§ 33-3.53.4.3. Theaters (LBCS Function Codes 5110 and 5170).

(a)

Prohibition. Theaters shall not function as adult uses; however, nothing contained in these regulations shall be construed to limit the exhibition, presentation, showing, or performance of any play, ballet, drama, or motion picture in any theater, which is primarily devoted to such exhibitions, presentations, shows, or performances as a form of expression of opinion, communication, speech, ideas, information, drama, or art, as differentiated from commercial or business advertising, promotion, or exploitation of nudity, or obscene live conduct for the purpose of advertising, promoting, selling, or serving products or services or otherwise advancing the economic welfare of a commercial business or business enterprise such as a hotel, motel, bar, nightclub, restaurant, tavern, or dance hall.

(b)

Capacity. In the FC-1 district, theaters shall be limited to a maximum total capacity of two hundred (200) persons and to a single-screen for motion picture films.

(c)

Accessory uses.

(1)

Food services. The sale of food and beverages for consumption on the premises is allowed.

(2)

Alcoholic beverages. Holding bars are allowed in accordance with section 33-3.53.4.5, Sale, dispensing, or consumption of alcoholic beverages.

(3)

Fine and performing arts education (LBCS Function Code 6145). In the FC-1 district, fine and performing arts education are allowed provided:

a.

Class size does not exceed fifteen (15) students; and

b.

No more than two (2) classes are conducted simultaneously.

(d)

Nuisances.

(1)

The owner or operator shall close all doors and windows while a performance or presentation is in progress.

(2)

Unless the parish council issues a special event permit, the production of music is prohibited outside the theater building.

(3)

Litter control. The owner or operator shall, each day, collect all litter and trash originating from the theater and deposited on the site of the theater and public property within two hundred (200) feet of any boundary of the property upon which the theater is located.

(4)

Soundproofing.

a.

The owner or operator shall install soundproofing so that sound from the theater does not exceed sixty (60) dba measured at the property line after 10:00 p.m.

b.

The department of inspection and code enforcement shall approve soundproofing methods.

c.

The Jefferson Parish Sheriff's Office (JPSO) shall take a minimum of three (3) readings at thirty (30) second intervals, and the mean of these readings will determine the actual decibel level. JPSO will take the readings using the A scale of the sound meter on slow response or other methods that JPSO determines will provide equal or greater sound protection for neighboring properties.

(Ord. No. 25411 , § 4, 8-23-17)