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Jefferson Parish City Zoning Code

ARTICLE XXIV

BUSINESS CORE DISTRICT BC-2

Sec. 40-421.- Purpose.

This district encompasses an area of high density and intensity development situated on principal thoroughfares and represents an urban mixed-use core. The areas of high intensity development contain office, retail, and service uses and represent a local and regional employment and shopping commercial center. They also contain dense residential development as single uses or mixed with commercial uses to create an urban environment with diverse choices for living and working.

(Ord. No. 20783, § 3(XIII-E(1)), 9-22-99; Ord. No. 22794, § 10, 7-19-06)

Sec. 40-422. - Permitted uses.

In BC-2 Districts only the following uses of property shall be permitted:

(1)

Any existing stand-alone 1-, 2-, 3-, or 4-family residential 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 only 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 enterprises (indoor), but not to include adult cabarets, massage parlors and pool rooms.

(4)

Animal hospitals and veterinary clinics provided any structure used for housing animals be located a minimum of one hundred (100) feet from any residential district.

(5)

Automobile sales provided any mechanical or body repairs are conducted within a building having no opening other than stationary windows, within one hundred (100) feet of a residential district and that all vehicles for sale on the lot must be in operating condition at all times.

(6)

Bakeries, retail.

(7)

Banks.

(8)

Barber and beauty shops.

(9)

Bars as accessory uses to other uses such as hotels and restaurants or when located in a main structure containing two (2) or more of the following uses: (1) offices, (2) retail, (3) hotels, and (4) theaters; and further provided that such bar does not exceed twenty-five (25) percent of the total floor area of the main structure.

(10)

Car washes with criteria listed in Article XXVIII, General Commercial C-2, section 40-522, Permitted Uses.

(11)

Caterers and delicatessen.

(12)

Clinics, but not to include chemical dependency units.

(13)

Commercial body art facilities.

(14)

Copying service.

(15)

Dry cleaners, laundries and collection and distribution stations.

(16)

Tailor, milliner, alterationist or similar business.

(17)

Filling stations and service stations, provided the following criteria are met:

a.

The station is not within one hundred (100) feet of a residential district;

b.

That no parts or waste material shall be stored outside the building unless an opaque fence a minimum height of seven (7) feet is provided on all sides to completely screen the area from view from public rights-of-way and adjacent properties;

c.

That damaged vehicles awaiting servicing shall be stored in an area enclosed with a solid wood or masonry fence of such height so as to adequately screen the area from public view;

d.

There shall be a front yard having a depth of not less than fifteen (15) feet;

e.

There shall be a minimum five (5) feet landscape strip along all property lines, excluding access ways such as driveways; said landscape strip shall serve as a buffer between adjacent property and shall consist of ground cover planted with shrubs and/or trees.

(18)

Garages, storage and public, provided all repair operations, mechanical and body, are conducted in a building having no opening other than stationary windows, within one hundred (100) feet of a residential district and, provided further, that no parts or waste material shall be stored outside the building, provided further that damaged automobiles and/or other vehicles awaiting repair must be stored in an area enclosed with an opaque wood, brick, or masonry fence with a minimum height of eight (8) feet that completely screens the area from view from rights-of-way and adjacent properties.

(19)

Government structures and land.

(20)

Health and athletic clubs.

(21)

Health care facilities.

(22)

Hospitals. When heliports are proposed as a part of a hospital, they shall be reviewed under the provisions of article XL, special permitted uses.

(23)

Hotels and motels.

a.

Site requirements.

1.

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

2.

Setbacks. Hotels and motels shall be set back from the lot line a minimum of ten (10) feet for each floor of the building where the lot line abuts any of the following One-, Two-, Three-, or Four-Family residential districts: Suburban District (S-1), Single-Family Residential District (R-1A), Suburban Residential District (R-1B), Rural Residential Districts (R-1C and R-1D), Manufactured Home District (R-1 MH), Two-Family Residential District (R-2), Three- and Four-Family Residential District (RR-3), and Townhouses (R-1 TH). The required setback shall not exceed forty (40) feet and where setback provisions set forth in other parts of the Code are in conflict with these regulations, the more restrictive shall apply.

3.

Variances.

A.

Hotels and motels requesting a variance to the landscaping and buffering requirements specified above may apply to the Jefferson Parish Council for a variance in accordance with section 40-480. Site plan review of Article XXVI, Commercial Parkway Overlay Zone.

B.

The parish council and any parish board, commission, department or administrative agency shall not issue a variance to the above setback requirements.

b.

Operational requirements. Hotels and motels shall meet the provisions set forth in Chapter 17.5 Lodging Accommodations of the Jefferson Parish Code of Ordinances.

(24)

Institutions for professional or educational training.

(25)

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

(26)

Nightclubs provided the criteria listed below are met. For purposes of this section a nightclub shall refer to any structure or establishment, or part thereof, that provides live entertainment on a regularly scheduled basis, serves alcoholic beverages and offers food prepared on premises in a fully equipped culinary facility.

a.

Entertainment restrictions. Entertainment which features dancers, go-go dancers, exotic dancers, male or female impersonators or similar entertainers shall not be permitted. The applicant shall provide a description of the type of entertainment offered and a different type of entertainment shall require a new application.

b.

Operating restrictions. Nightclubs shall be permitted to operate only during the following hours:

1.

Monday through Thursday: 11:00 a.m.—2:00 a.m.

2.

Friday, Saturday, Sunday and holidays: 11:00 a.m.—3:00 a.m.

3.

No alcohol can be served after 3:00 a.m. In addition, the applicant shall provide two (2) off-duty Jefferson Parish Sheriffs' officers on the premises on Fridays, Saturdays, holidays and for all scheduled live entertainment shows from 10:00 p.m. until closing.

c.

Ingress and egress. Traffic generated by the use shall not be permitted to enter or exit from any portion of the site which is adjacent to or faces a residential district.

d.

Distance requirements. The establishment shall be located at least two hundred (200) feet from any residential district, as measured along the nearest pedestrian walkway or street right-of-way adjacent to the main entrance of the establishment to the nearest residential district line.

e.

Site plan submittal. The applicant shall provide site plans in accordance with the requirements of section 40-426(c) of this section. In addition, the following information shall also be provided:

1.

Land use. Land uses within two hundred (200) feet of the proposed nightclub.

2.

Noise abatement plan. The establishment shall be designed to prevent the intrusion of noise onto adjacent property and to otherwise buffer noise generating areas from the general public in compliance with section 20-102 of the Jefferson Parish Code of Ordinances. In addition, all entrances and exits designed for general use, not to include emergency use only exits, shall not face a residential district. The noise abatement plan shall contain the following minimum information.

i.

The location of all entrance and exit doors;

ii.

The elements of landscaping and building design that will reduce and control noise emissions.

3.

Litter control plan. The applicant shall provide a litter control plan indicating the method(s) to be used to keep the site and surrounding property free of debris generated by the use.

4.

Residential buffer zone. A seven-foot wood, brick or masonry fence, or an opaque landscape barrier consisting of trees, shrubs hedges or similar vegetation, or a combination thereof, shall be provided along the perimeter of the site which is adjacent to or faces a residential district.

f.

Food service requirements. A fully operational culinary facility shall be located on the premises and comprise at least five (5) percent of the floor area of the establishment. Such facility shall contain: dry and refrigerated food storage areas; food preparation area; stove; and hygiene facilities, including toilet, wash basin and hot and cold water, not accessible to the general public.

g.

Council approval. The proposed nightclub shall be approved by the Jefferson Parish Council in accordance with section 33-2.23, special permitted uses. In addition, said use shall be renewed in accordance with section 33-2.23.6, renewal of special permitted use.

(27)

Offices.

(28)

Parking garages and parking lots.

(29)

Printing, and publishing with printing, provided the following criteria are met:

a.

Gross floor area shall not exceed ten thousand (10,000) square feet.

b.

The maximum web or sheet size of any printing press shall be under forty (40) inches.

c.

No more than one (1) company vehicle shall be stored on the site.

d.

One (1) loading space shall be provided for each seven thousand five hundred (7,500) square feet or fraction thereof; and if located on a side abutting a residential zoning district or use, the loading space shall be screened by an opaque wood, masonry, or brick fence with a minimum height of seven (7) feet.

e.

All operations shall take place completely within a building.

f.

No outside display or storage of materials shall be allowed.

g.

The use shall comply with the parish noise ordinance and with the parish fire prevention code and parish building code for hazardous material usage and storage.

(30)

Public utility structures. See Article XXXIX, Exceptions and Modifications for additional criteria.

(31)

Publishing without printing.

(32)

Radio and television studios and broadcasting stations.

(33)

Restaurants and cafeterias.

(34)

Retail stores and establishments.

(35)

Retail service and repair establishments provided that all storage and repair is confined within an enclosed structure and that all business vehicles are parked within the building or completely screened from view from public rights-or-way and adjacent properties by a wood, brick, or masonry fence with a minimum height of seven (7) feet.

(36)

Self-storage. Section 33-5.3, specific use standards shall apply.

(37)

Taxi and public transit stands.

(38)

Wholesale display and sale of merchandise (indoor), except warehousing.

(39)

Accessory buildings and uses and warehouses when located on the same lot as a permitted use in this district and provided that materials or articles are not stored in an open area outside the building unless the area is completely screened from view from public rights-of-way and adjacent properties with an opaque wood, masonry, or brick fence with a minimum height of seven (7) feet.

(40)

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

(41)

Industrial design.

(42)

Commercial kitchens.

(Ord. No. 20783, § 3(XIII-E(2)), 9-22-99; Ord. No. 21715, § 9, 11-13-02; Ord. No. 22794, §§ 2, 10, 7-19-06; Ord. No. 23330, § XX, 6-11-08; Ord. No. 23954, § 6, 2-2-11; Ord. No. 24112, § III, 9-21-11; Ord. No. 24189, § X, 1-25-12; Ord. No. 24823, § XIII, 9-17-14; Ord. No. 25405, § 65, 8-9-17; Ord. No. 25349, § 8, 5-3-17; Ord. No. 25513, § 15, 2-21-18; Ord. No. 25562, § 8, 4-25-18; Ord. No. 26302, § 28, 11-10-21; Ord. No. 26792, § 55, 5-22-24)

Sec. 40-423. - Height regulations.

(a)

Maximum height allowed by right. The maximum height for any building or structure by right shall be sixty-five (65) feet.

(b)

Exceptions to the maximum height allowed by right. A building or structure may exceed sixty-five (65) feet in height provided the following criteria, and additional or more restrictive criteria of section 40-737(4), are met:

(1)

Proximity to residential districts. To encourage compatibility with adjacent residential developments, the following shall apply:

a.

Buildings or structures greater than sixty-five (65) feet in height shall be located in their entirety a minimum distance measured, without regard to intervening structures, from the nearest lot line of the nearest one-, two-, three-, or four-family residential zoning district including any of the following 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), to the nearest exterior structural wall of the building to the one-, two-, three-, or four-family residential zoning district and equal to the maximum height of the entire building or structure up to two hundred (200) feet. See Figure 40-423.1, Building height based on proximity to residential zoning districts.

b.

The above requirement shall not apply to buildings or structures located in their entirety more than two hundred (200) feet from any of the above-mentioned one-, two-, three-, or four-family residential zoning districts as measured, without regard to intervening structures, from the nearest lot line of the nearest one-, two-, three-, or four-family residential zoning district to the nearest exterior structural wall of the building or structure to the one-, two-, three-, or four-family residential zoning district. See Figure 40-423.2, Building height unlimited.

(2)

Design standards. A building or structure exceeding sixty-five (65) feet in height shall comply with the following design standards:

a.

Setbacks.

1.

Front yard. No front yard is required.

2.

Side yard. No side yard is required except on the side of a lot abutting a one- to four-family residential district there shall be a side yard having a minimum width of twenty (20) feet.

3.

Rear yard. No rear yard is required except on the rear of a lot abutting a one- to four-family residential district there shall be a rear yard having a minimum depth of twenty (20) feet.

4.

Developments that do not abut a one-, two-, three-, or four-family residential zoning district shall comply with the setback and lot area regulations of this district.

b.

Lot area.

1.

Each lot shall have a minimum lot width of fifty (50) feet and a minimum lot depth of one hundred (100) feet and contain five thousand (5,000) square feet of lot area.

2.

When a lot is improved for a stand-alone residential use, or when living facilities are erected above or in connection with other uses, the lot area per family shall be the same as those in the R-3 Multiple Family Residential District.

c.

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 generally 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.

d.

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.

e.

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 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), 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.

f.

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 arbitor 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.

g.

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.

h.

Transportation networks.

1.

Adequate ingress, egress and internal circulation shall be provided to accommodate vehicular and pedestrian traffic, including walks, driveways, service bays and driveways, and off-street loading areas.

2.

Parking spaces shall be oriented so that no vehicle is able to back directly into a public right-of-way.

3.

All areas subject to vehicular traffic, including access ways, service bays and drives, loading and unloading areas shall be paved with hard, all-weather material.

4.

Pedestrian and vehicular traffic shall be separated with landscaped space.

5.

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

6.

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.

i.

Service bays and drives.

1.

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.

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 by a fence with a minimum height of seven (7) feet and consisting of wood, brick or masonry.

j.

Curbs and curb cuts. All curbs on street frontage shall be vertical curbs. No roll-over curbs shall be permitted in the proposed Business Core District-BC-2 site plan.

k.

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.

l.

Landscaping.

1.

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

2.

No parking or paving shall be permitted within the required front yard setback, with the exception of the driveway curb cut necessary for ingress and egress to the parking area.

3.

In accordance with section 40-665, clear vision area regulations, access way and street intersection sight triangles shall be maintained.

m.

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

n.

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:

i.

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

ii.

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

iii.

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

iv.

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

v.

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

2.

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

i.

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

ii.

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:

i.

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

ii.

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

(3)

Site plan review. A building or structure that exceeds sixty-five (65) feet in height shall be subject to site plan review in accordance with the following requirements:

a.

Review procedures. Application for development that exceeds sixty-five (65) feet in height shall be submitted to the Jefferson Parish Planning Department on a form approved by the planning director. 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 that fully complies with the requirements of this article. Once the planning department has determined that a level 1 site plan review applies, 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.

b.

Submittal requirements. The planning department shall consider an application complete when it contains the following information:

1.

Proposal ownership.

i.

A letter of transmittal shall be submitted describing in detail the proposed development.

ii.

A notarized affidavit verifying the applicant's name, address and interest in the application, and the name, address and interest of every person, firm or corporation represented by the applicant in the application; the concurrence of the owner or owners of the entire land are included in the proposed plan and all encumbrances of such land; and sufficient evidence to establish that the applicants are all the owners and encumbrances of the designated area and have the ability to do so.

iii.

A notarized affidavit in accordance with Chapter 2 of this Code regarding campaign contributor disclosure for land use action.

2.

Development plans. The site plan shall be submitted including, but not limited to, the following information:

i.

The name of the development, owner, north point, date and scale of site plan.

ii.

Existing property boundaries, adjoining street right-of-way, buildings and any important physical features on and adjoining the property. Distance from closest one-, two-, three-, or four-family residential zoning district.

iii.

Location and dimensions of all existing and proposed streets, driveways, entrances and exits, parking spaces, service bays and loading areas, and sidewalks, with proposed traffic circulation patterns.

iv.

Location, height and elevations of all structures to be located on the site showing setback dimensions, use and type of materials, and bulk planes if applicable.

3.

Ordinances and legal attachments. An ordinance and all other legal attachments relative to the proposed development are required at the time of application in the format specified by the Jefferson Parish Clerk of Council.

4.

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.

5.

Minor changes in approved site plan.

i.

Minor changes needed to facilitate construction and site improvements are permitted, if such minor changes will not change the character of the approved development, nor increase the density, gross floor area, intensity of use, or ground coverage. Further no increase of total building site area, in spaces between buildings, the ratio of off-street parking and off-street loading area to gross floor area, or gross floor area shall be considered. No change shall be deemed minor to the approved site plan that alters the approved permitted uses.

ii.

The planning director shall review and determine what constitutes a minor or major change for the approved site plan and be responsible for making minor changes to the site plan, if the request is approved. Appeals of said decision by the planning director shall be forwarded to the planning director concerning said minor change. Otherwise, an amendment to the site plan shall be required, in accordance with procedures delineated in section 40-426(g), Amendment or Withdrawal of a Business Core District-BC-2 Site Plan, of this section.

6.

Amendment. Pursuant to the same procedure and subject to the same limitations and requirements by which the site plan was approved, any Business Core District-BC-2 site plan may be amended, either partially or completely, if all remaining features of the site plan including land and structures comply with all conditions and limitations of the Business Core District-BC-2.

7.

Phasing requirements.

i.

Multiphase development. Developments within the Business Core District-BC-2 may be developed in phases, provided that the development meets the following criteria:

A.

Developments that do not contain residential uses shall complete the more restrictive land uses and the 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.

B.

At the time of application, the applicant submits 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.

At the time of application, the applicant submits a phasing schedule including the number of phases in which the development will be built, the dates when construction of each phase will begin and end, and the infrastructure and on-site improvements to be included in each phase.

ii.

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.

8.

Time limitations.

i.

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.

ii.

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.

iii.

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.

9.

Extensions.

i.

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:

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 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.

ii.

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.

10.

Appeal. Regulations, requirements, or standards outlined in the Business Core District-BC-2, Special Permitted Use Section, are not subject to appeal to the board of zoning adjustments.

11.

Codes. Development within a Business Core District-BC-2 shall meet all federal, state and local fire, safety and building codes, and all other applicable codes.

(Ord. No. 20783, § 3(XIII-E(3)), 9-22-99; Ord. No. 22794, § 10, 7-19-06; Ord. No. 23330, § XXI, 6-11-08; Ord. No. 23292, § 19, 5-7-08; Ord. No. 24003, § IV, 5-11-11; Ord. No. 25405, § 66, 8-9-17; Ord. No. 25744, § 11, 2-27-19; Ord. No. 26490, § 23, 9-28-22; Ord. No. 26625, § 52, 6-14-23)

Sec. 40-424. - Area regulations.

The following regulations shall be for structures sixty-five (65) feet or less in height. Regulations for structures exceeding sixty-five (65) feet in height are stated in the site plan review section of this list.

(1)

Setbacks.

a.

Front yard.

1.

All structures shall be a minimum of twenty (20) feet from the street right-of-way.

2.

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

b.

Side yard.

1.

All structures shall be a minimum of ten (10) feet from the property line.

2.

On the side of a lot abutting a residential district or a residential structure, there shall be a side yard having a minimum width of fifteen (15) feet.

3.

On corner lots the side yard on the side of the lot abutting the side street shall not be less than ten (10) feet.

c.

Rear yard.

1.

All structures shall be a minimum of fifteen (15) feet from the property line.

2.

On the rear of a lot abutting a residential district or a residential structure there shall be a rear yard having a minimum depth of twenty (20) feet.

d.

Lot area.

1.

Each lot shall have a minimum lot width of fifty (50) feet and a minimum lot depth of one hundred (100) feet and contain five thousand (5,000) square feet of lot area.

2.

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.

(2)

Lot area.

a.

Each lot shall have a minimum lot width of fifty (50) feet and a minimum lot depth of one hundred (100) feet and contain five thousand (5,000) square feet of lot area.

b.

When a lot is improved for a stand-alone residential use, or 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.

(Ord. No. 20783, § 3(XIII-E(4)), 9-22-99; Ord. No. 21715, § 10, 11-13-02; Ord. No. 22794, § 10, 7-19-06)

Sec. 40-425. - 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 may be allowed when at least one (1) 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 three and one-half (3.5) square feet per linear foot of property frontage or four hundred fifty (450) square feet, whichever is less. The area of the second sign on a corner lot shall be calculated in the same manner.

c.

Sign spacing. There shall be a minimum distance of three hundred (300) feet between two (2) detached signs on the same site.

d.

Large development sites. For developments located on property exceeding ten (10) acres, an additional three hundred (300) square feet of sign area is permitted provided the total area of both signs does not exceed seven hundred fifty (750) square feet.

(2)

Attached signs.

a.

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

For sites with more than one (1) street frontage, the site may be granted additional attached sign area. The maximum additional attached 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. Signs may be located on any building elevation.

(3)

Signs with supplemental criteria.

a.

Signs for multiple-family dwellings. Signs for multiple-family dwellings that exceed the maximum height allowed by right shall conform to section 40-448 of this Chapter or the sign regulations of this section, whichever is more restrictive.

b.

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 fifty (50) percent of the allowable detached sign area or one hundred (100) square feet, whichever is less.

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-E(5)), 9-22-99; Ord. No. 22794, § 10, 7-19-06; Ord. No. 24364, § XXXIII, 11-7-12)

Sec. 40-426. - Off-street parking and clear vision area requirements.

Off-street parking shall be provided as set forth in Article XXXV, Off-Street Parking and Loading Regulations.

(Ord. No. 20783, § 3(XIII-E(7)), 9-22-99; Ord. No. 22794, § 10, 7-19-06)

Sec. 40-427. - 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-E(8)), 9-22-99; Ord. No. 22794, § 10, 7-19-06; Ord. No. 23330, § XIII, 6-11-08; Ord. No. 22794, § 10, 7-19-06)