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Jefferson Parish City Zoning Code

ARTICLE XXXV

OFF-STREET PARKING, LOADING, AND CLEAR VISION AREA REGULATIONS13


Footnotes:
--- (13) ---

Editor's note— Ord. No. 23330, § XXXVI, adopted June 11, 2008, amended the title of Art. XXXV to read as herein set out. See also the Code Comparative Table.


Sec. 40-661.- General requirements.

(a)

Location of required parking spaces except as may otherwise be provided in this section, shall be located as provided below. For the purpose of this subsection (a), one-family, two-family, three-family, four-family dwellings, condominiums, and townhouses shall be considered residential uses, and the following zoning districts shall be considered non-residential districts: GO-2 General Office District, GO-1 General Office District, H-1 Medical Service District, H-2 Medical Service District, BC-1 Business Core District, C-1 Neighborhood Commercial District, BC-2 Business Core District, C-2 General Commercial District, I-MU Industrial Mixed Use District, I-L Light Industrial District, I-H Heavy Industrial District, AIM Avondale Industrial Marine District, I-LF Landfill Industrial District, U-1R Unrestricted Rural District, U-1S Unrestricted Suburban District, P-1 Penal and Criminal Correctional Institution District, MUCD Mixed Use Corridor District, and GED Gaming District.

(1)

Residential uses in all districts. Required parking spaces for residential uses in all zoning districts shall:

a.

Be located on the same lot as the principal use;

b.

Not be located in the required front yard area, except as provided in (j) below; and

c.

In cases where the residential use fronts a street with a right-of-way less than fifty (50) feet in width, be located no less than forty-five (45) feet from the centerline of the street, except as provided in (j) below.

(2)

Permitted non-residential uses in residential districts. Required parking spaces for non-residential uses permitted and located in residential zoning districts shall:

a.

Not be located in the required front yard;

b.

Conform to the parking requirements provided for in the appropriate residential zoning district; and

c.

Be located on the same lot as the principal use, or may be located off-site in accordance with section 33-6.35.4, Off-site parking, of this Code.

(3)

Non-residential uses in non-residential districts. Required parking spaces for non-residential uses in non-residential zoning districts shall be located on the same lot as the principal use, or may be located off-site in accordance with section 33-6.35.4, Off-site parking, of this Code.

(b)

On any residential site, school buses may be parked on private property subject to the following conditions:

(1)

Only school buses shall be allowed to park on a residential site. No other type of bus shall be permitted to park on a residential site.

(2)

A school bus must be registered to a resident of the residential site on which the school bus is parked. No more than one (1) registered school bus shall be parked on the residential site. Households with two (2) school bus drivers, each with a registered school bus functioning as of the effective date of this ordinance, shall be allowed to continue to park a maximum of two (2) school buses per residential site in accordance with the following regulations.

(3)

Each school bus shall be parked outside of the front yard area within the rear or side yard area only, excluding the side yard of corner lots on the side of the residential site abutting the side street. A side yard of an interior lot that is used to accommodate the parking of a school bus shall be at least nine (9) feet.

(4)

Parking of the school buses shall not occupy the required off-street parking space on a residential site.

(5)

Each school bus must be screened by an opaque wood, brick, masonry, or living fence with a minimum height of seven (7) feet.

(6)

No junked, derelict, or inoperable school buses shall be parked on a residential site.

(7)

School buses shall not be parked on any street immediately adjacent to any residential site in accordance with section 36-161 of the Jefferson Parish Code of Ordinances.

(8)

Minor repairs and maintenance shall be screened so as not to be visible from the street and shall only be conducted in the side or rear yard outside of the area between the front property line and the front line of the main building. Any repairs and maintenance shall be conducted so as not to cause excessive noise or odor, and shall only be conducted between the hours of 6:00 a.m. and 8:00 p.m. Only the following minor repairs and maintenance may be conducted by residents on school buses authorized to be parked on a residential site:

a.

Exterior and interior cleaning of the bus;

b.

Replacing of windshield wiper blades;

c.

Replacing of light bulbs or other signaling devices;

d.

Replacing of batteries and belts;

e.

Changing or topping off of fluids, in compliance with section 16-10.2 of the Jefferson Parish Code of Ordinances, which prohibits the dumping of trash, debris, greases and oils into catch basins and drainage culverts;

f.

Changing of tires, not to include breaking down or repair of tires; and

g.

Replacement of brake shoes and pads.

(9)

For the purpose of this section, the term "residential site" shall mean a single lot or parcel of land, under single ownership with continuous frontage, and which is improved with a residential dwelling.

(10)

Nothing contained in these regulations shall prohibit a religious institution or school from parking school buses, owned by the religious institution or school or operated under contract to the religious institution or school, on the religious institution or school grounds.

(c)

Parking requirements for two (2) or more uses, either accessory or principal, of the same or different type may be satisfied by the allocation of a common or collective parking facility. Such facility shall not be less than the sum of the requirements for the individual uses computed separately except as provided for in section 40-664.

(d)

Area reserved for off-street parking or loading in accordance with the provisions of this section shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified except where equivalent off-street parking or loading space is provided, except as provided in (j) below.

(e)

Parking garages as either a stand-alone or as an accessory use shall not be permitted in any district more restrictive than CD-R, unless specifically listed within the district regulations.

(f)

For uses not specifically mentioned in this section, the requirements for off-street parking and loading facilities for a similar use specifically mentioned in this section shall apply.

(g)

Recreational vehicles and recreational watercraft may be parked or stored on the sites of single-, two-, three-, or four-family dwellings including manufactured homes and townhouses, subject to the following conditions:

(1)

At no time shall parked or stored recreational vehicles and recreational watercraft be occupied or used for living, sleeping, or housekeeping purposes.

(2)

Setback requirements:

a.

Recreational vehicles and recreational watercraft not parked or stored inside of a fully enclosed garage shall be parked or stored completely behind the front building line of the principal structure or not less than sixty (60) feet from the front lot line, whichever is closest to the front lot line.

b.

If a variance is granted to the building line or setback requirement for recreational vehicles and recreational watercraft they shall comply with the screening requirements of subsection (7) and shall in no case be parked in a required front yard.

c.

Recreational vehicles and recreational watercraft seven (7) feet or less in height shall be located no less than three (3) feet from a side or rear lot line, unless screened from view of the abutting property in accordance with subsection (7). RVs and recreational watercraft shall be measured from grade to their top edge and shall exclude any minor incidental projections; projections included in the measurement of height shall be considered as substantial by the discretion of the building permits director.

d.

Recreational vehicles and recreational watercraft over seven (7) feet in height shall be located no less than five (5) feet from a side or rear lot line and shall be screened from view of the abutting property and the abutting street right-of-way in accordance with subsection (7).

e.

On corner lots, recreational vehicles and recreational watercraft shall not be parked or stored closer to the abutting side street than the side building line of the principal structure unless screened in accordance with subsection (7).

(3)

Recreational vehicles and recreational watercraft may be parked anywhere on the premises for loading or unloading purposes no longer than twenty-four (24) hours and shall not extend into any public right of way. In situations such as hurricanes or similar weather phenomenon that necessitates an evacuation, the code compliance and enforcement director may waive the limitation on hours for loading and unloading in this section.

(4)

All recreational vehicles and recreational watercraft shall be in an operable condition and parked or stored on a surface that is maintained in good condition, free of weeds, dust, trash and debris.

(5)

The private garage regulations set forth in section 33-5.3.2 and the following additional criteria shall apply:

a.

Applicant shall present to the department of building permits a valid Louisiana motor vehicle or boat registration to demonstrate the need for exception to section 33-5.3.2(b)(1).

b.

The height of the garage door of a detached or attached private garage in which the recreational vehicle or recreational watercraft is parked or stored shall not exceed a height of fourteen (14) feet.

c.

Private garage structures over thirteen (13) feet shall be setback from the minimum side and rear yard setbacks for accessory structures one (1) foot for every additional one (1) foot or fraction thereof in height over thirteen (13) feet until the minimum side or rear yard setback requirement of the principal structure is reached, and in no case shall exceed nineteen (19) feet in height in a required yard.

d.

Exterior wall material of garages shall be composed of residentially compatible materials as defined in section 40-46(7).

(6)

Notwithstanding the regulations of section 40-741, the following regulations shall apply for detached carports and shelters housing recreational vehicles and recreational watercraft shall comply with the following criteria:

a.

Detached carports and shelters shall not exceed thirteen (13) feet in height or a length of forty (40) feet if located in a required side or rear yard unless an applicant presents to the department of building permits a valid Louisiana motor vehicle or watercraft registration to demonstrate the need for additional height or length.

b.

Detached carports and shelters over thirteen (13) feet shall be setback from the minimum side and rear yard setbacks one (1) foot for every additional one (1) foot or fraction thereof in height over thirteen (13) feet until the minimum side or rear yard setback requirement of the principal structure is reached, and in no case shall exceed nineteen (19) feet in height in a required yard.

c.

Any vertical surfaces shall be constructed of residentially compatible materials as defined in section 40-46(7).

(7)

Screening requirements:

a.

Recreational vehicles and recreational watercraft must be screened by a living fence or an opaque wood, brick, vinyl or masonry fence with a minimum height of six (6) feet or any combination thereof.

b.

Living fences shall be at least two (2) feet in height when planted and must be at least a height of six (6) feet within two (2) years and create a continuous opaque buffer.

c.

Recreational vehicles and recreational watercraft stored completely underneath a freestanding carport or shelter in which at least the two (2) longest sides are covered halfway from the structure's peak height to grade are exempt from the screening requirements of this section.

(8)

Any property owner citing hardship in complying with the provisions of section 40-661(g) and any citations issued for the violation of any of the provisions of section 40-661(g) shall be adjudicated by the Jefferson Parish Bureau of Administrative Adjudication as set forth in section 2.5-4 of the Code of Ordinances, unless the provision is under the authority of the board of zoning adjustments (BZA) per Article XLII of this chapter (see Table 40.661.1).

Table 40.661.1 Authority over Hardship, Variances, or Citations for RVs and Recreational Watercraft Parking

Bureau of Administrative Adjudication (BAA) Hardship or Citation Restriction on Living in RV or Watercraft (40-661(g)(1))
Hardship or Citation 24-Hour Temporary Parking Limit (40-661(g)(3))
Hardship or Citation Condition of vehicles and parking area (40-661(g)(4))
Hardship or Citation Screening Requirements except fence height (40-661(g)(7))
Board of Zoning Adjustments (BZA) Variance Setback Requirements (40-661(g)(2))
Variance Exterior Wall Material of Vertical Surfaces on Carports (40-661(g)(6))
Variance Fence Height (40-661(g)(7))

 

(9)

Exemptions:

a.

Recreational watercraft parked or stored on sites located on the unprotected side of the Pontchartrain and West Bank Hurricane Protection Levees, Mississippi River and Tributaries Flood Protection Levee are exempt from the provisions of subsections (2), (3), and (7) of section 40-661(g).

b.

Recreational vehicles parked or stored on sites located on the unprotected side of the West Bank Hurricane Protection Levee are exempt from the provisions of subsection (7) of section 40-661(g).

(h)

Commercial vehicles may be parked or stored on the site of a single-, two-, three-, or four-family dwelling including a manufactured home or a townhouse, subject to the following conditions:

(1)

Commercial vehicles may be parked or stored off-street under the following temporary circumstances:

a.

Emergency vehicles parked while said vehicle and its operator are on call for emergency services; or

b.

Vehicles and persons actually engaged in repairing or otherwise improving public utilities or infrastructure or performing other activities authorized by the parish; or

c.

Vehicles parked for the purpose of delivering, picking up materials or merchandise, or performing services for the actual time necessary to accomplish said delivery, pick up, or service.

(2)

Unless otherwise provided, the off-street parking of any heavy commercial vehicle, as defined in section 36-160 of this Code, shall be prohibited.

(3)

One (1) commercial van or one (1) commercial trailer, as defined in section 36-160 of this Code, may be parked or stored off-street, provided that:

a.

The commercial van or commercial trailer is not actively in use for commercial purposes while parked or stored; and

b.

The commercial van or commercial trailer meets the setback and screening requirements of recreational vehicles and watercrafts provided in section 40-661(g)(2) and (g)(7) of this section when exceeding seven (7) feet in height and stored outside a private garage.

(4)

A maximum of two (2) light commercial vehicles, as defined in section 36-160 of this Code, may be parked or stored per site provided that each vehicle complies with the on-street parking regulations of section 36-161(b) of this Code. A light commercial vehicle that exceeds the "minimal advertising" criterion may be parked or stored off-street provided it meets the setback and screening requirements of recreational vehicles and watercrafts when parked or stored outside a private garage, regardless of the height of the light commercial vehicle.

(i)

Non-commercial trailers, as defined in section 36-160 of this Code, may be stored on the site of a single-, two-, three-, or four-family dwelling including a manufactured home or a townhouse provided each trailer meets the setback and screening requirements of recreational vehicles and watercrafts in section 40-661(g)(2) and (g)(7) of this section when exceeding seven (7) feet in height and stored outside a private garage.

(j)

Existing one- and two-family dwellings, including townhouses, elevated as part of a home elevation project.

(1)

Maximum driveway slope. To promote public safety, reduce costs, and facilitate timely permit processes, no driveway shall be constructed with a slope greater than five (5) percent unless the BZA grants a variance in accordance with article XLII of this Code.

(2)

Required parking spaces within the front yard permitted. Required parking space(s) may be relocated within the required front yard in accordance with section 40-738 of this Code.

(3)

Maximum slope of the public right-of-way. A slope of the public right-of-way, including but not limited to a driveway apron or sidewalk therein, shall comply with the maximum permitted slope of the public right-of-way and applicable standards of the Americans with Disabilities Act [ADA], as determined by the department of public works, in accordance with the following:

a.

Responsibility. The applicant shall request the determination from the department of public works and shall submit the written determination as part of the application for a building permit.

b.

Exception. If the site plan review process is required, as per section 33-2.25 of this Code, public works shall provide the determination as part of the LURTC review process.

c.

Upon request, applicants shall submit to the department of public works any materials or plans necessary to facilitate the determination, which may include a drainage plan.

d.

To ensure structural integrity, all plans shall be signed and affixed with the seal of a state licensed engineer or architect.

(Ord. No. 20783, § 3(XVIII(1)), 9-22-99; Ord. No. 21224, § 3, 3-7-01; Ord. No. 21562, § 3, 5-8-02; Ord. No. 22962, § 13, 1-10-07; Ord. No. 23292, § 33, 5-7-08; Ord. No. 23898, § 6, 10-13-10; Ord. No. 24587, § 8, 10-2-13; Ord. No. 24823, § XXIV, 9-17-14; Ord. No. 25020, § XV, 10-7-15; Ord. No. 25081, § 1, 2-17-16; Ord. No. 24860, § 3, 11-5-14; Ord. No. 25411, § 28, 8-23-17; Ord. No. 25562, § 13, 4-25-18; Ord. No. 26369, § 26, 2-16-22; Ord. No. 26625, § 59, 6-14-23; Ord. No. 26792, § 65, 5-22-24)

Sec. 40-662. - Off-street parking requirements.

Off-street parking spaces shall be provided on any lot for which any of the following listed principal or accessory uses are hereafter established, subject to the following and the standards in the appendix of this chapter:

(a)

A non-residential use in a residential district shall access all off-street parking only from the lot upon which the principal use is located.

(b)

A maximum of twenty-five (25) percent of the required parking spaces may be designated for use by compact vehicles. Compact vehicle parking spaces shall be identified by individually marking each parking space as compact vehicle parking.

(c)

When a use is increased in capacity by the addition of dwelling rooms, guest rooms, floor area, seats or any other requirement contained within this section that causes an increase in required off-street parking, the maximum off-street parking shall be provided for such increase.

(d)

For the purpose of this section, when parking spaces are computed on the basis of the number of bedrooms, a bedroom is defined as a room intended primarily for sleeping. Furthermore, any room in a dwelling other than a kitchen, bathroom, and one (1) living room whether designated as a "den," "study," "media room," "gym," or similar name denoting a room primarily intended for purposes other than cooking, sleeping, or personal hygiene, shall be considered a bedroom.

(e)

When parking spaces are computed on the number of seats, and the structure, building or use utilizes bench, bleacher, or similar seating rather than individual seats, then each eighteen (18) inches of bench, bleacher, or similar seating shall constitute a seat.

(f)

When parking spaces are computed on the basis of the number of employees or other uses of the structure, building or use, the maximum number present at any one time shall govern.

(g)

The calculation of required parking spaces shall not differentiate between indoor areas and outdoor areas occupied by the use.

(h)

When computation of the number of required parking spaces results in a fraction of space, expressed as a fraction or decimal, one-half (½) and over shall require one (1) parking space.

(i)

Off-street parking spaces shall only be used for off-street parking in connection with the principal use and limited to the parking of passenger vehicles, trucks, and vans and not for storage of or access to containers or trailers except as provided in section 40-750.

(j)

Parking and other vehicular use areas shall be paved with an approved all-weather hard surface, which may be impervious or permeable or any combination thereof, and shall be properly graded for drainage and maintained in good condition, free of weeds, dust, trash, debris and spillover of material onto public right-of-way or adjacent property. Generally, the type of paving material used shall be manufactured for use as a parking surface. The specific material used shall comply with standards and specifications established by the engineering director, who shall make the final determination of suitability where uncertainty exists. The surface material(s), underlying layer(s), and methods of structural and hydrologic design and installation shall be suitable to the soils, water table depth, utility lines, public infrastructure capacities or standards, traffic or fire service loads, trash or debris loads, intended use, or other site-specific factors, as indicated on drawings or in other documents submitted to the parish for approval by the engineering director. If the permeable paving is an integral part of a stormwater management system, the maintenance provisions of section 33-6.26, low impact development shall apply.

(k)

For all off-street parking facilities that are lighted, the light fixtures shall be designed, located, fitted, aimed, and maintained to direct light and glare away from the adjacent residential districts and not interfere with traffic or parking spaces.

USE

(1) Archery, Golf Driving, Shooting, similar ranges; and Miniature Golf, and other similar activities 1½ spaces for each station, tee, or 2 holes.
(2) Automobile Repair Garage One (1) space for each employee.
(3) Bed and Breakfast (B&B) One (1) space for each guest room plus one (1) additional space for on-site manager
(4) Bowling Alleys Five (5) spaces per alley.
(5) Batting Cages Outdoor: Two (2) spaces per station Indoor: One (1) space for each two hundred (200) square feet of gross floor area.
(6) Business and Professional Offices One (1) space for each three hundred (300) square feet of gross floor area.
(7) Car Washes One (1) space for each employee on the maximum shift.
(8) Day Care Center One (1) space per three hundred seventy-five (375) square feet of gross floor area
(9) Churches, Temples and other Places of Worship One (1) space for each ten (10) seats in main auditorium.
(10) Clinics One (1) space for each four hundred (400) square feet of gross floor area.
(11) Clubs and Lodges One (1) space for each three (3) members plus one (1) space for each sixty (60) square feet of gross floor area that is available to the general public.
(12) Commercial Amusement activities One (1) space for each two hundred (200) square feet of gross floor area.
(13) Commercial Manufacturing and Industrial Establishments not catering to Retail Trade One (1) space for each three (3) employees on the largest work shift plus one (1) space for each company vehicle operating from the premises.
(14) Dance Halls, Exhibition Halls, Bingo Halls and Places and Gymnasiums One (1) space for each sixty (60) square feet of gross floor area.
(15) Dwellings - Single-family
  Two-family
  Three- and four-family
  Multiple-family
One (1) space per dwelling unit
One (1) space per dwelling unit,
One and one-half (1.5) spaces per dwelling unit,
One and one-half (1.5) spaces per dwelling unit.
For multiple-family dwellings or condominiums that exceed the maximum height allowed by right, the following requirements apply: One and one-half (1.5) spaces per dwelling unit for efficiency and one-bedroom; and two (2.0) spaces per dwelling unit for two (2) or more bedrooms
(16) Elderly Housing and Assisted Living Facility One (1) space for each two (2) Assisted Living Facility dwelling units plus one (1) additional space for each four (4) employees on the largest shift. Parking for any use other than allowed under the definition of Assisted Living Facility as stated in section 40-3, Definitions of this ordinance, shall be determined in accordance with the requirements for the individual use and shall be computed separately. Elderly Housing - One (1) space for each dwelling unit plus one (1) additional space for each four (4) employees on the largest shift. Parking for any use other than allowed under the definition of Elderly Housing as stated in section 40-3, Definitions of this ordinance, shall be determined in accordance with the requirements for the individual use and shall be computed separately.
(17) Flooring, Furniture, Appliance, and Computer Stores One (1) parking space for every three (3) employees plus one (1) parking space for each six hundred (600) square feet of gross floor area.
(18) Casino, Gaming Establishments and/or Gaming related activities and accessory uses 1. One (1) parking space for each fifty (50) square feet of gaming area, plus one (1) space for each employee at the maximum shift.
2. Bus parking shall be provided at a rate of one and one-half (1.5) percent of the above required parking spaces. The minimum bus parking space shall be a minimum of twelve (12) feet in width and forty-five (45) feet in length exclusive of access or maneuvering area, ramps and other appurtenances.
3. On-site accessory uses or structures shall provide off-street parking in accordance with the requirements otherwise listed in Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations.
(19) General Business, Commercial or Personal Service Establishments, catering to retail trade, including "Supermarkets" One (1) space for each two hundred (200) square feet of gross floor area.
(20) Home Occupations One (1) space in addition to the parking space(s) required for the residential use.
(21) Hospitals One (1) space for each four (4) beds plus one (1) space for each staff doctor plus one (1) space for each four (4) employees including nurses.
(22) Hotel One (1) space per guest room; plus one (1) space for every two hundred (200) square feet of gross floor area used for restaurants and lounges; plus one (1) space for every two hundred (200) square feet of gross floor area used for convention facilities, meeting rooms, banquet halls, or similar uses.
(23) Kennels and Animal Hospital One (1) space for each four hundred (400) square feet of gross floor area.
(24) Libraries and Museums One (1) space for each four hundred (400) square feet of gross floor area
(25) Motel One (1) space for each guest room plus one (1) additional space for manager.
(26) Nursing and Convalescent Homes and Institutions One (1) space for each eight (8) beds.
(27) Off-track wagering facilities One (1) space for each fifty (50) square feet of floor area used for video poker (if applicable) plus one (1) space for each remaining one hundred fifty (150) square feet of gross floor area.
(28) Printing Establishment One (1) space for each employee plus one (1) space for each company vehicle operating from the premises.
(29) Restaurants and Lounges One (1) space for each one hundred fifty (150) square feet of gross floor area.
(30) Riding Stables One (1) space for each four hundred (400) square feet of covered area of such stable.
(31) Roadside Stands Five (5) spaces for each such establishment.
(32) Schools, Dancing and Music One (1) space for each ten (10) pupils or students.
(33) Schools, Public and Private Elementary and junior high schools, two (2) spaces per classroom, laboratory or manual training shop.
High schools, eight (8) spaces per classroom, laboratory or manual training shop.
Colleges, universities, trade, industrial and business schools, ten (10) spaces per classroom, laboratory or other teaching room.
(34) Schools having auditoriums, gymnasiums, sports arenas, or religious uses, including, but not limited to, accessory day care centers Schools with such facilities shall have parking that accommodates the highest number of parking spaces required when the required parking spaces for the school and each such facility are calculated; i.e., the use requiring the highest number of parking spaces shall be the parking requirement that applies.
(35) Self-storage One (1) space per one hundred (100) units
(36) Skating Rink One (1) space for each one hundred fifty (150) square feet of gross floor area.
(37) Theaters, Auditorium, Sports Arenas and Places of Public Assembly One (1) space for each three (3) seats or twenty (20) spaces per athletic field without seating. Multipurpose athletic fields without parking shall provide parking for all possible field arrangements; e.g., one (1) football-sized field that will also be used for two (2) baseball diamonds shall provide parking for two (2) athletic fields.
(38) Townhouses One (1) space for each dwelling unit
(39) Breweries, distilleries, micro-breweries, micro-distilleries, micro-wineries, and wineries One (1) space for each one thousand (1,000) square feet of gross floor area that is dedicated to the manufacturing plus one (1) space for each two hundred (250) square feet of gross floor area that is dedicated to the tap room/tasting room.
(40) Commercial kitchen One (1) space per one thousand (1,000) square feet of gross floor area.
(41) Distribution and Fulfillment Center One (1) space per one thousand (1,000) square feet of gross floor area.

 

(Ord. No. 20783, § 3(XVIII(2)), 9-22-99; Ord. No. 20910, § 1, 3-15-00; Ord. No. 21562, § 4, 5-8-02; Ord. No. 22794, §§ 15, 16, 7-19-06; Ord. No. 22962, § 14, 1-10-07; Ord. No. 23330, § XXXV, 6-11-08; Ord. No. 23293, § 3, 5-7-08; Ord. No. 24189, § XVI, 1-25-12; Ord. No. 24587, § 9, 10-2-13; Ord. No. 24687, § III, 3-19-14; Ord. No. 25405, § 90, 8-9-17; Ord. No. 25411, § 29, 8-23-17; Ord. No. 25379, § 5, 6-28-17; Ord. No. 25513, § 18, 2-21-18; Ord. No. 25562, § 14, 4-25-18; Ord. No. 26190, § 3, 4-28-21; Ord. No. 26302, § 31, 11-10-21; Ord. No. 26625, § 60, 6-14-23; Ord. No. 26792, § 66, 5-22-24)

Sec. 40-663. - Off-street loading requirements.

(a)

Every hospital, institution, hotel, commercial or industrial building or use having a gross floor area in excess of seven thousand five hundred (7,500) square feet and requiring the receipt of distribution vehicle of materials and merchandise shall have at least one (1) permanently-maintained off-street loading space for each seven thousand five hundred (7,500) square feet of gross floor area or fraction thereof and located so as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

(b)

Retail operations, wholesale operations and industrial operations with a gross floor area of less than seven thousand five hundred (7,500) square feet shall provide sufficient off-street loading space (not necessarily a full berth if facility is shared by an adjacent establishment) so as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

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

Sec. 40-664. - Shared parking.

See section 33-6.35.5, Shared parking, of this Code.

(Ord. No. 25411, § 30, 8-23-17)

Editor's note— Ord. No. 25411, § 30, adopted Aug. 23, 2017, repealed the former § 40-664 and enacted a new § 40-664 as set out herein. The former § 40-664 pertained to shared parking requirements for mixed use developments and derived from Ord. No. 20783, § 3(XVIII(4)), adopted Sept. 22, 1999; Ord. No. 21734, § 14, adopted Dec. 11, 2002; and Ord. No. 24189, § XVII, adopted Jan. 25, 2012.

Sec. 40-665. - Clear vision area regulations.

(a)

Purpose. Clear vision area regulations are designed to promote public safety by maintaining clear areas that provide cross-visibility among pedestrians, bicyclists, and motorists.

(b)

Applicability. If any clear vision area regulation is in conflict with the yard or area requirements of the zoning district, the more restrictive regulation shall apply, unless a variance is granted in accordance with this section.

(c)

Obstructions prohibited.

(1)

Generally. Except as provided for in this Article, clear vision areas shall be free from any visual obstruction between a height of three (3) feet and eight (8) feet as measured from the crown of the street, which includes, but is not limited to:

a.

Any berm, hedge, shrub, pool, sign, fence, or other structure in excess of three (3) feet in height; and

b.

Parking; and

c.

Decorative elements, including but not limited to, bird baths, garden statuaries, and trellises.

(2)

Fences.

a.

A fence with the portion above three (3) feet in height that meets the definition of an open fence shall be permitted.

b.

Fence columns between three (3) and eight (8) feet in height, as measured from the crown of the street, shall be no more than eighteen (18) inches in width and shall be spaced no closer than five (5) feet on center.

c.

Screening material, vines, shrubs, other plant life, or similar items that will obstruct visibility shall not be placed nor be permitted to grow on fences located in clear vision areas.

d.

Properties located in the Old Metairie Neighborhood Conservation District shall also be subject to the fence regulations of Article X. Old Metairie Neighborhood Conservation District (OMNCD).

(3)

Signs.

a.

Signs, including the support pole or base, with a width, depth, or diameter larger than eighteen (18) inches between three (3) and eight (8) in height, as measured from the crown of the street, shall not be permitted.

b.

Signs with more than one (1) support pole or base shall not be permitted.

(d)

Type and requirement.

(1)

A street intersection sight triangle shall be required on the area that abuts the intersection of two (2) or more streets.

(2)

An access way sight triangle shall be required on the area that abuts the intersection of an access way and a street.

(3)

A reverse corner lot sight triangle shall be required on a reverse corner lot on the area of a development site that abuts the front yard of a key lot.

(4)

The parish traffic engineering division shall determine clear vision areas for unique situations including, but not limited to, when property does not form a right triangle where sight triangles are located; when property lines fall within the roadway; when the roadway adjacent to the property where the sight triangle is located curves; when the elevation change between the road way and the property warrants a unique sight triangle, or when a sight triangle does not expand past the backside of an existing sidewalk and pedestrian safety may be compromised.

(e)

Measurement.

(1)

Reverse corner lots. On the area of a development site that abuts the front yard of a key lot and a street, a reverse corner lot sight triangle shall be provided. The sight triangle shall measure fifteen (15) feet, be aligned to the common lot line of the reverse corner lot and key lot and the edge of the applicant's property line parallel to the street, and shall be established in accordance with the following:

a.

The triangle shall begin where the common lot line intersects the applicant's side yard property line parallel to the street, labeled "Point A" in Figure 40.665.1; and

b.

From "Point A," one (1) line shall be drawn along the common lot line in the direction opposite the street; and

c.

From "Point A," a second line shall be drawn along the applicant's side yard property line parallel to the street; and

d.

The end of each line shall be connected to form the required sight triangle.

Figure 40.665.1. Fifteen (15) foot reverse corner lot sight triangle.

Figure 40.665.1. Fifteen (15) foot reverse corner lot sight triangle.

(2)

Residential lots. On sites developed with a one-, two-, three-, or four-family residential dwelling, including a manufactured home or a townhouse, clear vision areas shall be provided in accordance with the following:

a.

Street intersection sight triangle.

1.

Size and location. The sight triangle shall measure twenty-five (25) feet, be aligned to the applicant's property line, and be established in accordance with the following:

i.

The triangle shall begin on the corner of the development site nearest to the street intersection, labeled "Point A" in Figure 40.665.2; and

ii.

From "Point A," one line shall be drawn along the side lot line; and

iii.

From "Point A," a second line shall be drawn along the front lot line; and

iv.

The end of each line shall be connected to form the required sight triangle.

Figure 40.665.2. Twenty-five (25) foot street intersection sight triangle.

Figure 40.665.2. Twenty-five (25) foot street intersection sight triangle.

2.

Modification. A sight triangle located on a corner in line with the direction of travel on a designated one-way street may be reduced to form a minimum fifteen (15)-foot sight triangle as illustrated in Figure 40.665.3.

Figure 40. 665.3 Minimum fifteen (15) foot street intersection sight triangle on a designated one-way street.

Figure 40. 665.3 Minimum fifteen (15) foot street intersection sight triangle on a designated one-way street.

b.

Access way sight triangle. The sight triangle shall measure ten (10) feet, be aligned to the edge of the access way pavement and the edge of the applicant's property line parallel to the applicable street, and be established in accordance with the following:

1.

Each triangle shall begin from the point where the edge of the access way pavement intersects the applicant's property line, labeled "Point A" in Figure 40.665.4; and

2.

From "Point A," one (1) line shall be drawn along the applicant's property line in the direction opposite the proposed access way; and

3.

From "Point A," a second line shall be drawn along the edge of the access way pavement in the direction opposite the applicable street; and

4.

The end of each line shall be connected to form the required sight triangle.

Figure 40.665.4. Ten (10) foot access way sight triangle.

Figure 40.665.4. Ten (10) foot access way sight triangle.

(3)

Multi-family residential, commercial or industrial lots. On sites developed with land uses other than a one-, two-, three, or four-family residential dwelling, including a manufactured home or a townhouse, required clear vision areas shall be provided in accordance with the following:

a.

Street intersection sight triangle.

1.

Size and location. The sight triangle shall measure thirty-five (35) feet, be aligned to the curb lines of the street, and be established in accordance with the following:

i.

The triangle shall begin from the point where the curb lines of the intersecting streets meet, labeled "Point A" in Figure 40.665.5. If there is a radius, street curb lines shall be projected until they intersect; and

ii.

From "Point A," one line shall be drawn along the curb line of the street parallel to the front lot line; and

iii.

From "Point A," a second line shall be drawn along the curb line of the street parallel to the side lot line; and

iv.

The end of each line shall be connected to form the required sight triangle.

Figure 40. 665.5. Thirty-five (35) foot street intersection sight triangle.

Figure 40. 665.5. Thirty-five (35) foot street intersection sight triangle.

2.

Modification. A sight triangle located on a corner in line with the direction of travel on a designated one-way street may be reduced to form a minimum fifteen (15) foot sight triangle as illustrated in Figure 40.665.6.

Figure 40.665.6. Minimum fifteen (15) foot street intersection sight triangle on a one-way street.

Figure 40.665.6. Minimum fifteen (15) foot street intersection sight triangle on a one-way street.

b.

Access way sight triangle. The sight triangle shall measure fifteen (15) feet, be aligned to the edge of the access way pavement and the curb line of the street, and be established in accordance with the following:

1.

Each triangle shall begin from the point where the edge of the access way pavement is projected to intersect the curb line of the street, labeled "Point A" in Figure 40.665.7.

2.

From "Point "A," one (1) line shall be drawn along the curb line of the street in the direction opposite of the proposed access way; and

3.

From "Point A," a second line shall be drawn along the edge of the access way pavement in the direction opposite the applicable street; and

4.

The end of each line shall be connected to form the required sight triangle.

Figure 40.665.7. Fifteen (15) foot access way sight triangle.

Figure 40.665.7. Fifteen (15) foot access way sight triangle.

(f)

Submittal requirements.

(1)

Illustration. All clear vision areas shall be illustrated and to scale on all required building and site plans.

(2)

Additional materials necessary for clear vision areas aligned to the curb line of the street. For sites developed with uses other than a one-, two-, three-, or four-family residential dwelling, including a manufactured home or a townhouse, applicants shall submit the following information to the department of building permits:

a.

Survey. A survey that clearly delineates the distance between the curb line of the street and the property line; or

b.

Independent dimensions. Independent dimensions supplied by the applicant that reflect the distance between the curb line of the street and the property line where sight triangles are required. These dimensions shall be certified by a notarized affidavit that is signed by the owner, applicant, or applicable design professional and states that the dimensions provided to the parish are true and correct.

(3)

Determination from parish traffic engineering division.

a.

Applicability. Applications involving unique situations, as described in part (d)(4) of this Section, shall include a letter that summarizes or a site plan that illustrates unique clear vision areas as determined by the parish traffic engineering division.

b.

Responsibility. The applicant shall request the determination from the parish traffic engineering division and shall submit the determination as part of the application.

c.

Exception. If a site plan is subject to LURTC review, as per the site plan review process described in section 33-2.25 of this Code, applicants shall not be required to submit the determination.

(4)

Elevation drawings for fences. Elevation drawing(s) of proposed fences shall be submitted with fence permit application(s); permits for chain link fences shall be exempt from this requirement.

(g)

Exemptions.

(1)

Objects exempt from clear vision area regulations include:

a.

Existing and new utility poles, traffic and street signs, guy wires, fire hydrants, and other public infrastructure when no other alternative location is feasible.

b.

Trees with branches trimmed below eight (8) feet, as measured from the base of the tree, and a diameter, or expected diameter after full growth, smaller than twenty-five (25) inches.

c.

Trees protected by section 33-3.66, Metairie Ridge Tree Preservation District (MRTPD), or by section 33-3.65, Old Metairie Neighborhood Conservation District (OMNCD).

(2)

Sight triangles may be reduced or exempt when:

a.

An access way sight triangle abuts the side of an access way and the end of a dead end street, not including a cul-de-sac.

b.

A street intersection sight triangle is in line with the flow of traffic on a designated one-way street, as provided for in this Section.

c.

An existing building is located within a required clear vision area.

d.

All or a part of an access way sight triangle is located on an abutting site that is not part of the development site under review, in which case the applicant shall be responsible for maintaining the portion of the sight triangle on his/her property and public property, as applicable, in accordance with this Section.

(h)

Variances.

(1)

Only the following variances may be granted and shall be in accordance with the variance procedures of this chapter:

a.

If adequate street speed limits or signalization exists, the size of a clear vision area may be reduced.

b.

If a proposed building or addition to a building is located within a required clear vision area, the size of the clear vision area may be reduced.

c.

For sites developed with a one-, two-, three-, or four-family residential dwelling, including a manufactured home or a townhouse, if a large distance exists between the curb line and the street right-of-way line, and the parish traffic engineering division determines that widening the roadway is not likely, the size of the clear vision area may be reduced by measuring the clear vision area with the curb line, or any distance between the curb line and the street right-of-way line, instead of the street right-of-way or property line.

d.

If a proposed sign does not meet the clear vision area requirements of this article, the following sign requirements may be varied:

1.

The limitation on width, depth, or diameter of the sign, including the sign base, between three (3) and eight (8) feet in height as measured from the crown of the street.

2.

The limitation on the number of sign poles or bases.

(2)

Board of zoning adjustments (BZA) variances. The clear vision area regulations of this article shall apply unless a variance is granted by the board of zoning adjustments (BZA) in accordance with article XLII, board of zoning adjustments. To prevent negative impacts to vehicle and pedestrian safety, all variance applications for clear vision areas submitted to the board of zoning adjustments for review by the board of zoning adjustments shall include a letter from the parish traffic engineering division stating support for or objection to the proposed clear vision area based on evidence that detrimental impacts on vehicle or pedestrian safety would not occur in the case of support or would occur in the case of objection; the applicant shall request the letter from the parish traffic engineering division and submit the letter with the variance application.

(3)

Council variances. Properties located in zoning districts that require Jefferson Parish Council approval for variances or properties containing uses that require Jefferson Parish Council approval for variances shall meet the clear vision area regulations of this article unless a variance is granted by the parish council, except that the applicant shall not be required to obtain the letter from the parish traffic engineering division.

(Ord. No. 23330, § XXXVI, 6-11-08; Ord. No. 24735, § 5, 4-30-2014; Ord. No. 26369, § 27, 2-16-22; Ord. No. 26480, § 24, 9-14-22; Ord. No. 26625, § 61, 6-14-23)