On motion of __________________, seconded by ________________, the
following ordinance was offered:
SUMMARY NO. 22721 ORDINANCE NO.
An ordinance to amend Chapter 40, Zoning, more particularly Article V.
Suburban District S-1, Article VII Suburban Residential District R-1B,
Article VIII Rural Residential District R-1C, and Article IX Rural Residential
District R-1D, of the Code of Ordinances of the Code of Jefferson Parish,
by eliminating the exception that allows established residential sites to be
subject to all of the area requirements of the next smaller single-family
residential zoning district to which it conforms and replacing this exception
with one that allows established residential sites to be subject to only the
side yard requirements of the next smaller single-family residential zoning
district that corresponds to the substandard lot width of the established
residential site; by calculating rear yard in the S-1, R-1B, R-1C, and R-1D
districts using percentage of lot depth as currently required in the R-1A
Single-Family Residential District; and by providing for related matters
such as consistent language and formatting. (Parishwide)
WHEREAS, many established development sites within the large lot districts of
S-1, R-1B, R-1 C, and R-1D lack the required area, width, or depth of the district; and
WHEREAS, existing regulations in the large lot districts allow an established
development site that is substandard in area, width, or depth to meet all of the area
requirements of the next smaller district even though the lot may be deficient in only one
or two of the area requirements; and
WHEREAS, allowing all area requirements of the next smaller zoning district to
apply defeats the intent of the large-lot districts by increasing the buildable area and
density; and
WHEREAS, limiting the application of the step-down provisions and creating a
standard rear yard provision in the large lot districts will further the intent of these
districts; 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 1. That Chapter 40, Zoning, Article V. Suburban District S-1, Sec. 4079. Area requirements for permitted uses, formerly Area regulations, is hereby
amended to read as follows:
Sec. 40-79. Area requirements for permitted uses.
(a)
Minimum yard requirements.
(1)
Front--Thirty-five (35) feet.
(2)
Rear-- Twenty (20) percent of lot depth; however, the depth of the rear
yard shall not be less than twenty (20) feet and the depth is not required to
exceed thirty-five (35) feet.
(3)
Side--Fifteen (15) feet (two (2) side yards required, each fifteen (15) feet).
a.
If the lot width of an established residential site does not meet the
minimum lot width requirements of this district, then the site may be
subject to the side yard requirements of the range in which it falls in
accordance with the following table:
Lot Width of Established Site:
Side Yard Requirements:
Less than 55 feet
R-1A
Side
Yard
Requirements
55 feet to less than 70 feet
R-1B
Side
Yard
Requirements
70 feet to less than 90 feet
R-1C
Side
Yard
Requirements
90 feet to less than 100 feet
S-1 Side Yard Requirements
b.
An established residential site shall be subject to all of the area
requirements pertaining to side yards of the district in which it falls
in the above table.
(b)
Minimum lot requirements.
(1)
Lot area--Twenty thousand (20,000) square feet.
(2)
Lot width--One hundred (100) feet.
(3)
Lot depth--Two hundred (200) feet.
1
SECTION 2. That Chapter 40, Zoning, Article V. Suburban District S-1, Sec. 4080. Exceptions be amended to read as follows:
Sec. 40-80. Exceptions.
If the front yard requirements for a new development do not match the front yard
setbacks for existing developments within an established neighborhood, such new
development shall be allowed to match the front yard setbacks of existing development
within three hundred (300) feet on both sides of the development within the same
zoning district. The average of the front yard setbacks shall be taken to determine the
appropriate front yard setback for the new development.
SECTION 3. That Chapter 40, Zoning, Article VII. Suburban Residential District
R-1B, Sec. 40-109. Area requirements for permitted uses be amended to read as
follows:
Sec. 40-109. Area requirements for permitted uses.
(a)
Minimum yard requirements.
(1)
Front--Twenty-five (25) feet.
(2)
Rear-- Twenty (20) percent of lot depth; however, the depth of the rear
yard shall not be less than twenty (20) feet and the depth is not required to
exceed twenty-five (25) feet.
(3)
Side--Seven (7) feet (two (2) side yards required, each seven (7) feet),
except that on corner lots the side yard abutting the side street shall not
be less than ten (10) feet.
a.
If the lot width of an established residential site does not meet the
minimum lot width requirements of this district, then the site may be
subject to the side yard requirements of the range in which it falls in
accordance with the following table:
Lot Width of Established Site:
Side Yard Requirements:
Less than 55 feet
R-1A
Side
Yard
Requirements
55 feet to less than 60 feet
R-1B
Side
Yard
Requirements
b.
An established residential site shall be subject to all of the area requirements
pertaining to side yards of the district in which it falls in the above table. (b) Minimum lot
requirements.
(1)
Lot area--Seven thousand two hundred (7,200) square feet.
(2)
Lot width--Sixty (60) feet.
(3)
Lot depth--One hundred twenty (120) feet.
SECTION 4. That Chapter 40, Zoning, Article VII. Suburban Residential District
R-1B, Sec. 40-113. Exceptions be amended to read as follows:
Sec. 40-113. Exceptions.
If the front yard requirements for a new development do not match the front yard
setbacks for existing developments within an established neighborhood, such new
development shall be allowed to match the front yard setbacks of existing development
within three hundred (300) feet on both sides of the development within the same
zoning district. The average of the front yard setbacks shall be taken to determine the
appropriate front yard setback for the new development.
***
SECTION 5. That Chapter 40, Zoning, Article VIII. Rural Residential District R1C, Sec. 40- 129. Area requirements for permitted uses be amended to read as
follows:
Sec. 40-129. Area requirements for permitted uses.
(a)
Minimum yard requirements.
(1)
Front--Thirty (30) feet. (2) Rear-- Twenty (20) percent of lot depth;
however, the depth of the rear yard shall not be less than twenty (20) feet
and the depth is not required to exceed thirty (30) feet. (3) Side--Ten
(10) feet (two (2) side yards required, each ten (10) feet).
a.
If the lot width of an established residential site does not meet the
minimum lot width requirements of this district, then the site may be
subject to the side yard requirements of the range in which it falls in
accordance with the following table:
Lot Width of Established Site:
Side Yard Requirements:
Less than 55 feet
R-1A
Side
Yard
2
Requirements
55 feet to less than 70 feet
R-1B
Side
Yard
Requirements
70 feet to less than 80 feet
R-1C
Side
Yard
Requirements
b.
An established residential site shall be subject to all of the area requirements
pertaining to side yards of the district in which it falls in the above table.(b) Minimum lot
requirements.
(1)
Lot area--Twelve thousand (12,000) square feet.
(2)
Lot width--Eighty (80) feet.
(3)
Lot depth--One hundred fifty (150) feet.
***
SECTION 6. That Chapter 40, Zoning, Article IX. Rural Residential District R1C, Sec. 40-133. Exceptions be amended to read as follows:
Sec. 40-133. Exceptions.
If the front yard requirements for a new development do not match the front yard
setbacks for existing developments within an established neighborhood, such new
development shall be allowed to match the front yard setbacks of existing development
within three hundred (300) feet on both sides within the same zoning district. The
average of the front yard setbacks shall be taken to determine the appropriate front yard
setback for the new development.
***
SECTION 7. That Chapter 40, Zoning, Article IX. Rural Residential District R-1D,
Sec. 40-149. Area requirements for permitted uses be amended to read as follows:
Sec. 40-149. Area requirements for permitted uses.
(a)
Minimum yard requirements.
(1)
Front--Thirty-five (35) feet.
(2)
Rear-- Twenty (20) percent of lot depth; however, the depth of the rear
yard shall not be less than twenty (20) feet and the depth is not required to
exceed thirty-five (35) feet.(3)
Side--Fifteen (15) feet (two (2) side
yards required, each fifteen (15) feet).
a.
If the lot width of an established residential site does not meet the
minimum lot width requirements of this district, then the site may be
subject to the side yard requirements of the range in which it falls in
accordance with the following table:
Lot Width of Established Site:
Side Yard Requirements:
Less than 55 feet
R-1A
Side
Yard
Requirements
55 feet to less than 70 feet
R-1B
Side
Yard
Requirements
70 feet to less than 90 feet
R-1C
Side
Yard
Requirements
90 feet to less than 100 feet
R-1D
Side
Yard
Requirements
b.
An established residential site shall be subject to all of the area
requirements pertaining to side yards of the district in which it falls
in the above table.
(b)
Minimum lot requirements.
(1)
Lot area--Twenty thousand (20,000) square feet.
(2)
Lot width--One hundred (100) feet.
(3)
Lot depth--Two hundred (200) feet.
***
SECTION 8. That Chapter 40, Zoning, Article IX. Rural Residential District R-1D,
Sec. 40-153. Exceptions be amended to read as follows:
Sec. 40-153. Exceptions.
If the front yard requirements for a new development do not match the front yard
setbacks for existing developments within an established neighborhood, such new
development shall be allowed to match the front yard setbacks of existing development
within three hundred (300) feet on both sides within the same zoning district. The
average of the front yard setbacks shall be taken to determine the appropriate front yard
setback for the new development.
3
***
SECTION 9. That the Planning Director for the Parish of Jefferson is hereby
directed, authorized and empowered to make any necessary and appropriate changes
and amendments to Chapter 40 Zoning of the Jefferson Parish Code of Ordinances.
SECTION 10. That the Chairman, or in his absence the Vice-Chairman, of the
Parish Council is hereby empowered, authorized and directed to sign and execute all
acts or documents which may be necessary and proper in the premises to give full force
and effect to this ordinance.
This ordinance having been submitted to a vote, the vote thereon was as follows:
YEAS:
NAYS:
ABSENT:
.
th
This ordinance was declared to be adopted on the 15 day of April, 2009, and shall
become effective as follows, if signed forthwith 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.
4