Jefferson Parish City Zoning Code

ARTICLE XXXIX

EXCEPTIONS AND MODIFICATIONS

Sec. 40-736.- General.

(a)

The regulations herein set forth in this article qualify or supplement, as the case may be, the district regulations appearing elsewhere in this article.

(b)

Except as provided in section 40-792(2) or otherwise specifically provided in this chapter, exceptions or modifications to the requirements of this chapter may be applied, without the review or approval of the council or board of zoning adjustments, when specified facts or circumstances are present.

(Ord. No. 20783, § 3(XX(1)), 9-22-99; Ord. No. 22670, § 12, 1-11-06)

Sec. 40-737. - Exceptions to height requirements.

The height regulations as stated in this ordinance shall not apply to the following uses. Additional exceptions to height regulations are located in the height requirements section of the multiple-family residential district R-3, the condominium district R-1CO, the medical service district H-2, the neighborhood commercial district C-1, the general offices district GO-1, the core district-residential CD-R, the business core district BC-1, the business core district BC-2, the mixed-use corridor district MUCD, and the general commercial district C-2. Buildings or structures located in the business core district (BC-2) exceeding the maximum height allowed by right of that district shall be governed by the exceptions to height regulations of the BC-2 district rather than the regulations of this section, except that additional or more restrictive regulations listed in section 40-737(4) below shall apply. Buildings or structures located in the unrestricted suburban district (U-1S) exceeding the maximum height allowed by right of that district shall be governed by the regulations of section 33-5.20. Mid-rise to high-rise building in chapter 33, unified development code, article 5, supplemental conditions of this Code.

(1)

Churches; schools; hospitals; sanitariums; public, semi-public and public service buildings; office buildings and institutions. There shall be no restrictions on the height of such buildings, provided the front, side, and rear facades shall use bulk planes which begin at horizontal lines located directly above the lines created by the setback, at a height equal to the maximum height permitted by right in the applicable zoning district, and rise over the lot upward at a 45-degree angle equal to a pitch of one (1) foot additional vertical distance for each one (1) foot additional horizontal distance.

(2)

Barns, silos and other farm structures when located on farms, belfries, cupolas, domes, flagpoles and monuments, water towers, windmills, chimneys, smoke stacks, conveyors, fire towers, and oil derricks.

(3)

Bulk heads, elevator penthouses, water tanks, cooling towers, scenery lofts and similar structures provided that such structures shall cover not more than twenty-five (25) percent of the total roof area of the building on which such structure is located.

(4)

Transmission towers, radio towers, mast and aerials/or antennas.

General.

Commercial transmission towers, radio towers, masts, aerials and/or antennas shall be located only in the Neighborhood Commercial, C-1, and the less restrictive zoning districts, subject to criteria listed in paragraph b., Criteria, below.

Only cellular phone transmission towers and their associated support buildings will be allowed in the General Office Districts, GO-2 and GO-1, the Medical Service Districts, H-1 and H-2 subject to criteria listed in paragraph b., Criteria, below, and excluding subsection (4)b.1., Distance Requirements to Residential Development.

Only monopole cellular phone transmission towers and their associated support buildings shall be allowed in the residential districts, provided the following criteria are met:

No new cell may be established if there is a technically-suitable place available on an existing communications tower within the search area that the new cell site is to serve. For the purpose of this ordinance, the search area is defined as the grid for the placement of the antenna.

ii.

The minimum lot size on which a cellular tower is to be located shall be the minimum lot size for the residential district, or five thousand (5,000) square feet, whichever is greater, and shall be of sufficient size to contain on-site any debris from tower failure.

iii.

No new cellular towers will be allowed with a one thousand (1,000) foot radius of an existing cellular tower within a residential district.

iv.

Permitted height: Cellular towers fifty (50) feet in height or less, or five (5) feet above the tree line shall be permitted. In no case shall the height of any tower be greater than sixty-five (65) feet.

Setbacks:

The tower must be set back from all property lines by a distance of twenty (20) percent of the height of the tower or by the rear yard setback required for the underlying zoning district, whichever is greater.

All associated support buildings must meet the minimum setback standards for accessory structures in the underlying zoning district and shall not be used for offices, long-term vehicle storage, or other outdoor storage.

In no case shall a cellular tower be located in the required front yard of a residential structure or lot.

vi.

Landscape, buffer and general design standards:

Existing on-site vegetation shall be preserved to the maximum extent practical. All towers shall be landscaped with at least one (1) row of evergreen shrubs or trees or shrubs within twenty (20) feet of the tower's base. Such trees shall be a minimum of four (4) feet high when planted and spaced not more than fifteen (15) feet apart. These trees and shrubs shall be planted in any configuration which will serve to better buffer the site.

General design standards:

The entire facility must be aesthetically and architecturally compatible with its environment. The use of residentially-compatible materials such as wood, brick or stucco is required for associated support buildings, which shall be designed to architecturally match the exterior of residential structures within the neighborhood. In no case will metal exteriors be allowed for accessory buildings.

II.

The tower itself must be of such design and treated with an architectural material so that it is camouflaged to resemble a woody tree with a single trunk and branches on its upper part.

Fences: Walls or fences constructed of wood, brick or masonry shall be used to secure the site and provide an opaque barrier. Such walls or fences shall be used in conjunction with landscaping to provide security or increase the buffer with adjacent residential uses. In no case will barbed wire or razor wire fencing be permitted in residential districts.

vii.

Structural integrity: Cellular transmission towers shall be certified by an engineer to withstand a minimum wind load of one hundred fifty (150) MPH and a maximum gust load of two hundred (200) MPH. The tower and any proposed transmission equipment must be certified to meet any structural standards for steel antenna towers and support structures set in the Electronic Industries Association/Telecommunications Association Standards referenced as EIA/TIA-222-E and as amended hereafter.

viii.

Visual impact mitigation:

Color: The cellular transmission tower shall be constructed of a material with a neutral color and shall be designed to blend in with the surrounding landscape and uses.

Lighting: When lighting is required and is permitted by the Federal Aviation Administration or other federal or state authority, it shall be orientated inward so as not to project onto surrounding residential property.

Design: The design criteria for cellular towers and their associated support buildings shall follow the provisions outlined above in section 40-737(4)a.3.vi.B.I., General Design Standards.

ix.

Parking:

At least one (1) off-street parking space shall be provided for towers which are located on residential sites.

The parking requirements for cellular facilities located in the rear yard of residential structures shall be satisfied by the existing parking requirements for the dwelling, provided the dwelling is not deficient in required parking.

General review procedures: Requests to place cellular transmission towers and their associated support buildings in residential districts shall be submitted to the Jefferson Parish Planning Department. The applicant shall submit fully-detailed site plans in accordance with the provisions of subsection xi. below. Upon review of complete site plans, the planning department shall determine whether or not the proposed tower meets the criteria established in this ordinance.

xi.

Submittal requirements:

In addition to the requirements stated above, the following shall also be submitted to the Jefferson Parish Planning Department:

An affidavit from the applicant stating that there is a demonstrated need for the placement of a cellular tower in a residential district, and that there is not a technically-suitable space available on an existing tower to accommodate the need.

II.

A current certified survey showing existing lots and property boundaries, streets, rights-of-way, servitudes, buildings and building setbacks, surrounding streets, and important physical features on the site, total square footage of the site, lot and square number, and name of subdivision.

III.

An affidavit which certifies that the proposed tower is located no less than one thousand (1,000) feet from another cellular tower within a residential district.

IV.

A basic site plan depicting the location and dimension of all proposed structures, with setback dimensions, entrances and exits, parking layout, including parking spaces.

A landscaping plan of the site delineating location of existing trees to be preserved, the locations and dimensions of proposed planting areas, including size, type and number of trees planted, curbs, fences, buffers and screening elevations of fences and materials used.

VI.

Elevations of existing and proposed structures showing width, depth and height, use, type of materials and color schemes, statistical data on the tower and their related accessory structure.

VII.

Zoning classification of the site and zoning classification of all property within five hundred (500) feet from the petitioned site.

VIII.

Utilities inventory showing all locations of all water, sewage, drainage, and power lines impacting the development site.

IX.

An affidavit from the applicant, that the proposed tower meets all the requirements of the various state and federal regulatory agencies involved and complies with standards set by the Federal Communications Commission (FCC).

A report from a licensed professional engineer which describes the tower height and design, including a cross-section of the structure; demonstrates the tower's compliance with applicable structural standards; and describes the tower's capacity, including the number and type of cells that it can accommodate.

XI.

An environmental statement fully describing the effects that the proposed tower will have on the environment and surrounding area, including the radiological impact on human health, impacts on adjacent residential structures and streetscapes.

xii.

Time limit on project completion. Once a cellular transmission tower is approved, the building permit shall be obtained within six (6) months and the project shall be complete within one (1) year.

xiii.

All obsolete or unused facilities must be removed within twelve (12) months of cessation of operation at the site.

xiv.

For those cellular transmission towers not meeting the criteria outlined above due to the site-related or other hardships, and/or located in any Single-Family Residential District, Site Plan Review and Council approval in accordance with section 33-2.23, special permitted uses, shall be required.

Criteria. The following criteria shall apply to commercial transmission towers, radio towers, masts aerials and/or antennas:

Distance requirements to residential development:

The distance between the base of the commercial transmission towers, radio towers, masts, aerials and/or antennas and any residential zoning district shall not be less than the fheight of the structure from the top of the antenna to grade.

ii.

The distance between the building upon which a commercial rooftop transmission or radio tower is located and any residential zoning district shall not be less than the total height of the building plus the height of the rooftop transmission or radio tower.

iii.

Rooftop masts, aerials and/or antennas shall be excluded from the distance requirement to residential development stated in subsection b.1.ii. above.

Landscaping and buffering.

Existing on-site vegetation shall be preserved to the maximum extent practicable.

ii.

Where the site or that portion of a parcel upon which the commercial transmission tower, radio tower, mast, aerial and/or antenna is located abuts residentially developed land, residential zoning districts, public land or streets, the perimeter of the secured area surrounding the base of the tower shall be landscaped with at least one (1) row of trees or evergreen shrubs at least four (4) feet high when planted and spaced not more than fifteen (15) feet apart. These trees or shrubs may be planted in any configuration which will serve to better buffer the site.

iii.

Walls or fences constructed of wood, brick or masonry shall be used to secure the site and provide an opaque barrier. Such walls or fences may be used in combination with landscaping to provide security or increase the buffer to other land uses. Other types of fences shall be allowed only if used in conjunction with evergreen shrubs or hedges when upon maturity are equal to or greater than the height of the fence for the purposes of providing an opaque barrier. Landscaping requirements set in this subparagraph may serve to fulfill requirements set in subsection b.2.ii. above.

iv.

Monopoles located within an existing hard surfaced paved parking lot shall be excluded from the landscaping requirements listed above in subsection b.2.i. and ii.

Visual impact mitigation.

Color commercial transmission towers, radio towers, masts, aerials and/or antennas shall be constructed of a material with a neutral color designed to blend in with surrounding land uses.

ii.

Lighting dual lighting shall be employed on commercial transmission towers, radio towers, masts, aerials and/or antennas when lighting is required and as permitted by the Federal Aviation Administration (FAA) or other federal or state authority. For the purposes of this ordinance and to minimize intrusion into other areas, dual lighting shall be considered as strobe lighting during the day light hours and red lighting at night.

Associated support buildings.

Radio equipment may be housed within existing structures or in new buildings constructed within the buildable area of the site.

ii.

Associated support buildings up to a maximum of eleven (11) feet in height and four hundred (400) square feet in area shall be permitted on rooftops.

iii.

Associated support buildings shall be subject to local, state, and federal safety standards to protect adjacent land uses.

iv.

In no case shall associated support buildings be considered accessory structures or buildings.

Structural integrity commercial transmission towers, radio towers, masts, aerials and/or antennas including any proposed transmission equipment, shall be certified by an engineer to structural standards for steel antenna towers and antenna supporting structures set in the Electronic Industries Association/Telecommunications Industry Association standards referenced as EIA/TIA-222-E and as amended hereafter.

Guy anchors.

Where a commercial tower is guyed, the exposed, above-ground portion of guy anchors shall be no less than five (5) feet from the nearest property line.

ii.

For rooftop towers, all guy wire anchors shall be positioned on top of the roof of the building upon which the transmission towers, radio towers, masts, aerials and/or antennas are located.

Density requirements. No more than one (1) site for commercial transmission towers, radio towers within any given five hundred (500) foot radius shall be permitted. Commercial transmission towers, radio towers, masts, aerials and/or antennas of a monopole design shall be excluded from this density requirement.

All building and other parish codes shall be met.

Submittal requirements. The applicant shall submit those materials required by the parish to the department of building permits. Such submittal materials shall sufficiently detail the proposed commercial transmission tower, radio tower, mast, aerial and/or antenna as it relates to the above criteria.

Special permitted use.

For those commercial transmission towers, radio towers, masts, aerials and/or antennas not meeting the criteria outlined above due to site related or other hardships, Site Plan Review and Council approval in accordance with section 33-2.23, special permitted uses, shall be required.

Submittal requirements. The applicant shall submit those materials required by the parish for the special permitted use to the department of planning. Such submittal materials shall sufficiently detail the proposed commercial transmission tower, radio tower, mast, aerial and/or antenna as it relates to the above criteria.

Structures which carry electric and communications transmission lines are not included under this paragraph.

(5)

Existing one- and two-family dwellings, including townhouses, elevated as part of a home elevation project to reduce potential flood damage may exceed the maximum height allowed by the underlying zoning district, subject to the following conditions:

Eligibility. The exception to maximum height shall be allowed only when all of the following conditions are met:

The height exception shall not apply to construction of a new dwelling or an addition to an existing dwelling, and shall not result in new residential living area, in whole or in part, that would not otherwise be permitted by this Code;

The existing building shall meet the height requirements of the zoning district at the time of application; and

The elevation project shall support the long-term flood prevention and preparedness policies of the parish, as determined by the parish floodplain manager.

Determination of the height exception. The Parish floodplain manager shall determine the height exception, which shall be the minimum amount of vertical height, above the maximum height allowed by the zoning district, necessary to elevate the dwelling above the crown of the street, or the effective BFE as applicable, and in accordance with the requirements of chapter 14 flood damage prevention of this Code.

Submittal requirements.

The applicant shall request the determination from the parish floodplain manager and shall submit the determination, in the form of a letter, as part of the application for a building permit; however, if the site plan review process is required, as per section 33-2.25 of this Code, the floodplain manager shall provide the determination as part of the LURTC review process.

The request for the determination shall include the following elevations and dimensions illustrated and drawn to scale on the building plan and submitted to the department of floodplain management and hazard mitigation:

Existing grade or ground surface elevation of the development site and building footprint;

ii.

Existing and proposed elevation of the lowest floor, as defined in Chapter 14 Flood Damage Prevention Ordinance of this Code;

iii.

Existing and proposed building height, as defined in section 40.3 of this Code;

iv.

The maximum height allowed by the zoning district regulations; and

Upon request of the floodplain manager, any additional materials necessary to facilitate the determination.

(Ord. No. 20783, § 3(XX(2)), 9-22-99; Ord. No. 22794, § 17, 7-19-06; ; Ord. No. 24860, § 4, 11-5-14; Ord. No. 25020, § XVIII, 10-7-15; Ord. No. 26369, § 28, 2-16-22; Ord. No. 26490, § 34, 9-28-22; Ord. No. 26625, § 68, 6-14-23; Ord. No. 26792, § 68, 5-22-24)

Sec. 40-738. - Exceptions to yard regulations.

(a)

More than one (1) main institutional building, public or semi-public, multiple-family, commercial or industrial building may be located upon a lot or tract, provided no such building or portion thereof is located outside the buildable area of the lot.

(b)

For the purpose of the side yard regulations, a two-family, three-family or four-family dwelling, a group of row houses, a group of townhouse dwellings, a multiple-family dwelling, condominium dwelling, electric sub-station or gas pressure regulating and metering station for public utility purposes shall be considered as one (1) building occupying one (1) lot.

(c)

Open or lattice-enclosed fire escapes, fireproofed outside stairways, and balconies opening upon fire towers, and the ordinary projection of chimneys and flues into a rear yard may be permitted by the building permits director for a distance of not more than five (5) feet, but only where the same are so placed as not to obstruct light and ventilation.

(d)

Temporary roadside stands in an S-1 Suburban District may be located within a front yard.

(e)

Existing residential dwellings which have at least a three-foot side yard setback may be permitted to maintain such setback on addition, provided that all other setbacks conform to this ordinance.

(f)

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

(1)

Ramps, steps, and similar projections that provide access to an existing means of ingress or egress or mechanical equipment may project into a portion of a required side yard, provided the following conditions are met:

The projection shall be unenclosed and uncovered; and

For any single-family dwelling, excluding a townhouse, the projection shall be set back at least two (2) feet measured from the exterior of the stair or ramp to the nearest side lot line and at least one (1) side yard area shall maintain at least three (3) feet of unobstructed access from the nearest side lot line; or

For any two-family dwelling or townhouse, the projection shall be set back at least three (3) feet measured from the exterior of the stair or ramp to the nearest side lot line.

(2)

Required parking space(s) may be relocated within the required front yard when maintaining a space in an attached garage or carport would result in the construction of a driveway with a slope greater than five (5) percent and when there is no other legal location for parking on site, as determined by the department of building permits.

(Ord. No. 20783, § 3(XX(3)), 9-22-99; Ord. No. 21715, § 22, 11-13-02; Ord. No. 24860, § 5, 11-5-14; Ord. No. 25195, § 1, 8-24-16; Ord. No. 26625, § 69, 6-14-23)

Sec. 40-739. - Exceptions to area regulations.

(a)

Campuses. All lots comprising a campus may be used to meet minimum lot area or parking requirements, provided that the campus complies with the following criteria:

(1)

Calculation.

Lots comprising a campus shall be uninterrupted by lots affiliated with other uses not associated with the campus.

Notwithstanding the definition of campus, a campus may be interrupted by public right(s)-of-way if at least fifty (50) percent of the frontage of each lot is located directly across the public right-of-way from another lot comprising the campus, as measured in a straight line perpendicular to the property line.

No lot comprising the campus shall be less than five thousand (5,000) square feet.

(2)

Path system required. A continuous sidewalk or path system shall connect the campus' lots and include at least one (1) pedestrian crosswalk across any street that interrupts the campus subject to State or Parish approval, as applicable.

(3)

Dedication.

Campus lot areas and parking shall be shown on a site plan. Lot area and parking shall be established by notation on the plan as well as in the ordinance adopting said plan, if an ordinance is required.

A campus interrupted by public right(s)-of-way shall be established by a recorded dedication on a form approved by Jefferson Parish, a stamped copy of which shall be provided to said department before the site plan is approved.

Dedication of lot area or parking shall contain a clause stating that said dedication shall be valid until revoked in writing by the building permits director or the planning director, as applicable.

(Ord. No. 20783, § 3(XX(4)), 9-22-99; Ord. No. 24807, § XLV, 8-27-14; Ord. No. 26490, § 35, 9-28-22; Ord. No. 26625, § 70, 6-14-23)

Sec. 40-740. - Reserved.

Editor's note— Ord. No. 26351, § 21, adopted Jan. 26, 2022, repealed § 40-740, which pertained to sub-standard lots of record and derived from Ord. No. 20783, § 3(XX(5)), adopted Sept. 22, 1999.

Sec. 40-741. - Projections into open areas.

(a)

Every part of a required yard shall be open to the sky except where necessary buildings are permitted in that portion of a rear or side yard and except for the ordinary projections of sills, belt course, cornices and ornamental features projecting, not more than eighteen (18) inches, provided, however, that a roof, a gutter and eaves may project to the extent of four (4) feet into a required front, rear, and side yard, if a minimum distance of two (2) feet remains open to the sky between the farthest projection of the roof, gutter or eaves and the side property line. Walls of residential fireplaces shall not project nearer than three (3) feet to the side lot line and shall not exceed eight (8) feet in total length.

(b)

A porte-cochere, carport or canopy may project in a portion of a required side yard provided that part of the projection of such porte-cochere, carport, or canopy is unenclosed, on the side nearest the front property line and on the side nearest the side lot line; provided further, that this projection is removed at least three (3) feet from the nearest side lot line and does not extend more than forty (40) feet in length or more than thirteen (13) feet in height, provided further, that where a storage or utility room is combined with the carport, that the side wall of said storage or utility room shall not be nearer than three (3) feet to the side lot line; provided further, that in required side or front yards adjacent to streets, canopies may be located in required side or front yards adjacent to streets on lots occupied by churches, schools, hospitals, clinics, funeral homes, hotels, public buildings and institutions of philanthropic, educational, religious or eleemosynary nature.

(c)

An open unenclosed, uncovered porch, terrace, or steps not greater in elevation than the lowest floor, as defined in Chapter 14 Flood Damage Prevention Ordinance of this Code, may project into a required front yard a distance of not more than ten (10) feet, but in no case more than half the distance from building line to the front property line; or project into a required side yard to a point not closer than five (5) feet to any side lot line, except as provided in section 40-738 of this Code for the elevation of existing one- and two-family dwellings, including townhouses. This shall not be interpreted to include or permit fixed marquees or canopies except where otherwise provided herein.

(d)

[Reserved.]

(Ord. No. 20783, § 3(XX(6)), 9-22-99; Ord. No. 23330, § XXXVII, 6-11-08; Ord. No. 24860, § 6, 11-5-14)

Sec. 40-742. - Exceptions and modifications to use regulation.

(a)

Existing railroads and utilities may continue to be operated and maintained in residential and commercial districts, but no new railroad or utility structure other than the usual poles, transformers, and similar appurtenances, wires, underground utilities, electric sub-station and gas metering and pressure regulating stations shall be established in such districts except when so authorized by the building permits director.

(b)

Temporary buildings used in conjunction with construction work only may be permitted in any district during the period the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.

(c)

Coin-operated gaming device(s) are prohibited in any establishment within three hundred (300) feet of a church, playground or school as measured from any property line; however, those existing establishments containing and operating gaming device(s) within three hundred (300) feet of a church, playground or school who discontinue operation will have six (6) months from discontinuance date to reestablish their operation, after which time the operation of such gaming device(s) in these establishments is not permissible. This six-month time period does not apply if the gaming device(s) have been physically removed from the establishment.

(d)

Incineration devices shall be prohibited within three hundred (300) feet of any residential zoned property.

(Ord. No. 20783, § 3(XX(7)), 9-22-99; Ord. No. 21734, § 18, 12-11-02; Ord. No. 22670, § 13, 1-11-06; Ord. No. 23330, § XXXVIII, 6-11-08; Ord. No. 23292, § 34, 5-7-08; Ord. No. 24823, § XXVII, 9-17-14; Ord. No. 26526, § 16, 12-14-22; Ord. No. 26625, § 71, 6-14-23)

Sec. 40-743. - Regulation of accessory buildings, structures, and uses.

Section 33-5.3.2, accessory buildings, structures, and uses shall apply.

(Ord. No. 20783, § 3(XX(8)), 9-22-99; Ord. No. 22039, §§ 1, 5, 11-5-03; Ord. No. 23816, § 2, 5-26-10; Ord. No. 24860, § 7, 11-5-14; Ord. No. 26369, § 29, 2-16-22)

Sec. 40-743.5. - Regulations for fences.

(a)

In general.

(1)

In the event that the regulations in this section are in conflict with the regulations of the applicable zoning district, the more restrictive regulations, including section 40-665, clear vision area, shall apply. Where elements in this section are not addressed in the regulations of an applicable zoning district, the regulations in this section shall apply.

(2)

Height. A fence not to exceed a height of eight (8) feet may be erected along lot lines, in each side yard or side area when placed in alignment approximately parallel to the front lot line and connecting the main building with a fence on or along a side lot line, or around a yard, except a fence within a front yard shall be subject to the provisions in the following subsection. The maximum fence height in the I-MU, I-L, I-H, and AIM zoning districts shall be ten (10) feet.

Fig. 40.743.5 - Fence Height and Measurement

(3)

Measurement. Fence height shall be measured from the lowest elevation of soil adjacent to the fence and shall include the height of chain, retaining or low masonry walls.

(4)

Orientation. Along street rights-of-way, except freeways and interstates as defined by the Jefferson Parish Thoroughfare Plan, all nondecorative posts, horizontal posts, cross-members, and similar unfinished components shall be oriented inward to the lot on which the fence is located.

Fig. 40.743.2 - Fence Orientation

(5)

Shy distance.

Fences shall be setback a minimum of one (1) foot from sidewalks. In accordance with chapter 29, roads and bridges, fences shall not be constructed closer to the street or sidewalk than the lot line without approval from the department of public works.

Gates, when fully open, may not extend into the sidewalk area or any other portions of the right-of-way without approval by the department of public works.

(6)

Drainage. No fence shall prevent the proper drainage of any lot.

(7)

For parking areas. Approval from the department of building permits shall be obtained prior to fencing parking areas in commercial districts or parking areas for commercial uses.

(b)

Fence in the front yard. A front yard shall not be fenced or otherwise enclosed unless a variance is granted by the board of zoning adjustments in accordance with Article XLII, Board of Zoning Adjustments (BZA), of this chapter, and the following criteria are met:

(1)

Portions above three (3) feet shall meet the definition of an open fence.

(2)

Fence columns shall be no more than eighteen (18) inches in width, depth, or diameter and shall be spaced no closer than five (5) feet on center.

(3)

Living fences shall not exceed a height of three (3) feet.

(4)

In granting or denying the request for a fence in the required front yard, the BZA may consider how the proposed fence conforms to the characteristics of existing fences in the immediate area and, except to maintain conformity with existing fences, a minimum setback of three (3) feet from the front lot line shall be provided. The immediate area is defined as consisting of both sides of the street or road within three hundred (300) feet from the subject property, as measured from the outer corners of the subject property's front property line. The property owner or applicant shall provide documentation of existing fences to the BZA.

(5)

In the OMNCD, front yard fences shall maintain an open design and be made of durable material. Wood and metal picket fences may be used in conjunction with low masonry walls provided the masonry portion is no greater than three (3) feet in height. Chain link fences shall not be permitted when located in the front yard.

(c)

Fence on through lot, corner lot.

(1)

Lots which front a major or minor arterial, or collector street, as shown in the Jefferson Parish Thoroughfare Plan, and also front a second street may fence the front yard adjoining the major or minor arterial, or collector street, upon approval by the BZA;

(2)

Lots which are part of an approved subdivision plan and have had access restricted to an interior street by ordinance shall be considered as single front lots with the rear yard adjoining the major or minor arterial, or collector street; or

(3)

In the OMNCD, a fence in the corner side yard shall be subject to the same requirements as a fence in the front yard.

(d)

Exceptions to fence height.

(1)

Sloping grades. When a fence is to be built along a sloping grade, the maximum height may be averaged across stepped, six (6) foot segments to allow the fence to follow the natural rise and fall of the slope. For uniform height, fence height may be increased one (1) inch for every twenty (20) feet in fence length. No portion of the fence shall exceed nine (9) feet.

Fig. 40.743.5.3 - Height for Sloping Grades

(2)

Architectural features. When in combination with a fence, archways, gates, columns and posts, including caps and similar decorative elements shall not exceed eight and one half (8 ½) feet in height.

(3)

Recreational areas. Open chain link fences with a maximum height of twelve (12) feet may enclose recreational areas such as basketball courts, tennis courts, volleyball courts and other similar uses, when not located in the required front yard and have the setback required for accessory structures of the zoning district in which it is located.

(e)

Fence required for specific uses.

(1)

Generally. In the event that the regulations for a specific use within a zoning district conflict with the following, the regulations for the specific use shall apply.

(2)

Property which abuts residential property.

Nonresidential development. The property owner obtaining a building permit for a nonresidential lot abutting a residential zoning district shall erect an opaque wood, brick, or masonry fence with a minimum height of seven (7) feet on the common lot line of the nonresidential lot abutting a residential zoning district in a manner that screens the area from view from public rights-of-way and adjacent properties. Nonresidential uses in residential zonings districts may fulfill this requirement with vegetative screening that shall be a minimum two (2) feet in height when planted and must be a minimum height of six (6) feet within two (2) years and create a continuous opaque barrier.

Three-, four-, and multi-family residential development. The property owner obtaining a building permit for a three-, four-, or multi-family residential use shall erect an opaque wood, brick, or masonry fence with a minimum height of seven (7) feet on the common lot line of the three-, four-, or multi-family residential lot abutting a single- or two- family residential lot in a manner that screens the area from view from public rights-of-way and adjacent properties. This requirement may be fulfilled with vegetative screening that shall be a minimum two (2) feet in height when planted and must be a minimum height of six (6) feet within two (2) years and create a continuous opaque barrier.

(3)

Junkyards. A junkyard for the storage of wrecked automobiles, abandoned machinery, and other discarded items shall be enclosed by a feather-edge board fence, a solid masonry fence, or similar opaque fence, with a minimum height of eight (8) feet, to completely screen the area from view from public rights-of-way and adjacent properties.

(Ord. No. 24823, § XXVIII, 9-17-14; Ord. No. 26135, § 1, 2-3-21; Ord. No. 26369, § 30, 2-16-22; Ord. No. 26625, § 72, 6-14-23; Ord. No. 26792, § 69, 5-22-24)

Sec. 40-744. - Regulation of on-site biomedical waste treatment facilities.

(a)

On-site potentially infectious biomedical waste treatment facilities shall meet fully all of the following criteria:

(1)

To ensure adequate protection of adjacent uses there shall be a one thousand-foot minimum distance between all areas where the potentially infectious biomedical waste is treated or where the treated or untreated potentially infectious biomedical waste is otherwise temporarily or permanently stored, disposed, loaded, unloaded, or handled and any adjacent property line or public right-of-way.

(2)

The facility shall not be located in a flood-prone area defined for the purpose of this provision as all zones other than Zones C and B as indicated on the most current official Flood Insurance Designations Map for Jefferson Parish.

(3)

The rated treatment capacity of the facility shall not exceed five hundred (500) pounds per hour.

(4)

All service areas including storage, processing, loading and unloading of potentially infectious biomedical waste shall be obscured from view by a fence or wall constructed of opaque material such as wood, brick and/or masonry and a minimum of seven (7) feet in height.

(5)

Untreated waste as well as incinerator residues including spent ash must be held in an enclosed, roofed area until removed for final disposal and the entire work area outside of the building proper where the waste and residue is loaded, unloaded, stored or handled shall be concreted to minimize the possibility of releasing infectious waste or residues into the general environment.

(6)

The street system, ingress and egress, off-street parking, loading, and pedestrian ways shall be adequate and in accordance with the Code of Ordinances of Jefferson Parish.

(7)

Adequate safeguards shall be provided to limit obnoxious or offensive emission of smoke, gasses, vibration, light, noise, glare, dust and odors or other noxious or offensive fumes and these safeguards regarding the foregoing shall be presented to the parish and shall minimize various impacts and nuisance in accordance with the best practical technology.

(8)

The proposed waste treatment facility shall be reviewed by the appropriate parish departments to confirm that all federal, state and local regulations are met; and more particularly approvals are obtained from the following: the Jefferson Parish Department of Environmental Affairs, which shall be the permitting agency for such facilities to ensure the appropriate environmental safeguards are enacted to protect the community from hazard; the departments of sewerage, water, drainage, and streets to determine if the respective public infrastructure is adequate and any improvements are needed to accommodate the waste treatment facility; and the department of planning to determine the land use compatibility of the proposed facility with surrounding development.

(9)

All applicable federal, state and local requirements shall be met and all required permits and licenses shall be obtained prior to the issuance of a building permit.

(10)

In the event any of the above criteria, standards, or regulations are in conflict with each other or with local, state, or federal regulations, the more restrictive shall govern.

(11)

Streets officially designated by the Parish of Jefferson as truck routes shall be utilized for the transportation of potentially infectious biomedical wastes to the maximum extent practicable. Prior approval shall be obtained from the parish of all routes to be used for transporting such wastes. The transportation routes shall be so designed, and the Parish shall not approve the permit or the routes, unless areas located within the following Residential Zoning Districts: Article V, Suburban District (S-1); Article VI, Single-Family Residential District (R-1A); Article VII, Suburban Residential District (R-1B); Article VIII, Rural Residential District (R-1C); Article IX, Rural Residential District (R-1D); Article XI, Manufactured Home District (R-1MH); Article XII, Two-Family Residential District (R-2); Article XIII, Three- and Four-Family Residential District (RR-3); Article XIV, Multiple-Family Residential District (R-3); Article XV, Townhouse District (R-1TH); Article XXII, Core District - Residential (CD-R); and Article XVI, Condominiums District (R-1CO) of this ordinance are avoided to the maximum extent practicable. The applicant shall bear the burden of showing that transportation through the protected areas is necessary and cannot be avoided.

(12)

The on-site facility shall not treat or store any potentially infectious biomedical waste not generated on-site by the health care facility to which it is an accessory use with the exception that up to ten (10) percent of the potentially infectious biomedical waste treated on-site on a weekly basis by the on-site facility may be generated off-site by staff physicians of the same health care facility. There shall be no consideration or fee exchanged between the staff physicians and the health care facility for such treatment service.

(13)

The following minimum information shall be submitted to the department of building permits in the form of site plans with the application for a building permit:

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

A current certified survey showing existing lots and property boundaries, streets, rights-of-way, servitudes, buildings and building setbacks, surrounding streets and important physical features on and adjoining the property and their dimensions, and total square footage of the site. If the proposal includes a resubdivision, a separate survey shall include proposed lots, servitudes, rights-of-way and property to be revoked and dedicated.

The location and dimensions of all existing and proposed streets, driveways, entrances and exits, number of parking spaces, service bays and loading areas, sidewalks, traffic circulation patterns, directional signs and traffic signals, when appropriate.

A topographic map of the site including flood zone designation(s).

The location, height and elevations of all existing and proposed structures including stack height showing setback dimensions, use and type of materials and color schemes.

The total number of units and floor area in square feet.

A spill prevention control countermeasure plan and an emergency services plan showing the location and dimensions of fire lanes, and the location of all fire hydrants within three hundred (300) feet of the site.

The total area of the site in square feet and the percentage of the site and total area in square feet to be used for open or green spaces, exclusive of parking area.

The zoning classification of the site, zoning classification and land use of surrounding property within a radius of one thousand (1,000) feet from the petitioned property.

A utilities inventory showing the location and size of existing water, sewerage, drainage and power lines, manholes, lift stations, ditches, canals and other watercourses within the vicinity and applicable to the development.

The transportation routes to be employed in the transportation of the waste products.

The location and distance to the nearest existing permitted parish and state landfill disposal facility.

The location of storage areas for the raw waste products prior to waste treatment and end products following waste treatment.

(14)

The following minimum information shall be submitted to the department of building permits in the form specified by the application packet in addition to the application for a building permit:

Methods to be employed in waste treatment.

Capacity of the facility to test and dispose of the waste.

Origin of the waste products to be treated or disposed of and their destination after treatment or at final disposal of the end products.

The method of storage of the raw waste products prior to waste treatment and end products following waste treatment.

The method of final disposal of the end products.

The rated capacity of the treatment facility in pounds per hour.

The method of transportation to be employed in the transportation of the waste products.

(15)

Additional information as required by the Parish of Jefferson shall be furnished as part of the application and/or site plans.

(b)

On-site potentially infectious biomedical waste treatment facilities existing at the time of the adoption of this ordinance which choose to rehabilitate or upgrade said facility and cannot meet the standards specified in subsections (a)(1) and (3), concerning capacity and distance standards, above, may be granted variances by the Jefferson Parish Council, subject to section 33-2.23, special permitted uses.

(Ord. No. 22039, § 5, 11-5-03; Ord. No. 26625, § 73, 6-14-23; Ord. No. 26792, § 70, 5-22-24)

Editor's note— Ord. No. 26625, § 73, adopted June 14, 2023, amended the title of § 40-744 to read as herein set out. Former § 40-744 was titled, "Regulation of on-site potentially infectious biomedical waste treatment facilities."

Sec. 40-745. - Community unit development.

Any authorized agency of the parish, state or federal government or the private owner or owners of any tract of land, containing an area of not less than four (4) acres, may submit to the council, through the planning department, a plan for the development of such tract of land, the design of which makes it desirable to apply regulations more flexible than those contained in this ordinance. Such a proposed plan may contain residential uses of various types and allied uses such as private or storage garages, parking spaces and other such non-commercial uses as schools, churches, libraries, parks and playgrounds, and day nurseries. After due public hearing notice as described in the procedure for such hearings, the council may approve such development upon a finding that the following conditions of fact exist:

(1)

That the tract of land on which the development is proposed contains not less than four (4) acres.

(2)

That the average lot area per family within the site exclusive of streets, will not be less than the lot area per family required in the district in which the development is to be located.

(3)

That where desirable, provision is made for adequate and properly located public uses such as schools, parks and playgrounds.

(4)

That the property adjacent to the area proposed for development would not be adversely affected.

(5)

That this provision shall not apply to tracts of land zoned R-1, Single-Family Residential.

(6)

That the planning director and the parish attorney may at their discretion permit amendments to a community unit development plan provided the site configuration remains unchanged, the number of dwelling units is not increased and the required lot area per family is not reduced.

(7)

The approval granted by the council for any such development shall expire five (5) years after the date of approval if the applicant has not completed construction of at least fifty (50) percent of the proposed development. The council may extend its approval for an additional two (2) years at the request of an applicant.

(Ord. No. 20783, § 3(XX(10)), 9-22-99)

Sec. 40-746. - Reserved.

Editor's note— Ord. No. 26351, § 23, adopted Jan. 26, 2022, repealed § 40-746, which pertained to regulations for townhouse dwellings and derived from Ord. No. 20783, § 3(XX(11)), adopted Sept. 22, 1999.

Sec. 40-747. - Regulations for stadiums and athletic fields.

(a)

General.

(1)

For purposes of this section, residential zoning districts shall include the following: 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), Condominiums (R1CO), Townhouses (R1TH) or Multiple-Family Residential (R3).

(2)

Stadiums and athletic fields shall be permitted in a residential zoning district only as accessory to a school or park or playground as defined in this chapter.

A stadium accessory to a school shall be accessory only to a high school.

Elementary schools which have multipurpose fields with no seating and no permanent improvements on the field are exempt from these regulations.

(3)

Any facility in existence on the effective date that meets the definition of stadium shall not expand the seating capacity unless it meets all criteria established by this section regarding stadiums.

(4)

Any facility in existence on the effective date that meets the definition of athletic field shall not expand the facility into a stadium unless it meets all criteria established by this section regarding stadiums, and shall not expand its seating capacity as an athletic field unless it meets all criteria, except lighting, setbacks, signs, and site, established by this section regarding athletic fields.

(5)

For purposes of this section the term outermost boundary shall include any distances outside the marked field as required by the National Federation of State High School Associations, American Youth Football, Little League Baseball, Dixie Youth, Little League Softball, Babe Ruth League, U.S. Soccer Federation, FIFA or other regulatory authority determining field size.

(6)

For purposes of this section the term footprint of the seating structure shall mean the dimensions of the seating structure as if depicted in an aerial view.

(b)

Stadiums and athletic fields in residential zoning districts. Notwithstanding the definition of accessory building or use, or any other provisions related to accessory buildings or uses, the following regulations shall apply to any stadium or athletic field accessory to a school or located within a park or playground in a residential zoning district:

(1)

Site. Stadiums and athletic fields shall be located on the same lot of record as and contiguous to the school, park or playground, and uninterrupted by public rights-of-way. In the case of a school, the lot of record upon which the stadium or athletic field is located also shall contain at least fifty (50) percent of the square footage of the school dedicated to core educational, academic activities, excluding space used for athletics such as gymnasiums and outdoor fields.

Stadiums shall meet minimum site acreage as follows:

Stadiums with less than three thousand (3,000) seats shall have no minimum required acreage except the acreage that is required to meet these regulations.

The minimum site acreage required for stadiums larger than three thousand (3,000) seats shall be as follows:

Size of Stadium	Minimum Acreage Required
3001—3500	11.75
3501—4000	13.00
4001—4500	14.25
4501—5000	15.50

Credit for existing, legal, required parking spaces for the school, park or playground shall be given according to the following formula: for each existing, legal, required parking space as determined by the planning department, the applicant may deduct three hundred (300) square feet from the required acreage for the stadium site.

(2)

Seating.

Athletic fields shall not exceed one thousand (1,000) seats including any portable bleachers regularly used.

Stadiums shall not exceed five thousand (5,000) seats including any portable bleachers regularly used.

(3)

Setbacks.

Stadiums. Stadiums shall maintain the following setbacks:

When abutting a right-of-way or a property zoned non-residentially. The required setback for a stadium shall be fifty (50) feet, measured in a straight line, without regard to intervening structures, from the outermost edge of the footprint of the seating structure or the outermost boundary of the field, whichever is closer, to the nearest lot line.

When abutting a property zoned residentially: The required setback for a stadium shall be one hundred (100) feet, measured in a straight line, without regard to intervening structures, from the outermost edge of the footprint of the seating structure or the outermost boundary of the field, whichever is closer, to the nearest lot line.

Athletic fields. Athletic fields shall maintain the following setbacks:

When abutting a right-of-way or a property zoned non-residentially: The required setback for an athletic field shall be twenty-five (25) feet, measured in a straight line, without regard to intervening structures, from the outermost edge of the footprint of the seating structure or the outermost boundary of the field, whichever is closer, to the nearest lot line.

When abutting a property zoned residentially: The required setback for an athletic field shall be fifty (50) feet, measured in a straight line, without regard to intervening structures, from the outermost edge of the footprint of the seating structure or the outermost boundary of the field, whichever is closer, to the nearest lot line.

(4)

Landscape and buffer.

Section 33-6.25, Landscaping, buffering, and screening, shall apply, except that the streetscape and property buffer areas shall only be required on the portion of the lot where the stadium is located.

Exceptions. Public parks or playgrounds are exempt from these landscape and buffering criteria.

(5)

Height.

The height regulations of the zoning district shall apply to the seating structures in stadiums and on athletic fields.

Notwithstanding the regulations of section 40-737 Exceptions to height requirements related to schools and public and semi-public buildings, seating structures may exceed the height limit of the zoning district up to ten (10) feet provided that on the side abutting property zoned residentially the entire structure shall be set back an additional foot for each additional foot of height.

(6)

Signs. Notwithstanding any other regulations of this chapter regarding signs, all stadiums and athletic fields that include scoreboards shall meet the following regulations:

Size of scoreboards shall meet the following regulations:

When a scoreboard is in a stadium, the height of the scoreboard shall be no higher than the highest part of the stadium. When located on an athletic field, the height of the scoreboard shall be no higher than twenty (20) feet.

The total area of the scoreboard, excluding poles, for stadiums shall not exceed hundred (400) square feet; for athletic fields, total area shall not exceed two hundred (200) square feet.

No more than twenty-five (25) percent of the total square footage of the scoreboard shall be used for sponsor identification.

Changeable copy on the scoreboard shall relate only to the statistics of the game being played.

All scoreboards shall be oriented toward the field to minimize sound or light intrusion onto abutting properties.

(7)

Lighting.

Lighting for stadiums and athletic fields.

Lighting for stadiums and athletic fields shall follow the standards established by the Illuminating Engineering Society of North America (IESNA) guide Recommended Practice for Sports and Recreational Lighting, RP-6-01 or latest edition and any other IESNA guides referenced by the RP-6-01 or subsequent editions including, but not limited to, Lighting for Exterior Environments, RP-33-99 or latest edition.

Fixtures shall be fully shielded or designed with sharp cut-off capability, to minimize up-light, spill-light and glare into abutting properties. The level of acceptable spill-light shall be based upon the environmental zone (as defined in Lighting for Exterior Environments, RP-33-99 or latest edition and determined in consultation with the departments of planning and parks and recreation) where the stadium or athletic field is located.

The poles that fixtures are mounted upon shall not be located within the required setback; and when located abutting a property zoned residentially, the height of the poles shall not exceed the distance the poles are set back from the property line regardless of the setback requirements.

The required lighting plan shall be prepared and certified by a professional electrical engineer licensed in the State of Louisiana, and submitted with the special permitted use application. The lighting plan shall include, but not be limited to:

Location of field and poles including total height of poles.

ii.

Certification by the licensed professional engineer shall be affixed with the seal or license number, as applicable, of the professional engineer and attest to compliance with the IESNA standards and accuracy of the submitted information.

iii.

Other items as determined in consultation with the departments of planning and parks and recreation.

Lighting for parking lots and areas surrounding stadiums and athletic fields.

The maximum height limit for lighting fixtures shall be thirty (30) feet.

All light fixtures shall be shaded or hooded and oriented to prevent light spill or glare into abutting properties.

All light fixtures shall be shown on the required site plan.

(8)

Noise. All regulations of the Jefferson Parish Code of Ordinances regarding noise shall be met. In addition, any public address system located on site shall be oriented to minimize sound intrusion onto abutting properties.

(9)

Operation.

Hours of operation. Night games and events shall be scheduled to conclude by 10:00 p.m. with any post game or event activities finished and all lighting turned off by 11:00 p.m. The only exception to this regulation is for games or events delayed by rain or other unscheduled delay.

Days of week. Activities held Sunday through Wednesday in stadiums accessory to high schools shall be scheduled to conclude by 5:00 p.m.

Activities permitted. After 5:00 p.m. on Thursday, Friday, or Saturday, stadiums accessory to high schools shall be used only for athletic events.

(10)

Access and parking.

Access and parking requirements.

Parking requirements set forth in Article XXXV. Off-street Parking, Loading, and Clear Vision Area Regulations shall apply.

Parking for high schools or parks or playgrounds built after January 10, 2007, which include stadiums shall have primary access located on a major or minor arterial or a collector street.

Parking for schools or parks or playgrounds built after January 10, 2007, which include athletic fields may have primary access located on a local street.

Additional parking required to accommodate a stadium built after January 10, 2007, for existing high schools or parks or playgrounds shall have primary access located on a major or minor arterial or a collector street.

Additional parking required to accommodate an athletic field built after January 10, 2007, for existing schools or parks or playgrounds may have primary access located on a local street.

Secondary access may be located on a local street if the access is located within two hundred (200) feet of the street providing primary access to the 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.

Parking garages. When the school or park or playground is located in a zoning district that allows parking garages, the following regulations shall be met:

Parking garages, including any exterior lighting, shall not exceed the height of the zoning district.

Parking garages shall be designed to screen the front ends of cars from sight.

Parking garages shall use materials and an architectural style that complement the stadium, school and/or playground buildings to incorporate the structure into the site.

Parking garages shall only have vehicular access on a major or minor arterial or a collector street.

(11)

Traffic Impact Analysis (TIA). Notwithstanding the applicability requirements of this Code for traffic impact analysis, all special permitted use applications for stadiums shall include a TIA and the applicant shall provide to the parish any transportation improvements reasonably necessary to meet the needs of the stadium. The parish shall be the final arbiter of which improvements are reasonably necessary to meet the needs of the stadium. The stadium 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.

(12)

Approval. Stadiums and athletic fields accessory to schools and private parks or playgrounds shall be subject to site plan review in accordance with section 33-2.25, site plan of this Code.

The applicant shall submit a site plan documenting compliance with all the criteria of this section to the planning department for administrative review by the land use review technical committee, in accordance with level 1 site plan review procedures, including the fee, of section 40-449, development review procedures in the mixed use corridor district, and applicable requirements of section 40-450, site plan submittal.

If the planning director determines that all criteria are fully met, she shall approve the site plan.

If the site plan does not fully meet the criteria then the stadium or athletic field shall be subject to the provisions of section 33-2.23, special permitted uses, including the additional fee and approval from the Jefferson Parish Council, and a copy of all documents associated with the approval shall be recorded pursuant to the procedures of section 33-2.25.4, Recordation of approved site plan, of this Code. However, neither the parish council nor any parish board, commission, department, or administrative agency shall grant a variance to any of the following regulations, and special permitted use applications for stadiums shall not include requests for variances to these regulations:

Stadiums and athletic fields shall be located on the same lot of record as and contiguous to the school or park or playground, and uninterrupted by public rights-of-way. In the case of a school, the lot of record upon which the stadium or athletic field is located also shall contain at least fifty (50) percent of the square footage of the school dedicated to core educational, academic activities, excluding space used for athletics such as gymnasiums and outdoor fields.

Stadiums shall meet minimum site acreage as follows:

Stadiums with less than three thousand (3,000) seats shall have no minimum required acreage except the acreage that is required to meet these regulations.

ii.

The minimum site acreage required for stadiums larger than three thousand (3,000) seats shall be as follows:

Size of Stadium	Minimum Acreage Required
3001—3500	11.75
3501—4000	13.00
4001—4500	14.25
4501—5000	15.50

iii.

One parking (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.

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.

Schools having auditoriums, gymnasiums, or sports arenas 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.

Stadiums shall not exceed five thousand (5,000) seats including any portable bleachers regularly used.

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.

(c)

Stadiums and athletic fields in nonresidential zoning districts. When a stadium or athletic field is a stand-alone recreational use or accessory to a high school in the case of a stadium, any school in the case of an athletic field, or to a park or playground, in a nonresidential zoning district (where such uses are permitted) that abuts or is located across the right-of-way of a local, neighborhood collector, or collector street from a residential zoning district, the following criteria shall apply:

(1)

Site. When a stadium or athletic field is accessory to a school, park, or playground, the stadium or athletic field shall be located on the same lot of record as and contiguous to the school, park or playground, and uninterrupted by public rights-of-way. In the case of a school, the lot of record upon which the stadium or athletic field is located also shall contain at least fifty (50) percent of the square footage of the school dedicated to core educational, academic activities, excluding space used for athletics such as gymnasiums and outdoor fields.

(2)

Setbacks.

A stadium shall set back in its entirety a minimum distance of one hundred (100) feet, measured in a straight line, without regard to intervening structures, from the outermost edge of the footprint of the seating structure or the outermost boundary of the field, whichever is closer, to the nearest lot line of an abutting residential zoning district.

An athletic field shall set back in its entirety a minimum distance of fifty (50) feet, measured in a straight line, without regard to intervening structures, from the outermost edge of the footprint of the seating structure or the outermost boundary of the field, whichever is closer, to the nearest lot line of an abutting residential zoning district.

(3)

Landscape and buffer.

Exceptions. Public parks or playgrounds are exempt from these buffering criteria.

(4)

Height.

The height regulations of the zoning district shall apply to the seating structures in stadiums and on athletic fields.

Notwithstanding the regulations of section 40-737 Exceptions to height requirements related to schools and public and semi-public buildings, seating structures may exceed the height limit of the zoning district up to one hundred (100) feet without requiring the entire seating structure to set back an additional one (1) foot for each one (1) foot over one hundred (100) feet of height on the side abutting a property zoned residentially.