streets
approved. Street name signs shall be placed at all intersections within or
abutting the subdivision, the type and location of which shall be approved by the
Public Works Director.
C. Street lighting. Installation of street lights shall be required in accordance with
design and specification standards approved by the Public Works Director.
D. Utilities:
1. Location. All utility facilities including, but not limited to, gas, electric power,
telephone and CATV cables shall be located underground throughout the
subdivision. All utility facilities existing and proposed throughout the
subdivision shall be shown on the preliminary plat.
2. Servitudes. Servitude widths shall be established between the subdivider and
the applicable utility companies for the establishment of utility servitudes
established in adjoining properties.
Sec. 33-7.5.10. Traffic impact analysis.
The intent of this Section is to provide the information necessary to allow
decision-makers to assess the transportation implications of traffic associated with a
proposed development, to address the transportation-related issues associated with
development proposals that may be of concern to neighboring residents, business
owners and property owners, and to provide a basis for negotiation regarding
improvements and funding participation in conjunction with an application for
development. This Section establishes requirements for the TIA and evaluation of
transportation impacts associated with proposed developments.
A. Purpose. A Traffic Impact Analysis (“TIA”) will be required for certain permitted
and Special Permitted Uses, Major Subdivisions and Site Plans exceeding
specific trip generation thresholds. The purpose of a Traffic Impact Analysis will
be to:
1. Evaluate traffic operations and impacts at site access points under projected
peak period traffic loads;
2. Evaluate the impact of site-generated traffic on affected intersections in the
vicinity of the development site;
3. Evaluate the impact of site-generated traffic on the quality of traffic flow within
a reasonable distance of the site of development;
4. Evaluate the impact of the proposed development on neighborhood collector
or local streets in the vicinity of the site;
5. Ensure that site access and other improvements needed to mitigate the traffic
impact of the development meet commonly accepted engineering design
standards;
6. Ensure that adequate facilities for pedestrians, transit users and bicyclists
have been provided;
7. Identify transportation infrastructure needs and related costs created by the
development and cost sharing on needed improvements.
B. Applicability. Traffic Impact Analysis shall be required for any amendments to
the official zoning map or future land use map, subdivision review, special
permitted use, or site plan under the following described conditions; or as
otherwise required in the Jefferson Parish Code of Ordinances:
1. The proposed use will generate seven-hundred fifty (750) or more average
daily trips, according to most current versions of the Institute of Transportation
Engineers (“ITE”) Trip Generation Informational Report or comparable
research data published by a public agency or institution; or
2. The proposed development will concentrate one-thousand five-hundred
(1,500) or more trips per day through a single access point; or
3. The proposed development will include thirty (30) or more dwelling units
taking sole access from an existing or planned neighborhood collector or local
street; or
4. The proposed development will include a drive-through facility or structural
parking lot entrance that will result in traffic spillover onto a public street,
when eight (8) or more vehicles are queued at the facility; or
5. Any residential project accessing an arterial street; or
6. Any development that is subject to a state requirement for a traffic impact
study. [8-31-2011]
C. Waiver. The requirements of this section for a TIA may be waived by the
Planning Director, Public Works Director and Parish Traffic Engineer when it is
determined that such report is not necessary to determine needed road
improvements or that no unsafe or hazardous conditions will be created by the
development as proposed.
D. Preparation. The TIA shall be prepared by a Licensed Professional Engineer or
AICP certified planner with qualifications and no less than five (5) years
experience in the preparation of traffic analyses.
E. Traffic service standards. The standards for traffic service that shall be used to
evaluate the findings of traffic impact studies are:
1. Level of service. For collector or local streets, a level of service (“LOS”) “C”
or better shall be maintained. On any arterial or higher order street a LOS “D”
or better shall be maintained. Where the existing LOS is below these
standards, the TIA shall identify those improvements required to ensure that
development related traffic demands result in no net reduction in LOS, and
identify additional improvements needed to raise the level of service to the
standards on the arterial or higher order street to the adopted LOS standard.
2. Number of access points. The spacing of access points shall comply with
applicable Parish, State and American Association of State Highway and
Transportation Officials (“AASHTO”) standards.
3. Neighborhood collector or local street impact. Average Daily Traffic (“ADT”)
on neighborhood collector or local streets shall be within the ranges spelled
out in the Thoroughfare Plan for the class of street involved. No nonresidential development shall increase the traffic on a neighborhood collector
or local street with at least three-hundred (300) average daily trips by more
than twenty-five (25) percent.
4. Internal circulation. On-site vehicle circulation and parking patterns shall be
designed so as not to interfere with the flow of traffic on any public street and
shall accommodate all anticipated types of site traffic.
5. Safety. Access points shall be designed to provide for adequate sight
distance and appropriate facilities to accommodate acceleration and
deceleration of site traffic.
6. Curb space use plan. Details shall be provided on curb space use on public
streets along the edge of the development site when it is intended that such
areas be used for parking, parking space access, delivery and loading zones,
passenger zones, taxi cab stands, bus stops, fire zones and/or other
official/emergency zones. This review shall include a description of existing
conditions prior to development, and proposed changes resulting from the
development, including a description of any loss or gain in curb space use by
the activities intended.
F. Contents. A TIA shall contain information addressing the factors listed below.
1. Site description. The TIA shall contain illustrations and narrative that describe
the characteristics of the site and adjacent land uses as well as expected
development in the vicinity which will influence future traffic conditions. A
description of the proposed development including access plans, staging
plans and an indication of land use and intensity, shall be provided.
2. Study area. The TIA shall identify the geographic area under study and
identify the roadway segments, critical intersections and access points to be
analyzed. The study shall include all intersections and access points to the
development and with all arterial and collector streets and/or all arterial and
collector street intersections located on the approaches within one-half (1/2)
mile of the site. If no arterial street intersection is so located, the study area
may be extended to the nearest arterial street intersection if the proposed
development is projected to contribute at least five (5) percent of the traffic at
that intersection at the time of development, unless determined otherwise by
the Planning Director and Parish Traffic Engineer.
3. Existing traffic conditions. The TIA shall contain a summary of the data used
in the analysis of existing traffic conditions, including:
a. Traffic count and turning movement information, including the source of
and date when traffic count information was collected;
b. Correction factors that were used to convert collected traffic data into
representative design hour traffic volumes;
c. Roadway characteristics, including the design configuration of existing or
proposed roadways, existing traffic control measures (speed limits, traffic
signals, etc.) and existing driveways and turning movement conflicts in the
vicinity of the site; and
d. The existing LOS for roadways and intersections without project
development traffic using methods documented in the Special Report 209:
Highway Capacity Manual or latest edition, published by the
Transportation Research Board, or comparable accepted methods of
evaluation. LOS shall be calculated for the weekday peak hour and, in the
case of uses generating high levels of weekend traffic, the Saturday or
Sunday peak hour as determined by the Parish Traffic Engineer or
Planning Director.
4. Horizon year(s) and background traffic growth. The report shall identify the
horizon year(s) that were analyzed in the study, the background traffic growth
factors for each horizon year, and the method and assumptions used to
develop the background traffic growth. Unless otherwise approved by the
Parish Traffic Engineer or Planning Director, the impact of development shall
be analyzed for the year after the development is expected to be at full
occupancy.
5. Traffic assignment. The report shall identify projected design hour traffic
volumes for roadway segments, intersections or driveways in the study area,
with and without the proposed development, for the horizon year(s) of the
study, including:
a. Traffic count and turning movement information;
b. Correction factors that were used to convert collected traffic data into
representative design hour traffic volumes;
c. Roadway characteristics, including the design configuration of existing or
proposed roadways, existing and proposed traffic control measures
(speed limits, traffic signals, etc.) and existing and proposed driveways
and turning movement conflicts in the vicinity of the site; and
d. The existing and proposed LOS for roadways and intersections without
project development traffic using methods documented in the Special
Report 209: Highway Capacity Manual or latest edition, published by the
Transportation Research Board, or comparable accepted methods of
evaluation. LOS shall be calculated for the weekday peak hour and, in the
case of uses generating high levels of weekend traffic, the Saturday or
Sunday peak hour as determined by the Parish Traffic Engineer or
Planning Director.
6. Mitigation/alternatives.
In situations where the traffic level of service
standards are exceeded, the report shall evaluate each of the following
alternatives for achieving the traffic service standards:
a. Identify where additional right-of-way is needed to implement mitigation
strategies;
b. Identify suggested phasing of street or intersection improvements where
needed to maintain compliance with traffic service standards; and
c. Identify the anticipated cost of recommended improvements.
G. Process for the review and preparation of a TIA. The following steps provide an
outline of the steps to be included in the preparation and review of a TIA:
1. The Public Works Director, Parish Traffic Engineer and Planning Director
shall be consulted for assistance in determining whether a traffic impact study
needs to be prepared for a proposed development application;
2. The Public Works Director, Parish Traffic Engineer and Planning Director
shall meet with applicants to identify study issues, assumptions, horizon years
and time periods to be analyzed, analysis procedures, available sources of
data, past and related studies, report requirements and other topics relevant
to study requirements. The Louisiana Department of Transportation and
Development (“LDOTD”) District 02 Traffic Engineer or designated
representative shall be contacted and coordinates with as appropriate when
the TIA includes State or Federal highways as points of access for a
development;
3. Following initial completion of a Traffic Impact Analysis, the TIA shall be
submitted to the Planning Director for distribution to the staff of all jurisdictions
involved in the construction and maintenance of public roadways serving the
development;
4. Within ten (10) working days, staff shall complete an initial review to
determine the completeness of the TIA and shall provide a written summary
to the applicant outlining the need for any supplemental study or analysis to
adequately address any deficiencies. A meeting to discuss the contents and
findings of the TIA and the need for additional study may be requested by the
applicant;
5. Following a determination that the technical analysis is complete, staff shall
prepare a report outlining recommendations that have been developed to
address the findings and conclusions included in the study regarding the
proposed development’s access needs and impacts on the transportation
system. Depending on the type of application, the recommendations may be
presented to the PAB and/or Parish Council.
6. In the case of a Traffic Impact Analysis showing deficiencies requiring
mitigation within the public right-of-way, negotiations based on the
conclusions and findings resulting from the traffic study shall be held with the
Public Works Director, Parish Traffic Engineer, Planning Director and Parish
Attorney. A development agreement, detailing the applicant’s responsibilities
and the Parish’s responsibilities for implementing identified mitigation
measures, shall be prepared following the negotiations for final action by
Parish Council and the applicant.
H. Report findings. If staff finds that the proposed development will not meet
applicable service level standards, staff shall recommend one or more of the
following actions by the public or the applicant:
1. Reduce the size, scale, scope or density of the development to reduce traffic
generation;
2. Divide the project into phases and authorize only one (1) phase at a time until
traffic capacity is adequate for the next phase of development;
3. Dedicate right-of-way for street improvements;
4. Construct new streets and intersection improvements;
5. Expand the capacity of existing streets;
6. Redesign ingress and egress to the project to reduce traffic conflicts;
7. Alter the use and type of development to reduce peak hour traffic;
8. Reduce background (existing) traffic;
9. Eliminate the potential for additional traffic generation from undeveloped
properties in the vicinity of the proposed development;
10. Integrate non-vehicular design components (e.g., pedestrian and bicycle
paths or transit improvements) to reduce trip generation;
11. Recommend approval of the development contingent upon making
improvements or addressing items required to mitigate traffic and access
issues and impacts;
12. Recommend denial of the application for development for which the traffic
study is submitted.
Sec. 33-7.5.11. Private streets.
Private streets may be permitted subject to the provisions of this UDC.
A. Applicability. The provisions provided by this section shall apply to all newly
created subdivisions with private streets.
B. General.
1. A notation shall be affixed to the subdivision plan which clearly indicates that
all streets are private and not dedicated for public use. The Section of this
UDC and the COB/Folio at which it is recorded in the office of the Jefferson
Parish Clerk of Court shall be cited on the notation.
2. All private streets and sidewalks shall be constructed in accordance with all
Parish requirements and shall be inspected for compliance. A certificate of
compliance shall be issued to the developer by the appropriate Parish agency
or department.
3. The proposed streets shall not interfere with or obstruct any public interstate,
arterial, or collector street (proposed or existing), shall not interfere with traffic
circulation outside the boundaries of the subdivision, shall not cause a
sudden end to an existing public street (being protruded for future street), and
shall not prevent an extension of an existing street that would otherwise
enhance the traffic flow in the area.
C. Emergency access. Within the confines of a private subdivision, means of
access for fire department apparatus shall consist of fire lanes, private drives or
streets, streets, parking lot lanes or a combination thereof.
1. A servitude of passage shall be granted by the association of homeowners to
Jefferson Parish solely for the use by personnel of the Jefferson Parish Public
Works Department, Fire Department and the Department of Inspection and
Code Enforcement while acting in their official capacity so as to provide
services to the residents within the subdivision and/or to maintain public
utilities located within the subdivision and, in addition, to all local, State or
Federal law enforcement officers while acting in their official capacity.
2. Means of access for fire department apparatus shall be constructed of a hard,
all-weather-surface or roadway adequately designed to support the heaviest
piece of fire apparatus likely to be operated on the fire lane, private street or
drive, street or parking lot lane.
D. Gated streets. Electrical, motorized, remote, manual, guard or any other
entrance gates to subdivisions with private streets may be permitted, subject to
the following emergency response requirements:
1. The homeowner's association shall be responsible for notifying, in writing,
applicable law enforcement, fire and emergency medical agencies required to
respond to areas within a subdivision with private streets, a universal code for
the use by all emergency response agencies for ingress and egress to the
subdivision with private streets and shall maintain and update said
information in writing when and where applicable. All motorized or electrically
operated gate systems shall be provided with an emergency KNOX or similar
box for emergency crews in addition to a universal code(s).
2. A standard method of addressing and/or identifying properties within the
gated community shall be developed by the Inspection and Code
Enforcement Director and applied accordingly. Said addressing methodology
and/or assigned addresses to any specific gated community shall be
maintained and forwarded to the respective emergency response agencies by
the homeowner’s association.
3. The homeowner's association shall be responsible for providing continuous
(twenty-four hour, seven day per week, three hundred sixty-five day per year)
operation of all gate systems in subdivisions with private streets.
a. The homeowner's association shall be responsible to keep all gate
systems in good working order and protected from vandalism and/or
adverse weather conditions.
b. The homeowner's association shall be responsible for the installation,
periodic testing of, repairing of and routine maintenance checks of all parts
and components of all such motorized or electrical gate assemblies at
each of their respective locations.
4. All motorized or electrically operated gate systems shall provide a battery
backup and a manual override in the event of a power failure that will provide
for easy access to open said gates automatically and remain in the open
position until normal power is restored.
5. All motorized or electrically operated gated systems shall provide each
homeowner with a remote method of opening said entrance and/or exit gate
from every residence for emergency response access in addition to the
universal code(s) provided and the KNOX or similar box.
6. The homeowner's association shall indemnify Jefferson Parish, the 911
Communication District, its members, employees, agencies, and/or law
enforcement, medical, fire and/or other emergency response groups for any
action, damage or delay as a result of malfunctioning gates caused by any
reason, including, but not limited to, inoperable gates, the lack of emergency
codes and/or any required information necessary to ensure ingress or egress
to the subdivision with private streets.
E. Utilities.
1. All utilities, public and private, shall be maintained by the respective agencies
where it is determined by the Public Works Director that these utilities may be
tied to, or may be a continuation of, utility lines outside the boundaries of the
subdivision. Otherwise, utilities within the subdivision shall be self-contained
without reliance on or relationship to the utility lines located outside the
boundaries of the subdivision.
2. Water supply systems not publicly owned and installed shall meet the
requirements of Jefferson Parish Public Works Department and shall include
fire hydrants where required or requested.
3. Adequate servitudes and access shall be provided by dedication to Jefferson
Parish (and identified on the plan) for every utility, drainage canal or water
course that is publicly owned and maintained within the private subdivision as
determined by the Public Works Department, in addition to any private utility
companies.
F. Homeowner's association.
1. An association of homeowners (which shall require one hundred (100)
percent participation) shall be formed and incorporated as a legal entity to be
responsible for maintenance, repairs and decisions affecting the private
streets. Property owned by the Parish, public utilities and public franchises
shall be excluded from participation in the homeowners' association.
2. The articles of incorporation shall clearly outline the responsibilities of
individual home/property owners and said article, prior to the Parish Council
approval of the subdivision request, shall be reviewed and approved by the
Parish attorney to insure that all requirements of this section have been
satisfied.
3. The subdivision developer or applicant shall prepare a disclosure document
which details the responsibilities and financial obligations of all homeowners
regarding maintenance of the private streets.
4. All private streets approved pursuant to this section and any street transferred
to a homeowner’s association shall not be maintained, constructed,
reconstructed, resurfaced, etc., by Jefferson Parish, but shall be owned
maintained, constructed, reconstructed, resurfaced, etc., solely by an
association of homeowners. Cost of such shall be borne by the private
organization or association responsible for maintaining the streets if the
utilities are private.
If the Parish, its agents, employees or contractors
damage the private street or drive during any repair of a public utility, the
Parish shall be responsible for repair of such damage.
5. The homeowner's association shall be responsible for maintenance, repairs
and decisions on mail and other parcel deliveries, garbage collection, grass
cutting, tree trimming, etc., relative to the street.
Sec. 33-7.5.12. Conversion of public streets.
Conversion of public streets to private streets may be permitted subject to the
provisions of this UDC.
A. Applicability.
1. An ordinance shall be adopted in which the street or road shall be deemed no
longer needed for a public purpose by the Jefferson Parish Council and
transferred to the adjacent owners pursuant to State law by declaration of
revocation contemporaneous with the execution by the owners adjacent to
the revoked street of an act of donation to the homeowners' association which
has made application for the conversion of that existing public street or road
to privately-owned and maintained road. All acts of revocation of public
streets will include a declaration by destination of the Parish reserving a
servitude for all existing subsurface public utilities.
2. At the time of application, an affidavit shall be submitted to the Planning
Department certifying that:
a. Each property owner whose lot has access to the street sought to be
declared no longer needed for public purpose supports the revocation of
the entire portion of street as described in the application;
b. Each owner of the lots provided access by the street sought to be revoked
in the application supports and is willing to accept the responsibility of
maintenance of said portion of street or roadway through participation in
the homeowner's association making the application;
c. Each property owner whose lot has legal access to the road sought to be
converted by the application shall certify that they will assign all right, title
and interest to the portion of previously dedicated street adjacent to their
lot of record which may be revoked under provision of state law by the
Parish Council to the homeowner's association submitting the application
for reversion of the public street or roadway.
3. The Planning Advisory Board shall review and conduct a public hearing on
each application to convert publicly-owned street to a privately-owned and
maintained street.
4. Provisions of this UDC dealing with utilities and emergency access shall also
apply where an existing public street is intended to become privately owned
and maintained.
5. Provisions of this UDC dealing with gated streets shall also apply where an
existing public street is intended to become privately owned and maintained.
B. Generally. Public streets may be converted to private streets, provided that:
1. The street is privately owned and maintained.
2. The street shall have been built in accordance with the standards required by
the Parish Codes for rights-of-way width and construction.
3. All off-site improvements shall have been installed in accordance with Parish
Code requirements.
4. The street shall not interfere with or obstruct any public interstate, arterial, or
collector street (proposed or existing); shall not cause an existing interstate,
arterial, or collector street to be diverted resulting in the disruption of traffic
circulation adjacent to such street or subdivision; shall not cause a sudden
end to an existing public street (being protruded for a future street), and shall
not prevent an extension of an existing street that would otherwise enhance
the traffic flow in the area.
5. The zoning and land use provisions of the district within the street is located
shall apply; and all zoning, land use, and building code provisions of such
district shall apply without prejudice.
Sec. 33-7.6. Adequate public facilities waivers.
Sec. 33-7.6.1. Purpose.
Adequate public facilities waivers provide a mechanism for relief for property
owners when strict application of this UDC would result in practical difficulties.
Waivers may be granted for adequate public facilities requirements at the time of
preliminary plat approval. The waiver granted shall be the minimum necessary to
permit reasonable subdivision of land.
Sec. 33-7.6.2. Applicability.
Adequate public facilities waivers to the provisions of this UDC may be requested
when an applicant can demonstrate that one of the following situations apply:
A. Connection to the parish’s sanitary sewer system will require unreasonable
expenditure when compared with other methods of sewage disposal, subject to
the following conditions:
1. The lot, parcel or tract of land is located on the unprotected side of the West
Bank and Vicinity Hurricane Protection Levee;
2. The Public Works director finds that the cost of connecting to the parish’s
sanitary sewer system would be unreasonable given the inadequacy or
inexistence of connecting facilities; and
3. The State of Louisiana approves the alternative sewage disposal system at
the building permit stage; or
B. Provision of adequate public facilities will require unreasonable expenditure,
subject to the following conditions:
1. The subdivision is for the purpose of inheritance, sale or similar act without
intention of development within five (5) years;
2. Each lot, parcel or tract of land included in the application is undeveloped, is
at least ten (10) acres, and has frontage on a publicly dedicated and
constructed street;
3. If the resubdivision results in any lot, parcel, or tract of land that is less than
ten (10) acres, the lot, parcel or tract of land shall meet the adequate public
facilities requirements or the applicant shall make provision for adequate
public facilities through a development agreement in accordance with the
requirements of this UDC;
4. The number of lots, parcels, or tracts of land created in one (1) application
does not exceed ten (10); and
5. The subdivision does not involve the creation of any new street, right-of-way
in full ownership, or other public improvement but as determined by the public
works director may provide for the dedication, acceptance, relocation, or
deletion of public utility servitudes granted to Jefferson Parish, other than
streets.
Sec. 33-7.6.3. Application and procedure.
The application, with the required information as listed in the appendix of this
UDC, shall be filed with the Planning Director. Requests for adequate public facilities
waivers shall be made in writing along with the reasons for the waiver expressly
made with a plat application, and processed concurrently with a preliminary plat
application.
Sec. 33-7.6.4. Required findings.
A waiver is not a right. In conformance with state law, a waiver may be granted
only upon finding that:
A. The requested waiver will not conflict with the purposes of this UDC or the
Comprehensive Plan;
B. Granting the requested waiver will not confer on the applicant any special
privilege that is denied by this UDC to other lands that are similarly situated and
configured;
C. The granting of the waiver will not be contrary to the public interest, will not
adversely affect property values, will not adversely affect other property in the
vicinity, and will be in harmony with the intent and purpose of this UDC; and
D. The waiver requested is the minimum modification to this UDC necessary to
accommodate the situation.
Sec. 33-7.6.5. Decision-maker.
Decisions on adequate public facilities waivers to this UDC shall be made by the
Parish Council. When a waiver to this UDC constitutes a waiver to multiple sections
of this UDC, separate actions shall not be required to modify the provisions of each
section. However, each waiver shall be cited in the ordinance approving the
preliminary plat and shall be noted on the final plat.
SECTION VIII. That Chapter 33, Unified Development Code, Article 8, Sign
Regulations is hereby amended by reformatting and renumbering to read as follows:
ARTICLE 8. SIGN REGULATIONS
Sec. 33-8.1. Purpose (reserved).
Sec. 33-8.2. Applicability, effect (reserved).
Sec 33-8.2.1. Sign permits required (reserved).
Sec 33-8.2.2. Prohibited signs (reserved).
Sec 33-8.2.3. Exempt signs (reserved).
Sec 33-8.2.4. Flags (reserved).
Sec. 33-8.3. Measurements (reserved).
Sec. 33-8.4. Permitted sign standards (reserved).
Sec. 33-8.5. Master or common signage plan (reserved).
Sec. 33-8.6. Temporary signs (reserved).
Sec. 33-8.7. Nonconforming signs (reserved).
Sec. 33-8.8. Sign maintenance (reserved).
SECTION IX. That Chapter 33, Unified Development Code, Article 9.
Administration and Enforcement is hereby amended by reformatting provisions to read
as follows:
ARTICLE 9. ADMINISTRATION AND ENFORCEMENT
Sec. 33-9.1. Violation and penalties (reserved).
Sec. 33-9.2. Separate offenses may be charged (reserved).
Sec. 33-9.3. Civil remedies and enforcement powers (reserved).
Sec. 33-9.4. Notification procedures (reserved).
Sec. 33-9.5. Right of entry (reserved).
SECTION X. That Chapter 33, Unified Development Code, Article 10, Definitions,
Sec. 33-10.1. Definitions is hereby amended by reformatting or adding definitions and
the title of Figure 33-10.1-1. Streetscape Zone, to read as follows:
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Development Agreement shall mean an agreement between Jefferson Parish and
developer through which the Parish agrees to vest development use or intensity
or refrain from interfering with subsequent phases of development through new
legislation in exchange for the provision of public facilities or amenities by the
developer.
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Floor Area –
A. Commercial, Business and Industrial shall mean the sum of the gross
horizontal areas of the several floors of a building measured from the exterior
faces of the exterior walls, or from the centerline of walls separating two (2)
buildings but not including:
1. Attic space providing less than seven feet (7’) of headroom.
2. Cellar space not used for retailing.
3. Outside stairs or fire escapes, roof overhangs and balconies.
4. Accessory water towers or cooling towers.
5. Accessory off-street parking spaces.
6. Accessory off-street loading area.
B. Residential shall mean the gross horizontal areas of the several floors of the
dwelling exclusive of garages, cellars and open porches, measured from the
exterior faces of the exterior walls of a dwelling.
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Land use action shall mean site plan review, exception and modification, special
permitted use, development agreement, zoning or land use text and map
amendment, zoning or land use determination, subdivision, resubdivision, or
certificate of use and occupancy.
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Sign definitions:
A. Monument sign shall mean a freestanding sign with the entire length in
contact with the ground or a pedestal that rests upon the ground. The
pedestals of all monument signs shall extend from the monument sign to the
ground and shall be at between one hundred (100) and one hundred twenty
(120) percent as wide and deep as the sign. The pedestal shall not be
calculated as part of the sign area; however, the height of a monument sign
shall be measured from the ground to the top of the sign including the
pedestal.
B. Mural shall mean a work of graphic art painted or applied to a building wall
which does not contain advertising, commercial messages, or logos.
C. Projector sign shall mean a sign using a projector to display content on a
screen or faҫade of a building.
D. Wall sign shall mean a sign painted upon or affixed to the wall of a building
and not extending more than twelve (12) inches from the wall.
Street shall mean the entire width between the boundary lines of the right-of-way,
public way or place of whatever nature publicly maintained and open to the use
of the public for the purpose of vehicular travel, including roadways, bridges,
causeways, tunnels, viaducts, ferries, bicycle paths, as well as any other public
way or parts thereof, including medians, neutral grounds, roadways, roadsides,
shoulders for the purposes of vehicular traffic, and pedestrian islands,
esplanades and sidewalks for purposes of pedestrian traffic; the term shall be
construed to embrace streets, avenues, boulevards, parkways, roads, roadways,
thoroughfares, alleys, lanes, public servitudes and all other public ways or parts
thereof, intended for vehicular, pedestrian or bicycle travel ways.
Street classifications (in hierarchical order) A. Interstate (freeway) shall mean a federal route that is state-maintained and
designated for high speed and limited access and is part of the National
System of Interstate and Defense Highways. These corridors may also
contain service roads. Access to these corridors is highly controlled. No
direct property access is provided to these corridors. Their primary function is
to move high volumes of traffic between cities, parishes and states with no
traffic signals and grade separated interchanges. Also called an interstate
highway, limited access highway, or thruway, and is identified as interstate
(freeway) upon the Jefferson Parish Thoroughfare Plan.
B. Major arterial shall mean a street primarily designed to move traffic between
cities or parishes. These streets have traffic signals at intersection with other
arterials, collectors, driveways or local streets, and may be designated for
limited access. These streets may be higher speed, provide access to the
interstate highway network within cities, may run through downtown areas,
and may contain service roads. On-street parking, loading and unloading of
vehicles is generally to be discouraged along these streets. Identified as a
major arterial upon the Jefferson Parish Thoroughfare Plan.
C. Minor arterial shall mean a street primarily designed to move traffic from
neighborhoods through an area. These streets have traffic signals at
intersections with other minor arterials, collectors, large driveways or local
streets. These streets occasionally form boundaries for neighborhood areas.
In some locations, these streets may have on-street parking, loading, or
unloading areas. Identified as a minor arterial upon the Jefferson Parish
Thoroughfare Plan.
D. Collector street shall mean a street which moves traffic between
neighborhoods or from the core of the neighborhood to its edge. In a typical
suburban area, these streets may carry some through traffic if located
adjacent to a community facility (school, park, library, community center, fire
station). These streets generally have no traffic signals, and may have either
stop sign or signal control. Signals may be found at an intersection with a
minor or major arterial. Identified as a collector street upon the Jefferson
Parish Thoroughfare Plan.
E. Neighborhood collector shall mean a street which provides access to
residences, public facilities such as schools, recreational centers, fire and
police stations, and parks located within neighborhoods. Identified as a
neighborhood collector upon the Jefferson Parish Thoroughfare Plan.
F. Local street shall mean a street constructed to established standards, as
specified in the parish's subdivision regulations, and intended primarily to
provide direct property access and serving local, as distinct from through,
traffic, with on-street parking generally permitted. Identified as a local street
upon the Jefferson Parish Thoroughfare Plan.
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Streetscape or streetscape zone shall mean the area that extends between the back
of curb or curb zone and the front, or side in the case of a corner lot, building
façade or build to line, and is composed of the frontage zone, furniture zone, and
pedestrian zone as defined below and illustrated in Figure 33-10.1-1:
A. Frontage zone shall mean an area located between the pedestrian zone and
the front, or side in the case of a corner lot, building façade or build to line,
designated for entering and exiting buildings without creating conflicts with
other pedestrian traffic.
B. Furniture zone shall mean an area located between the pedestrian zone and
the back of curb designated for street furniture; lighting; trees with grates; box
planters; regulatory, warning, or guide signs; pedestal, controller box, or
similar traffic control devices; and the columns or posts that support awnings,
canopies, balconies, or building overhangs.
C. Pedestrian zone shall mean an area located between the furniture zone and
the frontage zone designated for pedestrian circulation and able to
accommodate a wheelchair and walking companion side by side.
Figure 33-10.1-1: Streetscape Zone.
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Vesting, Failure of shall mean a development application receiving preliminary
application vesting rights must become complete within the time period specified
in this policy. Failure to provide all information to the Planning Department
required for a complete application as stated on Planning Department application
requirement forms within the designated time period shall result in loss of vesting
rights.
SECTION XI. That Chapter 40, Zoning, Article V, SUBURBAN DISTRICT S-1, Sec.
40-84, Landscaping standards, is hereby amended by modifying a reference to Chapter
33, to read as follows:
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(g) Compliance with landscaping requirements shall be shown on a site plan
submitted to the Planning Department for approval by the Planning Director in
accordance with Sec. 33-2.25 Site Plan in Article 2, Procedures, of Chapter 33,
UDC, of this Code; however, if the nonresidential use requires the approval of the
Parish Council, then these landscaping requirements and any other applicable
requirements must be shown on a site plan for Council approval.
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SECTION XII. That Chapter 40, Zoning, Article X, OLD METAIRIE
NEIGHBORHOOD CONSERVATION DISTRICT (OMNCD), Sec. 40-171, Review
procedures, is hereby amended by modifying a reference to Chapter 33, to read as
follows:
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(m) Compliance with approved site plans and elevations. Construction shall conform to
the approved site plans and elevations. Adjustments, alterations, or amendments to
an approved plan or elevation drawing shall follow the same procedure as the initial
approval. If the property owner or applicant deviates from the approved plan or
elevations without the approve of the Planning Director, Inspection and Code
Enforcement Director, Old Metairie Commission, or Council, as applicable, the
Parish may take any action as may be deemed appropriate in accordance with the
remedies and penalties of Sec. 33-1.14, Enforcement, in Article 1, Administration,
of Chapter 33, UDC, of this Code, including, but not limited to, the withholding or
denying of the certificate of occupancy or completeness for structures not built in
accordance with the approved plans or elevations, or for development activities
without permit or inconsistent with any permit or any term, condition, or qualification
place upon any permit.
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SECTION XIII. That Chapter 40, Zoning, Article XXV, MIXED USE CORIDOR
DISTRICT, Sec. 40-449, Development review procedures in the Mixed Use Corridor
District, is hereby amended by modifying a reference to Chapter 33, to read as follows:
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(e) Vested rights for new applications. To assure applicants that development
applications will be processed in accordance with the rules in effect at the time of
submittal of a completed application, Sec. 33-4.20, Vested rights for new
applications, in Article 4, NON-CONFORMING SITUATIONS/VESTED RIGHTS of
Chapter 33, UDC, of this Code, shall apply to MUCD applications for site plan
review.
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SECTION XIV. That Chapter 40, Zoning, Article XXVI, COMMERCIAL PARKWAY
OVERLAY ZONE, Sec. 40-480, Site plan review, is hereby amended by modifying a
reference to Chapter 33, to read as follows:
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(d) Site plan review procedures.
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(7)Vested rights for new applications. To assure applicants that development
applications will be processed in accordance with the rules in effect at the time of
submittal of a completed application, Sec. 33-4.20, Vested rights for new
applications, in Article 4, NON-CONFORMING SITUATIONS/VESTED RIGHTS
of Chapter 33, UDC, of this Code.
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SECTION XV. That Chapter 40, Zoning, Article XLII, BOARD OF ZONING
ADJUSTMENTS, Sec. 40-792, Powers of the board, is hereby amended by modifying a
reference to Chapter 33, to read as follows:
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(3) Variances. In accordance with standards, hereafter prescribed, to grant
variances from the provisions of Chapter 40, Zoning in the following instances:
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f. Permit a variance to the Fat City zoning district regulations in accordance with
Sec. 33-3.56. Fat City special zoning district standards in Article 3, Zoning, of
Chapter 33, UDC, of this Code.
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SECTION XVI. That Municode is hereby authorized to re-letter, renumber, or
otherwise reformat to make corrections necessary to maintain proper sequencing of
articles, sections, subsections, tables, and figures, according to an organizational
structure that maintains up to four digits for section numbers, e.g., Sec. 33-1.1.1.1, and
up to four digits for subsections, i.e. A.1.a.i.
The foregoing ordinance having been submitted to a vote, the vote thereon was
as follows:
YEAS:
NAYS:
ABSENT:
The ordinance was declared to be adopted on this the ________________________,
and shall become effective as follows, if signed by the Parish President, ten (10) days
after adoption; thereafter, upon the signature by the Parish President, or, if not signed
by the Parish President, upon expiration of the time for ordinances to be considered
finally adopted without the signature of the Parish President, as provided in Section 2.07
of the Charter. If vetoed by the Parish President and subsequently approved by the
Council, this ordinance shall become effective on the day of such approval.