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Jefferson Parish City Zoning Code

ARTICLE XXIII

BUSINESS CORE DISTRICT BC-1

Sec. 40-401.- Purpose.

This district is designed to provide space for retail, wholesale and parking activities in support of the business core, and at the same time provide the surrounding residential neighborhood with essential commercial services and facilities. It will have a variety of commercial uses and will be found only adjacent to and in conjunction with BC-2, Business Core District.

(Ord. No. 20783, § 3(XIII-D(1)), 9-22-99)

Sec. 40-402. - Permitted uses.

In BC-1 Districts only the following uses of property shall be permitted:

(1)

Any existing stand-alone single-family, two-family, three-family, or four-family dwelling shall be recognized as a conforming use; and furthermore, shall be allowed to be restored if it is demolished or destroyed beyond seventy-five (75) percent of its value or more, provided that the new construction meets the minimum dimensional standards provided below:

a.

The restoration of a single-family, two-family, three-family, or four-family dwelling shall be subject to the area regulations of the R-3 Multiple-Family Residential District.

b.

Restoration of the dwelling shall be the same dwelling type as prior to the demolition or destruction (i.e., a single-family dwelling may only be restored as a single-family dwelling).

(2)

One (1) or more dwelling units are allowed in the main structure containing nonresidential uses permitted in this district provided the following criteria are met:

a.

Separate ingresses and egresses shall be provided for the residential uses and the nonresidential uses.

b.

In addition to the requirements in Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations, parking spaces for the nonresidential uses and residential uses shall be segregated and clearly defined.

c.

The front, side, and rear yard requirements shall be based on the nonresidential uses on the lot.

d.

No dwelling units are allowed in structures containing nonresidential uses that operate between the hours of midnight and 6:00 a.m. or use, sell, or store hazardous materials as classified in chapter 13 fire prevention and protection; emergency services and Communication of the Jefferson Parish Code of Ordinances, more particularly section 13-7(a) entitled classes of hazardous substances.

(3)

Amusement enterprise (indoor) but not to include adult cabarets, massage parlors and pool rooms.

(4)

Bakeries, retail.

(5)

Banks.

(6)

Barber and beauty shops.

(7)

Caterers and delicatessens.

(8)

Clinics, but not to include chemical dependency units.

(9)

Commercial body art facilities.

(10)

Copying service.

(11)

Tailor, milliner, alterationist or similar business.

(12)

Dry cleaners, laundries and collection and distribution stations provided no steam is discharged directly into the atmosphere.

(13)

Government structures and land.

(14)

Health and athletic clubs.

(15)

Laundromats.

(16)

Offices.

(17)

Parking garages and parking lots.

(18)

Public utility structures. See Article XXXIX, Exceptions and Modifications, for Additional Criteria.

(19)

Publishing without printing.

(20)

Restaurants and cafeterias.

(21)

Repair shops for light or small machines and appliances.

(22)

Retail stores and establishments provided the total floor area does not exceed twenty-five thousand (25,000) square feet.

(23)

Taxi and public transit stands.

(24)

Veterinary clinics for small animals when located a minimum of one hundred (100) feet from any residential district.

(25)

Accessory buildings and uses.

(26)

Multiple-family dwellings comprised of thirty (30) or more units.

(27)

Day care centers. Section 33-5.3. Specific use standards shall apply.

(28)

Industrial design.

(29)

Commercial kitchens.

(Ord. No. 20783, § 3(XIII-D(2)), 9-22-99; Ord. No. 21715, § 7, 11-13-02; Ord. No. 22794, § 9, 7-19-06; Ord. No. 23330, § XVIII, 6-11-08; Ord. No. 23954, § 5, 2-2-11; Ord. No. 25349, § 7, 5-3-17; Ord. No. 25513, § 14, 2-21-18; Ord. No. 26302, § 27, 11-10-21; Ord. No. 26792, § 54, 5-22-24)

Sec. 40-403. - Height regulations.

(a)

Maximum height allowed by right. The maximum height allowed by right is sixty (60) feet except as provided in section 40-737 and in this section for multiple-family dwellings.

(b)

Exceptions to the maximum height allowed by right for multiple-family dwellings. Multiple-family dwellings may exceed the maximum height allowed by right in this district if the building meets the following requirements in addition to all other applicable requirements of this district:

(1)

Site plan. Site plan submittal and review shall be conducted in accordance with the following requirements:

a.

Application for site plan review. Requests for multiple-family developments and redevelopment that exceed the maximum height permitted by right in this zoning district shall submit applications for site plan review in accordance with the application for site plan review procedures set forth in the mixed use corridor district, section 40-449(d), application for site plan review, except as otherwise stated for fee requirements.

b.

Fee schedule. Fees for site plan review shall be required in accordance with the site plan review fee schedule located in the BC-2 Business Core District.

c.

Site plan requirements and review criteria. Site plan submittals for multiple-family dwellings that exceed the maximum height of the district shall contain all applicable requirements of section 40-450, Site plan submittal, located in the Mixed Use Corridor District.

d.

Review procedures. Requests for multiple-family developments and redevelopment that exceed the maximum height permitted by right in the district shall be submitted to the Jefferson Parish Planning Department. Upon review of complete site plans, the planning department shall determine the level of site plan review required for the particular project.

1.

Level 1 site plan review. Level 1 site plan review shall apply to all development exceeding the maximum height permitted by right in the district. Once a level 1 site plan review is determined by the planning department and the planning department determines that the development criteria are fully met, the development proposal shall be submitted to the building permit process through the building permits department.

2.

Level 2 site plan review.

i.

Level 2 site plan review shall apply to all development exceeding the height permitted by right in the district which does not fully meet the development criteria of this article. Once a Level 2 site plan review is determined to be necessary by the planning department because a variance is included in the development proposal, the site plan submittal shall be reviewed by the appropriate parish administrative departments in accordance with the site plan requirements of this section and then submitted with the recommendations of those departments to the parish council for consideration. Approval shall only be by ordinance adopted by the parish council.

ii.

The Jefferson Parish 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. 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 or use. 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.

iii.

Variances to the development requirements of this section shall be approved by the Jefferson Parish Council in accordance with the procedures set forth in Article XLVIII, Changes and Amendments, provided the following criteria are met:

A.

The variance is consistent with the general provisions and intent of the zoning district.

B.

The variance is harmonious and compatible with adjacent land uses.

C.

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.

e.

Effect of approval. The approved site plan, as indicated by the dated signature of the council chairperson or planning director, as applicable, shall govern development and use of the property until a new or amended site plan is approved. Until a site plan is approved, no building or structure shall be erected, added to, or structurally altered; no parking lot shall be paved, added to, or structurally altered; and, no building permit or certificate of completeness shall be issued. Any deviation from the approved site plan is a violation of this Code.

f.

Phasing requirements.

1.

Multiphase development. The development may be developed in phases provided that the development meets the following criteria:

i.

Developments containing only non-residential uses shall complete the non-residential uses and all necessary off-site improvements first. Developments containing a mix of non-residential and residential uses shall complete the non-residential uses and all necessary off-site improvements first. Developments containing only residential uses shall complete the necessary off-site improvements first

ii.

Each phase can function and can be utilized independently of subsequent phases.

iii.

At the time of application, the applicant submits a phasing schedule containing:

A.

The number of phases in which the development will be built.

B.

The dates when construction of each phase will begin and be completed. For the purposes of this article and references thereto, 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 use and occupancy (temporary or regular) is issued for the development or phase of a development.

C.

The infrastructure and on-site improvements to be included in each phase.

2.

Single phase development. 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.

g.

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.

h.

Extensions.

1.

Standards for extension. Upon a finding that unforeseen circumstances prevented completion within the approved time limitation, the planning department 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:

i.

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.

ii.

Multiphase development. An extension for a multiphase development shall be granted by ordinance for a period at the discretion of the council. If the council grants 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 an 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. 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.

(2)

Maximum height. The height of multifamily dwellings shall not exceed one hundred ten (110) feet.

(3)

Bulk plane. A building exceeding the sixty-foot maximum height allowed by right in this district shall use bulk planes on the front façade of the building in addition to any façade(s) located where the lot abuts or is across a right-of-way, with a width of fifty (50) feet or less, from 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), Townhouses (R1TH). The bulk plane(s) shall begin at a horizontal line located directly above the line(s) created by the setback, at a height of sixty (60) 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.

(4)

Yards. There shall be front, side and rear yards each having a minimum depth of twenty (20) feet, landscaped in accordance with the requirements of this section.

(5)

Location. The development site shall front only on a collector street or a major or minor arterial. Exempt from this requirement are those properties located in the area identified in Figure ES-1 of the Metairie CBD Land Use and Transportation Plan as adopted by Ordinance No. 21987 on September 17, 2003 and also identified as the area bounded on the north by west Esplanade Avenue and the Lake Pontchartrain lakefront, on the east by Metairie Lawn Drive, Tolmas Drive, and Ridgelake Drive, on the west by North Hullen Street, and Division Street, and on the south by West Napoleon Avenue.

(6)

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.

(7)

Access. Primary access to the development site shall be provided only from a collector street, or a major, or minor arterial; however, secondary access from a local street or neighborhood collector shall be permitted if the access point is not located across from 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), 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. Exempt from this requirement are those properties located in the area identified in Figure ES-1 of the Metairie CBD Land Use and Transportation Plan as adopted by Ordinance No. 21987 on September 17, 2003 and also identified as the area bounded on the north by west Esplanade Avenue and the Lake Pontchartrain lakefront, on the east by Metairie Lawn Drive, Tolmas Drive, and Ridgelake Drive, on the west by North Hullen Street, and Division Street, and on the south by West Napoleon Avenue.

(8)

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 meets the threshold requirements in accordance with parish policy in effect at the time of application; 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.

(9)

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 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.

(10)

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.

(11)

Landscaping.Section 33-6.25, Landscaping, buffering, and screening, shall apply.

(12)

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.

(13)

Signs. Signs shall conform to section 40-448, Sign regulations, of the Mixed Use Corridor District MUCD or the sign regulations of this district, whichever is more restrictive.

(14)

Parking. Parking shall be provided as set forth in Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations.

(15)

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:

a.

Service bays, service drives, and trash receptacle and dumpster areas shall not be located on any side of the development 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), or 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.

b.

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.

c.

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.

(16)

Sidewalks. Continuous sidewalks connecting any existing sidewalks shall be provided along public rights-of-way.

(17)

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.

a.

Access. The following minimum criteria for emergency fire suppression response vehicle access shall be required:

1.

Two 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

2.

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

3.

All fire vehicle access roads shall be connected to and accessible from the main vehicle entrance to the development site

4.

A parking lot drive aisle shall be considered part of a fire vehicle access road provided it meets all required criteria.

5.

A street shall be considered a fire vehicle access road provided it meets all required criteria.

b.

Water supply. The following minimum criteria for adequate water supply shall be required:

1.

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

2.

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.

c.

Communications. The following minimum criteria for adequate emergency fire communications shall be required:

1.

A radio repeater shall be required for structures that exceed one hundred (100) feet in height.

2.

Multiple radio repeaters shall be required for structures that exceed two hundred (200) feet in height.

(Ord. No. 20783, § 3(XIII-D(3)), 9-22-99; Ord. No. 22794, § 9, 7-19-06; Ord. No. 23330, § XIX, 6-11-08; Ord. No. 23292, § 18, 5-7-08; Ord. No. 25405, § 64, 8-9-17; Ord. No. 25744, § 10, 2-27-19; Ord. No. 26625, § 51, 6-14-23)

Sec. 40-404. - Area regulations.

(a)

Yard requirements for multiple-family dwellings that exceed the maximum height allowed by right are located in the height regulations section of this district.

(b)

Yard.

(1)

Front yard.

a.

A minimum front yard of twenty (20) feet is required.

b.

On through lots the required front yard shall be provided on both streets.

(2)

Side yard.

a.

No side yard is required except on the side of a lot abutting a residential district which shall provide a minimum side yard of five (5) feet.

b.

Where a side yard, though not required, is provided a minimum side yard of three (3) feet shall be provided.

c.

On corner lots a minimum of ten (10) feet is required on the side of the lot abutting the street.

(c)

Lot area. When living facilities are erected above or in connection with other uses, the lot area per family regulation shall be the same as those in the R-3, Multiple Family Residential District.

(1)

When a residential use occurs as permitted in section 40-402(1), the lot area requirements of Core District-Residential, CD-R shall apply.

(Ord. No. 20783, § 3(XIII-D(4)), 9-22-99; Ord. No. 21715, § 8, 11-13-02; Ord. No. 22794, § 9, 7-19-06)

Sec. 40-405. - Sign regulations.

(a)

Permitted signs.

(1)

Detached and roof signs.

a.

Number.

1.

Either one (1) detached sign or one (1) roof sign shall be permitted on a development site, but not both.

2.

On corner lots, one (1) additional sign of the same type as the first sign may be allowed when at least one of the lot lines abutting the street right-of-way exceeds three hundred (300) linear feet.

b.

Sign area. The maximum detached sign area shall be calculated at a ratio of one and one-half (1.5) square feet per linear foot of property frontage or three hundred (300) square feet, whichever is less. The area of the second sign on a corner lot shall be calculated in the same manner.

(2)

Attached signs.

a.

Sign area. Signs on windows and awnings shall be included in the total sign area.

1.

The maximum attached sign area shall be calculated at a ratio of three (3) square feet per linear foot of an establishment's primary building frontage or fifteen (15) percent of the primary building frontage elevation area, whichever is less.

2.

Corner developments with more than one (1) street frontage may be granted additional attached sign area. The maximum additional sign area shall be calculated at a ratio of one and one-half (1.5) square feet per linear foot of an establishment's secondary building frontage or seven and one-half (7.5) percent of the secondary building frontage elevation area, whichever is less.

b.

Location. Attached signs may be located on any building elevation.

(3)

Signs with supplemental criteria.

a.

Freestanding marquee signs. Freestanding marquees shall only be permitted for theaters and shall have a maximum area of two hundred (200) square feet.

b.

Signs for multiple-family dwellings. Additional sign requirements for multiple-family dwellings that exceed the maximum height allowed by right are located in the height regulations of this district.

c.

Electronic variable message signs. Electronic variable message (EVM) signs in accordance with section 40-681 shall meet the following additional criteria:

1.

Number. Only one (1) detached EVM sign shall be permitted on a development site.

2.

Sign area. The EVM portion of the sign shall comprise no more than twenty-five (25) square feet.

3.

Residential proximity. EVM signs shall be located a minimum of one hundred fifty (150) feet from any residential district.

4.

Variances. A variance may be granted for an EVM sign under the provisions set forth in section 40-792 of this Code.

(b)

Prohibited signs. The following signs shall be prohibited:

(1)

Flashing signs and signs with animated and scintillating lights.

(2)

Off-premises signs.

(Ord. No. 20783, § 3(XIII-D(5)), 9-22-99; Ord. No. 22794, § 9, 7-19-06; Ord. No. 24364, § XXXII, 11-7-12)

Sec. 40-406. - Off-street parking and clear vision area requirements.

Shall be provided as set forth in Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations.

(Ord. No. 20783, § 3(XIII-D(6)), 9-22-99; Ord. No. 22794, § 9, 7-19-06; Ord. No. 23330, § IV, 6-11-08)

Sec. 40-407. - Loading zone requirements.

Shall be provided as set forth in Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations.

(Ord. No. 20783, § 3(XIII-D(7)), 9-22-99; Ord. No. 23330, § XIII, 6-11-08)