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