§ 40-238. Height regulations.

(a)

Maximum height allowed by right. The maximum height allowed by right is the width of the right-of-way of the street upon which the building or structure fronts. In no case shall the height of any building or structure exceed sixty (60) feet, except as provided in section 40-737 and in this section for multiple-family dwellings.

(b)

Exceptions to the maximum height allowed by right for multiple-family dwellings. Multiple-family dwellings may exceed the maximum height allowed by right in this district if the building meets the following requirements in addition to all other applicable requirements of this district:

(1)

Site plan. Site plan submittal and review shall be conducted in accordance with the following requirements:

a.

Application for site plan review. Requests for multiple-family developments and redevelopment that exceed the maximum height permitted by right in this zoning district shall submit applications for site plan review in accordance with the Application for site plan review procedures set forth in the Mixed Use Corridor District, section 40-449(d), Application for site plan review, except as otherwise stated for fee and recordation requirements.

b.

Fee schedule. Fees for site plan review shall be required in accordance with the site plan review fee schedule located in the BC-2 Business Core District.

c.

Site plan requirements and review criteria. Site plan submittals for multiple-family dwellings that exceed the maximum height of the district shall contain all applicable requirements of section 40-450, Site plan submittal, located in the Mixed Use Corridor District.

d.

Review procedures. Requests for multiple-family developments and redevelopment that exceed the maximum height permitted by right in the district shall be submitted to the Jefferson Parish Planning Department. Upon review of complete site plans, the planning department shall determine the level of site plan review required for the particular project.

1.

Level 1 site plan review. Level 1 site plan review shall apply to all development exceeding the maximum height permitted by right in the district. Once a Level 1 site plan review is determined by the planning department and the planning department determines that the development criteria are fully met, the development proposal shall be submitted to the building permit process through the inspection and code enforcement department.

2.

Level 2 site plan review.

i.

Level 2 site plan review shall apply to all development exceeding the height permitted by right in the district which does not fully meet the development criteria of this article. Once a Level 2 site plan review is determined to be necessary by the planning department because a variance is included in the development proposal, the site plan submittal shall be reviewed by the appropriate parish administrative departments in accordance with the site plan requirements of this section and then submitted with the recommendations of those departments to the parish council for consideration. Approval shall only be by ordinance adopted by the parish council.

ii.

The Jefferson Parish Council may grant variances to the requirements in this section for access, landscaping, project completion time limits and sidewalks and may grant limited variances to requirements in this section for signs and yards. Neither the parish council, nor any parish board, commission, department or administrative agency shall grant a variance to the prohibition against moving, rotating, flashing, blinking, or fluctuating signs or to the requirements for yards that abut a one- to four-family residential district or use. Neither the parish council, nor any parish board, commission, department or administrative agency shall grant a variance to any other development regulation in this section, including but not limited to the maximum height requirement.

iii.

Variances to the development requirements of this section shall be approved by the Jefferson Parish Council in accordance with the procedures set forth in Article XLVIII, Changes and Amendments, provided the following criteria are met:

A.

The variance is consistent with the general provisions and intent of the zoning district.

B.

The variance is harmonious and compatible with adjacent land uses.

C.

Special conditions and circumstances exist peculiar to land, structures or buildings which are not applicable to other land, structures or buildings in the same district and which a site related hardship can be demonstrated.

e.

Recordation of approved site plan.

1.

Level 1 recordation. The applicant shall submit at least four (4) final original site plans to the planning department. Final approval of the site plan, as indicated by the dated signature of the planning department director, shall be withheld until the requested number of site plans has been received by the planning department. Within thirty (30) calendar days of final approval, the planning department shall submit an original site plan to the clerk of court for recordation. The recorded site plan shall thereafter be binding upon the applicants, their heirs, successors, and assigns; shall limit and control the issuance and validity of permits and certificates; and shall restrict and limit the use and operation of all land and structures within the area designated in the site plan and approval thereof. An original of the site plan stamped by the clerk of court indicating the recordation shall be retained by the planning department and by the department of inspection and code enforcement.

2.

Level 2 recordation. The applicant shall submit to the planning department at least five (5) original site plans of the project as approved by the Jefferson Parish Council. After certification by the planning director that the submitted plans conform to the approval of the council, as indicated by the dated signature of the planning director, the planning department shall submit four (4) of the certified site plans to the clerk of council who shall submit the site plans to the clerk of court for recordation with the council ordinance which approved the project within sixty (60) calendar days of the effective date of the ordinance or certification by the planning director that the site plans conform to the approval of the council, whichever is later. The recorded site plan shall thereafter be binding upon the applicants, their heirs, successors, and assigns; shall limit and control the issuance and validity of permits and certificates; and shall restrict and limit the use and operation of all land and structures within the area designated in the site plan and approval thereof. An original of the recorded site plan stamped by the clerk of court indicating the recordation shall be retained by the clerk of council, the planning department, and the department of inspection and code enforcement.

f.

Phasing requirements.

1.

Multiphase development. The development may be developed in phases provided that the development meets the following criteria:

i.

Necessary off-site improvements shall be completed first.

ii.

Each phase can function and can be utilized independently of subsequent phases.

iii.

At the time of application, the applicant submits a phasing schedule containing:

A.

The number of phases in which the development will be built.

B.

The dates when construction of each phase will begin and be completed. For the purposes of this article and references thereto, the "beginning or initiation of construction" of a development shall be the date on which a building permit is issued for the development or phase of the development and the completion of a development shall be the date on which a certificate of use and occupancy (temporary or regular) is issued for the development or phase of a development.

C.

The infrastructure and on-site improvements to be included in each phase.

2.

Single phase development. If no phasing schedule is provided at the time of the application, the applicant shall complete the development as a single phase including all on-site improvements as required by this Code and as delineated in the site plan submittal.

g.

Time limitations.

1.

Multiphase development. The applicant shall apply for and receive a building permit for at least one (1) phase of a multiple-phase development within one (1) year of site plan approval. The applicant shall have a maximum of five (5) years from the date the building permit is issued to complete all phases of the development unless the parish council or planning director approves an extension for the development.

2.

Single phase development. The applicant shall apply for and receive a building permit within one (1) year of site plan approval. The applicant shall have a maximum of two (2) years from the date the building permit is issued to complete the development unless the parish council or planning director approves an extension for the development.

3.

Failure to meet time limitations. Approval shall be vacated and site plan approval shall become null and void if a building permit has not been issued for single phase and multiphase development within the time limits prescribed above, including any extension(s), and no request for extension is pending. No building permits shall be issued for site plans that have been declared null and void. Nevertheless, such site plans may be submitted as a new application for review, and must conform to all site plan and review requirements in effect at the time of the later application.

h.

Extensions.

1.

Standards for extension. Upon a finding that unforeseen circumstances prevented completion within the approved time limitation, the planning department director may grant an extension for a period not to exceed six (6) months. If the planning director denies a request for an extension, the applicant may appeal the decision to the parish council. The parish council may grant extensions for periods greater than six (6) months subject to the following provisions:

i.

Single phase development. An extension for a single phase development may be granted by council resolution and shall not exceed a period of three (3) years.

ii.

Multiphase development. An extension for a multiphase development shall be granted by ordinance for a period at the discretion of the council. If the council approves an extension the applicant shall submit a revised phasing schedule to the planning department for approval by the planning director.

2.

Requests for extension. The applicant shall request an extension for the beginning of construction or completion of construction. The request, including information which explains the need for an extension, shall be made in writing to the planning director and must be received by the planning department within the original term to complete the development. Requests that require council action shall be processed in accordance with the procedures in Article XLVIII Changes and Amendments. The recommendations to the parish council for extension shall be based on a finding from the planning department and the planning advisory board that unforeseen circumstances prevented completion within the approved time limitation.

(2)

Maximum height. The height of multiple-family dwellings shall not exceed a height equal to one and one-half (1.5) times the width of the right-of-way of the street upon which the building fronts, up to a maximum height of ninety (90) feet.

(3)

Bulk plane. A building exceeding the maximum height allowed by right in this district shall use bulk planes on the front, side, and rear façades. The bulk planes shall begin at a horizontal line located directly above the line(s) created by the setback, at a height equal to the maximum height permitted by right, rising over the lot upward at a forty-five-degree angle equal to a pitch or slope of (1) foot of vertical distance for each (1) foot of horizontal distance. See Figure 40.238.1, Bulk plane (1:1). No structure or portion of any structure shall be permitted to protrude through any bulk plane. Residential buildings permitted to exceed the maximum height allowed by right in this district shall not be required to meet the area regulations of section 40-239(b)(2)(b).

(4)

Yards. There shall be front, side and rear yards each having a minimum depth of twenty (20) feet, landscaped in accordance with the requirements of this section.

(5)

Location. The development site shall front only on a collector street or a major or minor arterial. Exempt from this requirement are those properties located in the area identified in Figure ES-1 of the Metairie CBD Land Use and Transportation Plan as adopted by Ordinance No. 21987 on September 17, 2003 and also identified as the area bounded on the north by west Esplanade Avenue and the Lake Pontchartrain lakefront, on the east by Metairie Lawn Drive, Tolmas Drive, and Ridgelake Drive, on the west by North Hullen Street, and Division Street, and on the south by West Napoleon Avenue.

(6)

Frontage. In a multi-frontage development site, for purposes of this section and in accordance with the relevant provisions in this section, any frontage that permits a height greater than the maximum height allowed by right shall qualify the building(s) on that site to be of a height greater than the maximum height allowed by right. Notwithstanding any other provisions in this Code regarding required yards for corner lots and through lots, the only required front yard for all other purposes related to such a development site shall be located on the frontage that permits a height that exceeds the maximum height allowed by right.

(7)

Access. Primary access to the development site shall be provided only from a collector street, or a major, or minor arterial; however, secondary access from a local street or neighborhood collector shall be permitted if the access point is not located across from any of the following one-, two-, three-, or four-family residential zoning districts: 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), Townhouses (R1TH), and is located within two hundred (200) feet of the street providing primary access to the development 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. Exempt from this requirement are those properties located in the area identified in Figure ES-1 of the Metairie CBD Land Use and Transportation Plan as adopted by Ordinance No. 21987 on September 17, 2003 and also identified as the area bounded on the north by west Esplanade Avenue and the Lake Pontchartrain lakefront, on the east by Metairie Lawn Drive, Tolmas Drive, and Ridgelake Drive, on the west by North Hullen Street, and Division Street, and on the south by West Napoleon Avenue.

(8)

Traffic impact analysis and adequate public facilities. To ensure adequate transportation access and to minimize impacts on the transportation network, the applicant shall provide to the parish: 1) a traffic impact analysis for any development comprised of thirty (30) or more units or any development that meets the threshold requirements in accordance with parish policy in effect at the time of application; and 2) any improvements reasonably necessary to meet the needs of the development which are clearly and substantially related to the development. The parish shall be the final arbiter of which improvements are reasonably necessary to meet the needs of the development. The development 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.

(9)

Public works impact analysis and adequate public facilities. To ensure adequate public infrastructure and to minimize impacts on the public works systems, the applicant shall provide to the parish a public works impact analysis for the development and shall provide any improvements reasonably necessary to meet the needs of the development which are clearly and substantially related to the development. The parish shall be the final arbiter of which infrastructure improvements are reasonably necessary to meet the needs of the development. The development shall not be approved unless and until adequate public facilities exist or provision has been made for the following essential public facilities, in accordance with the threshold or service level requirements of parish policy in effect at the time of application: water, sewerage, drainage, streets, fire protection and any other provisions for public facilities as determined by the parish.

(10)

Levee impact. Federal, state, and parish agencies regulate the type and location of improvements for flood and hurricane protection and work within various distances from the river, lakes, levees, and floodwalls in the parish. To avoid adverse impacts on the flood and hurricane protection systems and to ensure continuous and uninterrupted access for maintenance and monitoring, the applicant shall obtain all permits or other types of authorizations required by the U.S. Army Corps of Engineers ("the Corps"), the appropriate state agencies including the appropriate Levee District(s), and Jefferson Parish in accordance with the regulations of these agencies for any project proposed within the areas regulated by such agencies.

(11)

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

(12)

Lighting. The maximum height for any light fixture is forty (40) feet, except on the side or sides of a development abutting a one- to four-family residential district, in which case the maximum height of twenty-five (25) feet shall be allowed. All light structures shall be shaded or hooded and oriented inward so as to prevent intrusion into surrounding areas.

(13)

Signs. Signs shall conform to section 40-448, Sign regulations, of the Mixed Use Corridor District MUCD or the sign regulations of this district, whichever is more restrictive.

(14)

Parking. Parking shall be provided as set forth in Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations.

(15)

Service bays and drives . To mitigate the negative effect of service areas such as noise, odor, refuse, and visual pollution, the following criteria shall apply:

a.

Service bays, service drives, and trash receptacle and dumpster areas shall not be located on any side of the development abutting one-, two-, three-, or four-family residential zoning districts: 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), or Townhouses (R1TH). In such cases where this is not possible, an additional five (5)-foot landscaping and buffer strip shall be required in addition to the yard requirements for development that exceeds the height allowed by right in this district.

b.

Service bays and drives and trash receptacle and dumpster areas shall be oriented in such a way that in the process of loading and unloading, no vehicle will block the passage of other vehicles on the service drive or extend into any other public or private street.

c.

All service bays, loading and unloading areas, trash receptacles and dumpster areas must be screened on all sides by a wood, brick, or masonry fence with a minimum height of seven (7) feet.

(16)

Sidewalks. Continuous sidewalks connecting any existing sidewalks shall be provided along public rights-of-way.

(17)

Fire department vehicle access, water supply, and communications. To provide access for emergency fire suppression response vehicles and to ensure adequate water supply the following criteria shall be met in addition to the currently adopted National Fire Code, International Building Code, and Life Safety Code standards. The Jefferson Parish Fire Department shall review the submitted site plan for compliance with all applicable fire regulations.

a.

Access. The following minimum criteria for emergency fire suppression response vehicle access shall be required:

1.

Two (2) hard-surfaced fire vehicle access roads with twenty-foot minimum width for one-way traffic and twenty-four-foot minimum width for two-way traffic installed on two (2) adjoining sides of all buildings that exceed the height permitted by right, located at a minimum distance of ten (10) feet from the building and a maximum distance of thirty (30) feet from the building as measured from the nearest exterior building wall to the edge of roadway nearest to the building wall

2.

Fire vehicle access roads shall be located so that at least seventy-five (75) percent of the two (2) adjoining sides of the building that exceeds the height permitted by right are accessible from the road

3.

All fire vehicle access roads shall be connected to and accessible from the main vehicle entrance to the development site

4.

A parking lot drive aisle shall be considered part of a fire vehicle access road if it meets all required criteria.

5.

A street shall be considered a fire vehicle access road if it meets all required criteria.

b.

Water supply. The following minimum criteria for adequate water supply shall be required:

1.

Two (2) fire hydrants capable of supplying not less than twenty-five hundred (2,500) gallons per minute (gpm) of water located within fifty (50) feet of all buildings that exceed the height permitted by right, and

2.

Additional fire hydrants capable of supplying not less than twenty-five hundred (2,500) gallons per minute (gpm) of water shall be located so that all portions of the exterior walls of all buildings that exceed the height permitted by right are no more than four hundred (400) feet from any fire hydrant.

c.

Communications. The following minimum criteria for adequate emergency fire communications shall be required:

1.

A radio repeater shall be required for buildings that exceed one hundred (100) feet in height.

2.

Multiple radio repeaters shall be required for buildings that exceed two hundred (200) feet in height.

(Ord. No. 20783, § 3(X(3)), 9-22-99; Ord. No. 22794, § 3, 7-19-06; Ord. No. 23330, § VI, 6-11-08; Ord. No. 23292, § 7, 5-7-08; Ord. No. 24823 , § IX, 9-17-14; Ord. No. 25405 , § 50, 8-9-17)