§ 40-422. Permitted uses.

In BC-2 Districts only the following uses of property shall be permitted:

(1)

Any existing stand-alone one-, two-, three-, or four-family residential dwelling shall be considered as a conforming use. However, the existing stand alone one-, two-, three-, or four-family residential dwelling shall not be restored if it is destroyed beyond seventy-five (75) percent or more of its value.

(2)

One (1) or more dwelling units are allowed only in the main structure containing nonresidential uses permitted in this district provided the following criteria are met:

a.

Separate ingresses and egresses shall be provided for the residential uses and the nonresidential uses.

b.

In addition to the requirements in Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations, parking spaces for the nonresidential uses and residential uses shall be segregated and clearly defined.

c.

The front, side, and rear yard requirements shall be based on the nonresidential uses on the lot.

d.

No dwelling units are allowed in structures containing nonresidential uses that operate between the hours of midnight and 6:00 a.m. or use, sell, or store hazardous materials as classified in Chapter 13 Fire Prevention and Protection; emergency services and Communication of the Jefferson Parish Code of Ordinances, more particularly Section 13-7(a) entitled classes of hazardous substances.

(3)

Amusement enterprises (indoor), but not to include adult cabarets, massage parlors and pool rooms.

(4)

Animal hospitals and veterinary clinics provided any structure used for housing animals be located a minimum of one hundred (100) feet from any residential district.

(5)

Automobile sales provided any mechanical or body repairs are conducted within a building having no opening other than stationary windows, within one hundred (100) feet of a residential district and that all vehicles for sale on the lot must be in operating condition at all times.

(6)

Bakeries, retail.

(7)

Banks.

(8)

Barber and beauty shops.

(9)

Bars as accessory uses to other uses such as hotels and restaurants or when located in a main structure containing two (2) or more of the following uses: (1) offices, (2) retail, (3) hotels, and (4) theaters; and further provided that such bar does not exceed twenty-five (25) percent of the total floor area of the main structure.

(10)

Car washes with criteria listed in Article XXVIII, General Commercial C-2, section 40-522, Permitted Uses.

(11)

Caterers and delicatessen.

(12)

Clinics, but not to include chemical dependency units.

(13)

Commercial body art facilities.

(14)

Copying service.

(15)

Dry cleaners, laundries and collection and distribution stations.

(16)

Tailor, milliner, alterationist or similar business.

(17)

Filling stations and service stations, provided the following criteria are met:

a.

The station is not within one hundred (100) feet of a residential district;

b.

That no parts or waste material shall be stored outside the building unless an opaque fence a minimum height of seven (7) feet is provided on all sides to completely screen the area from view from public rights-of-way and adjacent properties;

c.

That damaged vehicles awaiting servicing shall be stored in an area enclosed with a solid wood or masonry fence of such height so as to adequately screen the area from public view;

d.

There shall be a front yard having a depth of not less than fifteen (15) feet;

e.

There shall be a minimum five (5) feet landscape strip along all property lines, excluding access ways such as driveways; said landscape strip shall serve as a buffer between adjacent property and shall consist of ground cover planted with shrubs and/or trees.

(18)

Garages, storage and public, provided all repair operations, mechanical and body, are conducted in a building having no opening other than stationary windows, within one hundred (100) feet of a residential district and, provided further, that no parts or waste material shall be stored outside the building, provided further that damaged automobiles and/or other vehicles awaiting repair must be stored in an area enclosed with an opaque wood, brick, or masonry fence with a minimum height of eight (8) feet that completely screens the area from view from rights-of-way and adjacent properties.

(19)

Government structures and land.

(20)

Health and athletic clubs.

(21)

Health care facilities.

(22)

Hospitals. When heliports are proposed as a part of a hospital, they shall be reviewed under the provisions of article XL, special permitted uses.

(23)

Hotels and motels.

a.

Site requirements.

1.

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

2.

Setbacks. Hotels and motels shall be set back from the lot line a minimum of ten (10) feet for each floor of the building where the lot line abuts any of the following One-, Two-, Three-, or Four-Family residential districts: Suburban District (S-1), Single-Family Residential District (R-1A), Suburban Residential District (R-1B), Rural Residential Districts (R-1C and R-1D), Manufactured Home District (R-1 MH), Two-Family Residential District (R-2), Three- and Four-Family Residential District (RR-3), and Townhouses (R-1 TH). The required setback shall not exceed forty (40) feet and where setback provisions set forth in other parts of the Code are in conflict with these regulations, the more restrictive shall apply.

3.

Variances.

A.

Hotels and motels requesting a variance to the landscaping and buffering requirements specified above may apply to the Jefferson Parish Council for a variance in accordance with section 40-480. Site plan review of Article XXVI, Commercial Parkway Overlay Zone.

B.

The parish council and any parish board, commission, department or administrative agency shall not issue a variance to the above setback requirements.

b.

Operational requirements . Hotels and motels shall meet the provisions set forth in Chapter 17.5 Lodging Accommodations of the Jefferson Parish Code of Ordinances.

(24)

Institutions for professional or educational training.

(25)

Multiple-family dwellings comprised of thirty (30) or more units.

(26)

Nightclubs provided the criteria listed below are met. For purposes of this section a nightclub shall refer to any structure or establishment, or part thereof, that provides live entertainment on a regularly scheduled basis, serves alcoholic beverages and offers food prepared on premises in a fully equipped culinary facility.

a.

Entertainment restrictions. Entertainment which features dancers, go-go dancers, exotic dancers, male or female impersonators or similar entertainers shall not be permitted. The applicant shall provide a description of the type of entertainment offered and a different type of entertainment shall require a new application.

b.

Operating restrictions. Nightclubs shall be permitted to operate only during the following hours:

1.

Monday through Thursday: 11:00 a.m.—2:00 a.m.

2.

Friday, Saturday, Sunday and holidays: 11:00 a.m.—3:00 a.m.

3.

No alcohol can be served after 3:00 a.m. In addition, the applicant shall provide two (2) off-duty Jefferson Parish Sheriffs' officers on the premises on Fridays, Saturdays, holidays and for all scheduled live entertainment shows from 10:00 p.m. until closing.

c.

Ingress and egress. Traffic generated by the use shall not be permitted to enter or exit from any portion of the site which is adjacent to or faces a residential district.

d.

Distance requirements. The establishment shall be located at least two hundred (200) feet from any residential district, as measured along the nearest pedestrian walkway or street right-of-way adjacent to the main entrance of the establishment to the nearest residential district line.

e.

Site plan submittal. The applicant shall provide site plans in accordance with the requirements of section 40-426(c) of this section. In addition, the following information shall also be provided:

1.

Land use. Land uses within two hundred (200) feet of the proposed nightclub.

2.

Noise abatement plan. The establishment shall be designed to prevent the intrusion of noise onto adjacent property and to otherwise buffer noise generating areas from the general public in compliance with section 20-102 of the Jefferson Parish Code of Ordinances. In addition, all entrances and exits designed for general use, not to include emergency use only exits, shall not face a residential district. The noise abatement plan shall contain the following minimum information.

i.

The location of all entrance and exit doors;

ii.

The elements of landscaping and building design that will reduce and control noise emissions.

3.

Litter control plan. The applicant shall provide a litter control plan indicating the method(s) to be used to keep the site and surrounding property free of debris generated by the use.

4.

Residential buffer zone. A seven-foot wood, brick or masonry fence, or an opaque landscape barrier consisting of trees, shrubs hedges or similar vegetation, or a combination thereof, shall be provided along the perimeter of the site which is adjacent to or faces a residential district.

f.

Food service requirements. A fully operational culinary facility shall be located on the premises and comprise at least five (5) percent of the floor area of the establishment. Such facility shall contain: dry and refrigerated food storage areas; food preparation area; stove; and hygiene facilities, including toilet, wash basin and hot and cold water, not accessible to the general public.

g.

Council approval. The proposed nightclub shall be approved by the Jefferson Parish Council in accordance with Article XL, Special Permitted Uses. In addition, said use shall be renewed in accordance with section 40-764, renewal of special permitted use.

(27)

Offices.

(28)

Parking garages and parking lots.

(29)

Printing, and publishing with printing, provided the following criteria are met:

a.

Gross floor area shall not exceed ten thousand (10,000) square feet.

b.

The maximum web or sheet size of any printing press shall be under forty (40) inches.

c.

No more than one (1) company vehicle shall be stored on the site.

d.

One (1) loading space shall be provided for each seven thousand five hundred (7,500) square feet or fraction thereof; and if located on a side abutting a residential zoning district or use, the loading space shall be screened by an opaque wood, masonry, or brick fence with a minimum height of seven (7) feet.

e.

All operations shall take place completely within a building.

f.

No outside display or storage of materials shall be allowed.

g.

The use shall comply with the parish noise ordinance and with the parish fire prevention code and parish building code for hazardous material usage and storage.

(30)

Public utility structures. See Article XXXIX, Exceptions and Modifications for additional criteria.

(31)

Publishing without printing.

(32)

Radio and television studios and broadcasting stations.

(33)

Restaurants and cafeterias.

(34)

Retail stores and establishments.

(35)

Retail service and repair establishments provided that all storage and repair is confined within an enclosed structure and that all business vehicles are parked within the building or completely screened from view from public rights-or-way and adjacent properties by a wood, brick, or masonry fence with a minimum height of seven (7) feet.

(36)

Self-storage. Section 33-5.3.16. Self-storage (LBCS Function Code 2660) shall apply.

(37)

Taxi and public transit stands.

(38)

Wholesale display and sale of merchandise (indoor), except warehousing.

(39)

Accessory buildings and uses and warehouses when located on the same lot as a permitted use in this district and provided that materials or articles are not stored in an open area outside the building unless the area is completely screened from view from public rights-of-way and adjacent properties with an opaque wood, masonry, or brick fence with a minimum height of seven (7) feet.

(Ord. No. 20783, § 3(XIII-E(2)), 9-22-99; Ord. No. 21715, § 9, 11-13-02; Ord. No. 22794, §§ 2, 10, 7-19-06; Ord. No. 23330, § XX, 6-11-08; Ord. No. 23954, § 6, 2-2-11; Ord. No. 24112, § III, 9-21-11; Ord. No. 24189, § X, 1-25-12; Ord. No. 24823 , § XIII, 9-17-14; Ord. No. 25405 , § 65, 8-9-17; Ord. No. 25349 , § 8, 5-3-17; Ord. No. 25513 , § 15, 2-21-18; Ord. No. 25562 , § 8, 4-25-18)