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Jefferson Parish City Zoning Code

ARTICLE XXVI

COMMERCIAL PARKWAY OVERLAY ZONE

Sec. 40-471.- Purpose.

The purpose of the Commercial Parkway Overlay Zone (CPZ) is to superimpose an overlay zone utilizing landscape and buffer standards to enhance the general quality of commercial and office development or structures located on arterial streets or collectors as delineated in the Jefferson Parish Thoroughfare Plan; by providing buffers to neighboring residences and other commercial uses; increase public safety by guiding traffic; by minimizing the impact of commercial development and structures on the drainage system; by decreasing the amount of paved area; and by coordinating green space and signage in commercial and office areas. Commercial Parkway Overlay Zone requirements are imposed in addition to the underlying zoning district regulations and development and structures within the overlay zone must conform to the requirements of both the district and the overlay zone, or the more restrictive of the two (2).

(Ord. No. 20783, § 3(XIII-G(1)), 9-22-99; Ord. No. 23292, § 24, 5-7-08)

Sec. 40-472. - Definitions and permitted uses.

(a)

Definitions. For the purpose of this article, certain words and terms are hereby defined:

Canopy shall mean an attached or detached structural protective cover open on two (2) or more sides and intended for drive-in, drive-up, or drive-through uses.

Support building(s) or structure(s) shall mean any building or structure that is not the principal building and is accessory to the operation of the principal use, including but not limited to: cooler units for restaurants, warehouses or storage sheds or units, gas pumps and vacuum stations at gas stations, playground equipment for multiple-family dwellings or fast food restaurants, detached restrooms or detached automatic teller machines (ATM). Self-supporting canopies covering such structures shall not be included for purposes of regulation.

(b)

Permitted uses. In the Commercial Parkway Overlay Zone only the following uses of property shall be permitted:

(1)

Permitted uses shall be those allowed in the underlying zoning district.

(2)

All uses except single-family and two-family dwellings shall be required to comply with CPZ requirements.

(Ord. No. 20783, § 3(XIII-G(2)), 9-22-99; Ord. No. 22010, § 11, 10-8-03; Ord. No. 23663, § 2, 10-14-09; Ord. No. 23938, § 5, 1-12-11; Ord. No. 25480, § 19, 1-10-18)

Sec. 40-473. - Height regulations.

Height regulations shall be in accordance with the underlying zoning district.

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

Sec. 40-474. - Area regulations.

(a)

Area regulations concerning front, side and rear yard and lot area shall be in accordance with the underlying zoning district with the following exceptions:

(1)

In addition to front yard requirements of the underlying district, the first twenty (20) feet from the front lot line shall be the minimum front yard and building setback and shall be landscaped in accordance with section 33-6.25, Landscaping, buffering, and screening. No parking or paving shall be allowed in the required front yard except for sidewalks or approved driveways directly connecting the development site to the adjacent street. Notwithstanding provisions in Chapter 33 that establish lot frontage, for purposes of applying CPZ landscaped buffer requirements in the required yards of a corner lot and as determined by the planning director, the required front yard shall be located on the street with the higher classification in the parish thoroughfare plan, or if the streets have equal classification, it shall be located on the street upon which the building has its primary entrance.

(2)

On corner lots there shall be a yard with a minimum depth of ten (10) feet from the lot line abutting the side street, and this yard shall be landscaped in accordance with section 33-6.25, Landscaping, buffering, and screening. No building or structure shall be located within this required side yard. If a development has a side yard greater in depth than the minimum required yard, no support building or structure shall be located any closer to the lot line abutting the side street than the principal building.

(b)

All new development shall occur on sites with a minimum site area of ten thousand (10,000) square feet and a minimum frontage of seventy-five (75) feet and a minimum depth of one hundred (100) feet.

(c)

When two (2) or more adjoining lots comprise a CPZ development site, such lots shall be resubdivided into one (1) lot of record, except as provided for in section 40-472 Definitions and Permitted Uses and section 40-479(c) Group Development and Outparcels.

(d)

Development sites established prior to the effective date of this amendment, adopted on October 8, 2003, that do not meet the 10,000 square feet minimum site area requirement shall be exempt from such requirement. However, where two (2) or more adjoining and vacant lots with continuous frontage are in a single ownership at the time of passage of this amendment and such lots have a frontage or lot area less than is required by the CPZ, such lots shall be resubdivided to create one (1) development site which conforms to the minimum lot area requirements of the CPZ.

(Ord. No. 20783, § 3(XIII-G(4)), 9-22-99; Ord. No. 22010, § 12, 10-8-03; Ord. No. 23663, § 2, 10-14-09; Ord. No. 24955, § 7, 6-10-15; Ord. No. 25405, § 74, 8-9-17)

Sec. 40-475. - Parking requirements.

(a)

Parking space requirements are listed in Article XXXV, Off Street Parking, Loading, and Clear Vision Area Regulations in the Zoning Ordinance.

(b)

All parking areas shall be paved and be landscaped in accordance with section 33-6.25, Landscaping, buffering, and screening.

(c)

Additionally, said parking spaces shall be oriented so that no vehicle is required to back directly into a street right-of-way.

(Ord. No. 20783, § 3(XIII-G(5)), 9-22-99; Ord. No. 23330, § XXVII, 6-11-08; Ord. No. 25405, § 75, 8-9-17)

Sec. 40-476. - Landscape and buffer requirements.

(a)

General. Landscaping standards in this section are minimum requirements intended to enhance the aesthetics of transportation corridors, reduce heat island effects, and provide effective buffering of all vehicular use areas from streets or other views. Development within the Commercial Parkway Overlay Zone shall be encouraged to incorporate waterscapes, fountains, clock towers or other architectural features with landscaping to add to aesthetics and visual attraction.

(b)

Section 33-6.25, Landscaping, buffering, and screening, shall apply. In addition to the streetscape landscaping, a hedge, wall, earth berm, or other durable landscape barrier of a minimum of two (2) feet in height shall be placed between the abutting right-of-way and any off-street parking area, service area, or loading and unloading area to screen the vehicular use area. If the barrier consists of non-living material, one (1) vine or shrub shall be planted every ten (10) feet and abutting the barrier.

(c)

Service bays/drives.

(1)

All service bays, loading and unloading areas, trash receptacles and dumpster area must be screened by a wood, brick, or masonry fence with a minimum height of seven (7) feet. This fence is in addition to perimeter landscape requirements set in this section.

(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 dumpster areas shall comply with the requirements of Chapter 16, Garbage and other solid waste, section 16-4(d), Bulk waste containers. In situations where the regulations of that chapter and the regulations of this article are in conflict, the more restrictive shall apply.

(d)

Clear vision areas shall be maintained in accordance with section 40-665, Clear vision area regulations.

(e)

Sidewalks.

(1)

Sidewalks shall be provided in accordance with parish codes.

(2)

Sidewalks shall be incorporated and coordinated with landscaping requirements stated herein and may be curved to add to aesthetic appeal.

(f)

Lighting.

(1)

The maximum height for any light fixture is twenty-five (25) feet.

(2)

Lighting shall be oriented inward, toward the development or structures, to minimize intrusion into surrounding property.

(3)

Lighting fixtures shall be incorporated within landscaped areas.

(g)

Support buildings and structures.

(1)

Support buildings. Any part of a support building visible from street right-of-way that is not screened by fencing or landscaping that meets the requirements of this article must have the same architectural treatment as the principal building.

(2)

Support structures. Any part of a support structure that is not a building, other than playground equipment accessory to permitted uses in this district or those structures used for drive-up service, e.g. gas pumps, vacuum stations and ATMs, visible from street right-of-way shall be screened by a wood, brick or masonry fence with a minimum height of seven (7) feet.

(Ord. No. 20783, § 3(XIII-G(6)), 9-22-99; Ord. No. 22670, § 11, 1-11-06; Ord. No. 23330, § XXVIII, 6-11-08; Ord. No. 23663, § 2, 10-14-09; Ord. No. 24823, § XVIII, 9-17-14; Ord. No. 24955, § 8, 6-10-15; Ord. No. 25405, § 76, 8-9-17)

Sec. 40-477. - Sign regulations.

(a)

General. The following sign regulations shall apply to all signs on property within a designated CPZ, unless provisions in the underlying zoning district or otherwise stated in the Comprehensive Zoning Ordinance are more restrictive, in which case and in keeping with the purpose of the CPZ, the more restrictive sign regulations shall prevail. For the purpose of this section, "development" refers to a building(s) and/or structure(s) on a site.

(b)

Permitted signs.

(1)

Attached, flat, projecting and roof signs. Each use shall be allowed one (1) attached flat sign, or projecting sign or roof sign subject to the following provisions:

a.

Permitted sign area.

1.

The allowable total attached sign area shall be computed at three (3) square feet per lineal foot of primary building frontage elevation area consisting of the wall on which the business or development has its main entrance; or twenty (20) percent of the building frontage elevation area on which the sign is to be located, provided however that no single attached sign shall exceed three hundred (300) square feet. Illuminated signs inside of windows and within five (5) feet of such windows shall be included in the computation of aggregate sign area and in addition shall be limited to ten (10) percent of the total glass area of the window in which the signs are placed.

2.

On corner properties, one (1) additional sign shall be permitted on a secondary building frontage elevation area provided the total area of the sign does not exceed fifty (50) percent of the allowable sign area as for single frontage properties.

3.

Developments meeting the following minimum setback schedule shall be allowed a larger attached sign area.

Minimum

Setback
Maximum

Percentage of

Primary

Building

Elevation Area
100—199 ft. 20%
200 ft.+ 25%

 

b.

Permitted dimensions. No projecting sign shall extend more than five (5) feet from the face of the building.

c.

Permitted height. No sign shall be erected above the roof ridge line of the main building.

(2)

Awning and marquee signs. Awning or marquee sign area shall not exceed twenty (20) square feet per sign except that where an awning or marquee sign is used in place of an attached flat sign or a projecting sign, the awning or marquee sign shall not exceed the lesser of the allowable attached or projecting sign, or forty (40) percent of the vertical area of the awning or marquee on which the sign is located.

(3)

Detached signs. Each development shall be allowed one (1) on-premises detached sign except as noted in paragraphs (4) and (5) below, subject to the following provisions:

a.

Permitted sign area. The allowable sign area shall not exceed one (1) square foot per lineal foot of lot frontage (being the length of the lot along the adjacent public right-of-way) or three hundred (300) square feet, whichever is less. On corner and through lots only one (1) lot frontage may be used to determine the allowable sign area.

b.

Permitted height. The height of a detached sign shall not exceed thirty (30) feet. However, the height may be increased one (1) foot for every one (1) foot of setback from the lot line, not to exceed forty (40) feet.

c.

Permitted materials. The sign shall be constructed of metal or wood, or encased in a wood frame or other such material which complement and coordinate with the architectural style of the development.

d.

Design features. Signs should be coordinated and incorporated into the required landscaped areas. For example, signs should be mounted on earth berms instead of standard support structures whenever possible.

(4)

Corner lots. On corner lots where either lot line exceeds three hundred (300) feet, a second sign shall be permitted with the same requirements for single frontage properties, provided that no such detached sign shall be located across from, adjacent to or within seventy-five (75) feet of a residential development or district.

(5)

Secondary signs on through lots. A second sign may be erected on the second front of a through lot provided the following additional provisions are met:

a.

1.

The maximum area of the second sign is seventy (70) square feet.

2.

The maximum area of the second sign is twenty (20) square feet if the through lot is located across from, adjacent to or within seventy-five (75) feet of a residential development or district.

b.

The maximum height of the second sign is twelve (12) feet.

c.

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

d.

The landscaping bed shall consist of shrubs, ground cover (excluding grass) and/or other suitable plant materials, and exclude any impervious surface.

e.

The second sign must be set back from the lot line a distance at least equal to the height of the sign.

(6)

Directional signs.

a.

Directional signs shall be excluded from the sign area calculation for both permitted attached and detached signs.

b.

Each directional sign shall have a maximum area of six (6) square feet.

c.

Detached directional signs shall have a maximum height of eight (8) feet above grade.

d.

Directional signs may be illuminated but shall not flash, blink or fluctuate.

e.

A directional sign shall not be an animated sign.

(7)

Menu boards. Menu boards servicing drive-up (drive-through) restaurants shall be permitted provided that:

a.

Number. Only one (1) menu board shall be permitted per drive-through lane.

b.

Landscaping required. The menu board shall be located in association with the drive-through service lanes and section 33-6.25, Landscaping, buffering, and screening, shall apply.

c.

Visibility from street right-of-way. The menu board shall not be visible from the street right-of-way from which the primary access to the premises is obtained.

d.

Setbacks.

1.

The menu board shall not be located within the first twenty (20) feet of the front of the development site.

2.

The menu board shall be located a minimum of twenty (20) feet from any lot line abutting residential property.

e.

Sign area. The menu board shall have a maximum area of forty-eight (48) square feet.

f.

Sign height. The menu board shall have a maximum height of eight (8) feet.

g.

Sound system. The sound system associated with a menu board shall be oriented and adjusted in such a way that resulting noise does not intrude into surrounding development in compliance with the applicable provisions of section 20-102, noise, of the Code of Ordinances of Jefferson Parish.

(8)

Portable signs. Portable signs are prohibited in the CPZ.

(9)

Temporary signs shall be governed by general regulations set in Article XXXVI, General Sign Regulations.

(10)

Nonconforming signs.

a.

All signs not in conformance with the provisions of this overlay zone, including off-premises signs erected prior to the enactment of this overlay zone, shall be subject to the provisions stated in subsections 1. and 2. below. Such signs may continue in operation and be maintained after the placement or effective date of the Commercial Parkway Overlay Zone, CPZ, provided the height and area of the sign is not increased. The burden of establishing such signs as legally nonconforming rests entirely with the person claiming such status for a sign and subject to the following:

1.

Whenever a non-conforming sign is replaced it shall comply with the provisions of this section.

2.

Signs relocated on the same or different premises within the CPZ shall comply with the provisions of this section.

(11)

Electronic variable message signs. On-premises electronic variable message (EVM) signs shall meet the standards of the underlying district.

(c)

Prohibited signs. The following signs shall be prohibited:

(1)

Flashing signs and signs with animated and scintillating lights.

(2)

Animated signs.

(3)

Off-premises signs.

(Ord. No. 20783, § 3(XIII-G(7)), 9-22-99; Ord. No. 23292, § 25, 5-7-08; Ord. No. 23643, §§ 3, 4, 9-23-09; Ord. No. 23663, § 2, 10-14-09; Ord. No. 23938, § 6, 1-12-11; Ord. No. 24364, § XXXVI, 11-7-12; Ord. No. 24955, § 9, 6-10-15; Ord. No. 25405, § 77, 8-9-17)

Sec. 40-478. - Site plans.

(a)

Procedure. Prior to the issuance of a building permit, site plans for the proposal shall be submitted to the planning department as specified in section 40-480, site plan review, for review and determination if the proposal meets commercial parkway overlay requirements. If CPZ requirements are not fully met, site plan review before the planning advisory board and parish council is required.

(b)

Site plan requirements. Site plans shall contain the following information:

(1)

Complete site plans indicating but not limited to the following:

a.

Name, address and phone number of the property owner.

b.

Name, address and phone number of the designated agent or representative of the property owner.

(2)

Complete site plans indicating but not limited to the following:

a.

Certified survey with:

1.

North arrow.

2.

Bounding streets.

3.

Existing and proposed public servitudes and rights-of-way.

4.

Lot and square number, name of subdivision.

b.

Proposed and existing structure(s).

1.

Square footage of each structure.

2.

Square footage of development.

3.

Elevations.

c.

Parking layout.

1.

Location of all parking spaces.

2.

Number of required parking spaces.

3.

Number of proposed parking spaces.

4.

Type of parking.

d.

Landscaping plan, in accordance with section 33-6.25, Landscaping, buffering, and screening, including a tree survey if utilizing tree credit provisions.

e.

Light fixtures.

1.

Location.

2.

Height.

3.

Intensity.

4.

Number.

5.

Type.

f.

Service area buffers/fencing.

1.

Location.

2.

Height and length.

3.

Materials.

g.

Signs.

1.

Attached, flat and projecting.

i.

Location on building.

ii.

Dimensions.

A.

Height and width.

B.

Total square footage.

2.

Detached.

i.

Location on-site.

ii.

Dimensions:

A.

Sign face(s).

I.

Height, width, depth.

II.

Square footage.

3.

Other signs - directional, canopy and marquee.

i.

Location.

ii.

Dimensions.

A.

Height, width.

B.

Square footage.

C.

Total square footage.

I.

Attached signs.

II.

Detached signs.

III.

Other.

IV.

Grand total.

(Ord. No. 20783, § 3(XIII-G(8)), 9-22-99; Ord. No. 24364, § XXXVII, 11-7-12; Ord. No. 25405, § 78, 8-9-17; Ord. No. 26625, § 56, 6-14-23)

Sec. 40-479. - Compliance with Commercial Parkway Overlay Zone (CPZ).

(a)

Generally. Except as provided for existing development, administrative site plan review shall apply to development which fully meets the requirements of the CPZ and the underlying zoning district pursuant to section 40-479(b)(3), Space limitations of existing structures. Site plan review with public hearings before the parish council and planning advisory board in accordance with section 40-480, site plan review is required for development that does not comply with the requirements of the CPZ and the underlying zoning district.

(b)

Existing development.

(1)

Conditions for compliance. Development and structures existing prior to adoption of the CPZ shall comply with CPZ requirements when any of the following conditions are met:

a.

Change of permitted use. Structures utilized by a single business which are not a part of a development with multiple land uses such as a shopping center, and which structures were in existence prior to the adoption of the CPZ, shall comply with the CPZ requirements upon change of permitted use that would require an increase in the number of parking and loading spaces needed to service the structure.

b.

Additions. Any additions to developments or structures, including construction of parking lots, that add fifty (50) percent or more to the size of the original development shall comply with the CPZ requirements.

c.

Renovations. Developments and structures existing at the time of CPZ designation shall comply with CPZ requirements when (1) renovation of any structure involves a change in the user and use of the area involved in the renovation and (2) renovation expenses in any twelve-month period exceed fifty (50) percent of the fair market value of the existing improvements in the development as shown by the most recent tax assessment, which tax assessment information shall be provided by the applicant in affidavit form. A change in the entity that is the user shall not be considered a change of user when there is no material change between the owners of the prior and new user entities.

(2)

Support buildings and structures. New support buildings or structures or the relocation on the same development site of existing support buildings or structures shall, in accordance with subsections (b)(3) and (4) hereof, comply with all CPZ requirements for support buildings and structures.

(3)

Space limitations of existing structures. When a condition for compliance applies, an existing development or structure shall comply with CPZ requirements to the maximum extent practicable subject to space limitations of existing structures and improvements in accordance with the general intent of the landscaping and buffer provisions of the CPZ. Removal of an existing structure, improvement, or required legal off-street parking space will not be required in order to comply with CPZ requirements.

(4)

Development for structures with multiple land uses and occupants. When any portion of a development or structure with multiple land uses such as a shopping center, meets any of the conditions delineated in subsection (b)(1)b. or c., a comprehensive plan shall be required to bring the site into compliance with the CPZ requirements. The site shall be required to come into compliance with the CPZ requirements in proportion to the cost of the renovation or additions in gross floor area to the existing development. The plan shall show the improvement that could be made to bring the developer into compliance with CPZ considering space limitations, the cost of each of those improvements and shall list the improvements to be made. The cost of the improvements to be made shall equal or exceed the cost of the renovation or addition to the existing development.

(5)

Development approval. The planning director may approve a site plan for an existing development that complies with CPZ requirements to the maximum extent practicable. A feature of the plan that fails to meet to the maximum extent practicable, or any new structure or improvement that fails to fully meet the CPZ requirements shall be subject to the procedures for site plan review with variances.

(c)

New development. Administrative site plan review shall apply to developments which fully meet the CPZ requirements and the requirements of the underlying zoning district. Site plan review with public hearings before the parish council and planning advisory board in accordance with section 40-480, Site plan review is required for developments not meeting CPZ requirements. New developments within the CPZ shall fully comply with all regulations specified in this section.

(d)

Group development and outparcels. Section 33-5.22, Group development, of this Code shall apply.

(e)

Off-site improvements. The required off-site sidewalks, driveways, curb cuts and landscaping must be shown on all applications for permits and final building inspection shall not be released until such off-site improvements are installed or a contract and performance bond is provided for the value of such off-site improvements. If the final building inspection is released pursuant to a contract and performance bond such off-site improvements shall be installed within sixty (60) days subject to an additional sixty-day administrative extension.

(f)

Use of public right-of-way. Public right-of-way may be used to meet streetscape landscaping requirements, to locate vehicular display or parking that is not required off-street parking, to locate directional signs or a monument sign in lieu of an on-premises detached sign, or to locate fountains, clock towers, or other architectural structures, excluding fences, approved by the department of public works, subject to the following provisions:

(1)

Use of parish public right-of-way shall be in accordance with the requirements of Chapter 2. Administration, sections 2-877, Lease of parish immovable, 2-877.1, Required information for proposals for real estate transactions, Chapter 29 Roads and bridges, section 29-6, Right-of-way obstruction and Chapter 32 Signs, section 32-5, Council permission as applicable; and use of state public right-of-way shall be in accordance with applicable state requirements.

(2)

The parish may approve the use of right-of-way to meet requirements for streetscape landscaping or to provide vehicular display or parking that is not required off-street parking only in conjunction with the site plan review procedures of this article. For a monument sign in the right-of-way, the property owner requesting the monument sign for the adjacent property must submit an application for a minor amendment to an approved site plan if a site plan is in effect for the property. If no site plan is in effect and the monument sign is the only development approval requested, site plan review in accordance with this article is not required.

(3)

If an application for site plan review includes a valid lease approved by the parish council or written authorization from the state for use of public right-of-way to meet requirements for streetscape landscaping in accordance with section 40-476(d)(2) and the application for development approval meets all other requirements of this Code, then administrative site plan review by the planning department may apply. If an application includes a variance to the CPZ regulations or the regulations of the underlying zoning district or features more than ten (10) feet of the required front landscaped area in the public right-of-way, then the council shall determine final action on the request by ordinance.

(4)

All requests to locate parking in parish rights-of-way shall be predicated upon the proposed parking meeting the following:

a.

The proposed parking in the parish right-of-way is not required parking for the use on the abutting private property as determined by parking regulations established in Chapter 40.

b.

The proposed parking in the parish right-of-way is screened by a hedge, wall, earth berm, or other durable landscape barrier a minimum of two (2) feet in height between the remainder of the right-of-way and the parking area to screen the vehicular use area. If the barrier consists of nonliving material, one (1) vine or shrub shall be planted every ten (10) feet and abutting the barrier.

c.

The proposed parking in the parish right-of-way does not result in the removal of any required landscaping previously approved as part of site plan review.

d.

If an approved site plan exists, the site plan must be amended to show the parking and screening.

(Ord. No. 20783, § 3(XIII-G(9)), 9-22-99; Ord. No. 22010, §§ 13, 14, 10-8-03; Ord. No. 23663, § 2, 10-14-09; Ord. No. 24955, § 10, 6-10-15; Ord. No. 25405, § 79, 8-9-17; Ord. No. 25480, § 20, 1-10-18; Ord. No. 25744, § 14, 2-27-19)

Sec. 40-480. - Site plan review.

(a)

Required site plan review. Site plan review that includes a request for a variance shall be in the form of public hearings before the planning advisory board and the parish council.

(b)

Site plan review criteria. Variances to the CPZ requirements may be granted by the Jefferson Parish Council through the site plan review process, upon recommendation by the planning department and planning advisory board, provided the following minimum criteria are met:

(1)

The proposal complies with the CPZ requirements to the maximum extent possible taking into account space limitations of existing structures;

(2)

The proposal enhances the general quality of commercial and office corridors by providing buffers to neighboring residences and other commercial uses; increases public safety by guiding traffic to minimize the impact of development and structures on drainage; and coordinates with greenspace and signage in the corridor;

(3)

The proposal does not adversely effect the harmony or compatibility of surrounding land uses; and

(4)

That special conditions and circumstances exist peculiar to the land, structures or buildings which are not applicable to other land, structures or buildings in the same zone.

(5)

The Jefferson Parish Council shall not grant a variance or exception to the off-premises sign regulations of the Commercial Parkway Overlay Zone.

(6)

For electronic variable message (EVM) signs, the Jefferson Parish Council may grant a variance or exception only in the following instances:

a.

A variance or exception for the EVM sign's height may be granted by the parish council when:

1.

The need for the variance was not created by the applicant; and

2.

The variance is the minimum amount needed to relieve a hardship that is unique to the property.

b.

A variance or exception to allow one (1) attached EVM sign in place of a detached EVM sign subject to the additional conditions and restrictions listed in section 40-792 of this chapter.

(c)

Issuance of building permit. If the development proposal meets all of the requirements of the commercial parkway overlay zone regulations except the sign regulations and the applicant has requested a sign variance that if granted would not affect the location of a substantial development feature including, but not limited to, a building or other structure, required parking, or required landscaping, then the department of building permits may issue a building permit for all improvements except signs. A sign permit shall not be issued until final disposition of the sign variance by the parish council. Within five (5) days of determination that the development proposal meets all of the CPZ requirements except the sign regulations, the planning department shall notify the department of building permits in writing of the determination.

(d)

Site plan review procedures.

(1)

Pre-application conference. Prior to the submission of an application for site plan review in a CPZ, a pre-application conference with a designated representative of the planning department is required. The purpose of the pre-application conference is to thoroughly discuss the proposal and to bring the petition in conformity with regulations specified in the CPZ. The planning department shall notify the planning advisory board of the time and place of such pre-application conference.

(2)

Application. An application for site plan review in a CPZ shall be filed with the planning department and shall contain the following information:

a.

Interest and ownership. 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 is 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.

b.

Development plans. Plans showing the land area included within the proposed plan with the boundaries, dimensions and present zoning classification of the area; and adjoining properties and the present zoning classification thereof; all public and private easements and rights-of-way, existing and proposed within or bounding the designated area and the adjoining properties; the location of buildings and the use of the land on adjoining properties; curb cuts and driveways; off-street parking areas; off-street loading areas; sidewalks and pedestrian amenities; open areas to be set aside for special purposes; the location and height of proposed walls, fences, buffers, and landscaping; types of paving or other surfacing to be used in various areas; type, height, orientation and location of all lighting fixtures; type, height, location and method of illumination of all signs; any such other information as may be necessary to describe completely the proposed development and structures and as stated in section 40-478, Site Plans, of this section.

c.

Ordinance and legal attachments. An ordinance and all other legal attachments relative to the CPZ is required at the time of application in the format specified by the Jefferson Parish Clerk of Council.

d.

Administrative examination.

1.

Upon receipt of a complete application with all information properly supplied as specified within this Code, the planning director shall forward the site plan to the Land Use Review Technical Committee (LURTC) for review and comment prior to action. Lack of findings from LURTC within ten (10) days shall be construed as no objection to approval.

2.

After evaluating LURTC comments and the site plan's compliance with applicable development regulations, the planning director shall approve the site plan or make a recommendation regarding approval of the site plan and forward it to the planning advisory board and council for action in accordance with article XLVIII, Changes and amendments, for general procedures not specified in this article by the next available advertisement deadline.

(3)

Effect of Approval.

a.

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.

b.

Final site plan approval shall be valid for a period of one (1) year.

c.

If approval of the site plan lapses because no building permit has been issued or the building permit lapses and has not been reactivated, then the approved site plan shall be deemed null and void.

(4)

Minor changes in approved CPZ site plans.

a.

Minor changes needed to facilitate construction and site improvements are permitted, if such minor changes will not change the character of the approved development or structures, 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 CPZ site plan that alters the approved permitted uses.

b.

The director of planning shall review and determine what constitutes a minor or major change for an approved CPZ site plan and be responsible for making minor changes on the site plan, if the request is approved. Appeals of said decision by the planning director shall be forwarded to the planning advisory board for review, where a majority vote of the members shall be required to override the decision of the planning director concerning said minor change. Otherwise, an amendment to the CPZ site plan shall be required, in accordance with the procedures of this section.

(5)

Amendment of CPZ site plan. Pursuant to the same procedure and subject to the same limitations and requirements by which the CPZ site plan was approved, any CPZ site plan may be amended, either partially or completely, if all land and structures remaining under such CPZ site plan comply with all regulations established by the zoning ordinance and unrelated to the CPZ.

(6)

Phased development.

a.

Developments within an approved CPZ site plan may be developed in phases, provided that the more restrictive land uses and the necessary off-site improvements are completed first and time frame for phases is submitted at the time of the application.

b.

Approval of the CPZ site plan is voided if the development or structures is not initiated within one (1) year, and completed within two (2) years. Additional time may be granted by the Jefferson Parish Council for a period of one (1) year, upon recommendation by the planning advisory board and planning department, if completion of the approved site plan is assured. In no case shall any development or structures within a CPZ exceed a four-year period.

(7)

Vested rights for new applications. To assure applicants that development applications will be processed in accordance with the rules in effect at the time of submittal of a completed application, section 33-4.20, Vested rights for new applications, in Article 4, Non-Conforming Situations/Vested Rights of Chapter 33, UDC, of this Code.

(Ord. No. 20783, § 3(XIII-G(10)), 9-22-99; Ord. No. 23938, § 7, 1-12-11; Ord. No. 24364, § XXXVIII, 11-7-12; Ord. No. 24989, § XIV, 8-12-15; Ord. No. 25744, § 15, 2-27-19; Ord. No. 26490, § 26, 9-28-22; Ord. No. 26625, § 57, 6-14-23)

Sec. 40-481. - [Appeal.]

Regulations, requirements or standards applicable to developments on properties overlaid with CPZ including any standards established by the underlying zoning district are not subject to appeal to the board of zoning adjustments. All requested variances shall be part of site plan review before the planning advisory board and the parish council.

(Ord. No. 20783, § 3(XIII-G(11)), 9-22-99; Ord. No. 21734, § 9, 12-11-02; Ord. No. 23663, § 2, 10-14-09)

Sec. 40-482. - Reserved.

Editor's note— Ord. No. 25744, § 16, adopted Feb. 27, 2019, repealed § 40-482, which pertained to title restrictions and derived from Ord. No. 20783, § 3(XIII-G(12), adopted Sept. 22, 1999.

Sec. 40-483. - [Applicability of building codes, etc.]

Development within a CPZ shall meet all federal, state and local fire, safety and building codes, and all other applicable codes.

(Ord. No. 20783, § 3(XIII-G(13)), 9-22-99; Ord. No. 23663, § 2, 10-14-09)