§ 33-2.24. Conditional use permit.

This section applies to certain uses that because of unique characteristics or potential impacts on adjacent and nearby land uses, are not permitted as a matter of right but which may, under appropriate standards and factors, be approved. Compliance with the generally applicable requirements may not be sufficient, and additional measures and conditions may be necessary to mitigate the impact of the proposed development. These uses shall be permitted through the issuance of a conditional use permit (CUP) within a site plan approved by the parish council after ensuring that the use can be appropriately accommodated on the specific property; that it will conform to the comprehensive plan; that it can be constructed and operated in a manner that is compatible with the surrounding land uses and overall character of the community; and that the public interest, health, safety, and general welfare will be promoted. For purposes of this Code, a special permitted use is the same as a conditional use.

(1)

Applicability . The conditional use permit procedures apply only to any conditional use permit authorized in this UDC. The provisions of this section apply to any application for approval of a conditional use enumerated by a "C" in the applicable use matrix. Conditional uses are those uses that may be compatible with the land uses permitted by right but that require individual review of their location, design, and configuration, and the imposition of conditions or mitigations in order to ensure the appropriateness of the use at a particular location within the zoning district.

(2)

Notwithstanding anything herein to the contrary, agricultural, timber, natural resource exploration and extraction, and other resource based uses are permitted and authorized in undeveloped areas of the U-1S without the requirement of a conditional use permit until such time as those specific areas are approved for development by the council.

(3)

Initiation . An owner of real property in unincorporated Jefferson Parish or the owner's authorized applicant may apply for a CUP for that property by filing an application with the planning department. The application shall include the material required for a site plan in the Appendix of the UDC and shall provide substantial competent evidence in the form of data, reports, or impact assessments to support findings related to the suitability of the use.

(4)

Procedure and approval. When the planning director has determined that the application is complete, she shall forward the application to the LURTC for review and comment. After LURTC review, the planning director shall make findings and a technical recommendation regarding approval of the CUP and submit her findings and recommendation to the PAB and council in accordance with the procedures of subsections A, B, C, and D of section 33-2.21.4 Decision makers of this division. Pursuant to these procedures, a CUP shall require a public hearing. The planning director and PAB may concurrently process and review the CUP and its site plan with a concept plan, rezoning, or subdivision application for the same property. The council shall make the final decision regarding approval of the CUP and may concurrently take action on related applications for concept plan, rezoning, or subdivision.

(5)

Conditions. In approving any CUP, the council may:

a.

Impose such reasonable standards, conditions, or requirements, in addition to or that supersede any standard specified in this Code, or within federal or state regulations and standards if federal or state provisions allow additional or stricter application, as the Council may deem necessary to protect the public interest and welfare. Such additional standards may include, but are not be limited to:

1.

Availability and financing of adequate public facilities;

2.

Dedication or reservation of land;

3.

Impact fees;

4.

Creation of special assessment districts;

5.

Creation of restrictive covenants, easements, or servitudes;

6.

Special setbacks, yard or area requirements;

7.

Increased screening, landscaping, or buffering requirements;

8.

Development phasing;

9.

Standards pertaining to traffic, circulation, lighting, hours of operation, vibration, noise, odor, dust, smoke, gas, or other performance-related impact, or protection of environmentally sensitive areas and similar characteristics; and

10.

Provision of sustainable features;

b.

Require that a performance guarantee be posted and a development agreement be entered into by the applicant to ensure continued compliance with all conditions and requirements as may be specified, in accordance with article 2 procedures, division 4 development agreements of this UDC.

(6)

Approval criteria. A conditional use is permitted only if the applicant demonstrates that:

a.

The proposed use shall comply with all applicable regulations of this Code;

b.

The proposed use shall promote a high quality of development and will be compatible with existing development and development anticipated in the future, including recreational uses, public facilities, and open space resources.

c.

The establishment, maintenance, or operation of the proposed use shall not have adverse impacts on the health, safety, comfort, or general welfare of persons living or working in the area, and shall not be injurious to property or improvements in the area. In making such a determination, consideration shall be given to:

1.

The location, type, and height of buildings, structures, or facilities;

2.

The type and extent of landscaping, screening, and buffering on the site; and

3.

Whether the proposed use is consistent with the goals, objectives, policies, or future land use or development patterns of the comprehensive plan for the area, especially ones that encourage mixed uses or densities;

d.

The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas;

e.

Adequate public facilities shall be provided as set forth in article 7, adequate public facilities required of this UDC;

f.

Adequate measures shall be taken to provide ingress, egress, and interior circulation so designed as to minimize traffic hazards and congestion on the public streets and facilitate safe and convenient multi-modal transportation for vehicles, pedestrians, and cyclists;

g.

The proposed use shall not impede the orderly development and improvement of surrounding property or the area;

h.

The public interest and welfare supporting the proposed use shall be sufficient to outweigh the individual interests that may be adversely affected by the establishment of the proposed use.

(7)

Subsequent applications. An application for CUP may be withdrawn at any time. If the application has been advertised for public hearing in compliance with the procedures of this UDC, an application requesting substantially the same use on all or part of the same described land shall not be reconsidered within one (1) year of withdrawal. No application for a CUP for any lot or parcel that requests the same use and same conditions shall be considered within one (1) year of a final decision denying the application.

(8)

Amendments. An amendment is a request for any enlargement, expansion, increase in intensity or density, relocation, or modification of any condition of a previously approved and currently valid CUP. Unless otherwise provided, amendments shall be processed as follows:

a.

Minor amendment . After review and comment from LURTC the planning director may approve a shift of five (5) percent or less, calculated cumulatively over what was approved in the initial CUP application, in the width, length, depth, or diameter of the location of a building, structure, or impervious surface to meet a foundation or similar study or accommodate a condition discovered during construction; or a five (5) percent or less increase in either building footprint, gross floor area, or impervious surface calculated cumulatively over what was approved in the initial CUP application; provided that such minor changes comply with the following criteria:

1.

No previous minor modification has been granted pursuant to this section;

2.

There will be no detrimental impact on any adjacent property caused by significant change in appearance or use of the property or any other contributing factor;

3.

The change does not involve the storage of hazardous, flammable, or toxic materials as determined by the fire director or chief;

4.

Nothing in the currently valid CUP precludes or otherwise limits such expansion or enlargement; and

5.

The proposal conforms to the requirements of this UDC, complies with all regulations of this Code, and is in keeping with the intent of the comprehensive plan.

b.

Major amendment. Any proposed amendment other than those provided in this section for minor amendment are considered a major amendment and shall be approved in the same manner and under the same procedures as are applicable to the issuance of the initial development approval.

(9)

Nonconforming uses. For an existing and currently valid conditional use that is no longer allowed as a conditional use in the zoning district in which it is located, the parish council, upon receipt of an application forwarded by the planning director, may review and approve an amendment to said development approval, provided that such amendment does not allow the use to be enlarged, expanded, increased in intensity, relocated, or continued beyond any limitation specified in the existing use development approval or established in Chapter 40, zoning, Article XXXVII nonconforming uses of this Code.

(10)

Recordation. A copy of all plans, agreements, ordinances, resolutions, or other documents associated with the authorization of a conditional use pursuant to this section shall be recorded at the expense of the applicant in the name of the property owner in the office of the Jefferson Parish Clerk of Court, pursuant to the procedures of section 33-2.25.4 Recordation of approved site plan of this UDC.

(11)

Renewal. Unless excepted in a zoning district or specific use standard, or otherwise provided, a conditional use shall be renewed every two (2) years subject to the provisions of section 40-764 Renewal of special permitted use in Article XL. special permitted uses of Chapter 40 zoning of this Code.

(Ord. No. 24989 , § II, 8-12-15; Ord. No. 25020 , § III, 10-7-15)