§ 40-423. Height regulations.

(a)

Maximum height allowed by right. The maximum height allowed by right is sixty-five (65) feet.

(b)

Exceptions to the maximum height allowed by right. A building or structure may exceed sixty-five (65) feet in height provided the following criteria, and additional or more restrictive criteria of section 40-737(4), are met:

(1)

Proximity to residential districts. To encourage compatibility with adjacent residential developments, the following shall apply:

a.

Buildings or structures greater than sixty-five (65) feet in height shall be located in their entirety a minimum distance measured, without regard to intervening structures, from the nearest lot line of the nearest one-, two-, three-, or four-family residential zoning district including any of the following 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), to the nearest exterior structural wall of the building to the one-, two-, three-, or four-family residential zoning district and equal to the maximum height of the entire building or structure up to two hundred (200) feet. See Figure 40-423.1, Building height based on proximity to residential zoning districts.

b.

The above requirement shall not apply to buildings or structures located in their entirety more than two hundred (200) feet from any of the above-mentioned one-, two-, three-, or four-family residential zoning districts as measured, without regard to intervening structures, from the nearest lot line of the nearest one-, two-, three-, or four-family residential zoning district to the nearest exterior structural wall of the building or structure to the one-, two-, three-, or four-family residential zoning district. See Figure 40-423.2, Building height unlimited.

(2)

Design standards. A building or structure exceeding sixty-five (65) feet in height shall comply with the following design standards:

a.

Setbacks.

1.

Front yard. No front yard is required.

2.

Side yard. No side yard is required except on the side of a lot abutting a one- to four-family residential district there shall be a side yard having a minimum width of twenty (20) feet.

3.

Rear yard. No rear yard is required except on the rear of a lot abutting a one- to four-family residential district there shall be a rear yard having a minimum depth of twenty (20) feet.

4.

Developments that do not abut a one-, two-, three-, or four-family residential zoning district shall comply with the setback and lot area regulations of this district.

b.

Lot area.

1.

Each lot shall have a minimum lot width of fifty (50) feet and a minimum lot depth of one hundred (100) feet and contain five thousand (5,000) square feet of lot area.

2.

When a lot is improved for a stand-alone residential use, or when living facilities are erected above or in connection with other uses, the lot area per family shall be the same as those in the R-3 Multiple Family Residential District.

c.

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 generally 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.

d.

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.

e.

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.

f.

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 arbitor of which 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.

g.

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.

h.

Transportation networks.

1.

Adequate ingress, egress and internal circulation shall be provided to accommodate vehicular and pedestrian traffic, including walks, driveways, service bays and driveways, and off-street loading areas.

2.

Parking spaces shall be oriented so that no vehicle is able to back directly into a public right-of-way.

3.

All areas subject to vehicular traffic, including access ways, service bays and drives, loading and unloading areas shall be paved with hard, all-weather material.

4.

Pedestrian and vehicular traffic shall be separated with landscaped space.

5.

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

6.

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.

i.

Service bays and drives.

1.

Service bays, service drives, and trash receptacle and dumpster areas shall not be located on any side of the development abutting 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), or Townhouses (R1TH). In such cases where this is not possible, an additional five-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.

2.

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.

3.

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

j.

Curbs and curb cuts. All curbs on street frontage shall be vertical curbs. No roll-over curbs shall be permitted in the proposed Business Core District-BC-2 site plan.

k.

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.

l.

Landscaping.

1.

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

2.

No parking or paving shall be permitted within the required front yard setback, with the exception of the driveway curb cut necessary for ingress and egress to the parking area.

3.

In accordance with section 40-665, clear vision area regulations, access way and street intersection sight triangles shall be maintained.

m.

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

n.

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.

1.

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

i.

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

ii.

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

iii.

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

iv.

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

v.

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

2.

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

i.

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

ii.

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.

3.

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

i.

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

ii.

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

(3)

Site plan review. A building or structure that exceeds sixty-five (65) feet in height shall be subject to site plan review in accordance with the following requirements:

a.

Review procedures. Application for development that exceeds sixty-five (65) feet in height shall be submitted to the Jefferson Parish Planning Department on a form approved by the planning director. 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 that fully complies with the requirements of this article. Once the planning department has determined that a Level 1 site plan review applies, 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.

b.

Submittal requirements. The planning department shall consider an application complete when it contains the following information:

1.

Proposal ownership.

i.

A letter of transmittal shall be submitted describing in detail the proposed development.

ii.

A notarized affidavit verifying the applicant's name, address and interest in the application, and the name, address and interest of every person, firm or corporation represented by the applicant in the application; the concurrence of the owner or owners of the entire land are included in the proposed plan and all encumbrances of such land; and sufficient evidence to establish that the applicants are all the owners and encumbrances of the designated area and have the ability to do so.

iii.

A notarized affidavit in accordance with Chapter 2 of this Code regarding campaign contributor disclosure for land use action.

2.

Development plans. Twenty (20) copies of the site plan shall be submitted including but not limited to the following information:

i.

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

ii.

Existing property boundaries, adjoining street right-of-way, buildings and any important physical features on and adjoining the property. Distance from closest one-, two-, three-, or four-family residential zoning district.

iii.

Location and dimensions of all existing and proposed streets, driveways, entrances and exits, parking spaces, service bays and loading areas, and sidewalks, with proposed traffic circulation patterns.

iv.

Location, height and elevations of all structures to be located on the site showing setback dimensions, use and type of materials, and bulk planes if applicable.

3.

Ordinances and legal attachments. An ordinance and all other legal attachments relative to the proposed development are required at the time of application in the format specified by the Jefferson Parish Clerk of Council.

4.

Fee schedule. Upon submission of an application the applicant shall deposit with the Planning Department a fee in the sum of five hundred dollars ($500.00) for zero to one (1) acre and four hundred dollars ($400.00) for each acre thereafter or portion thereof not to exceed twenty-five thousand dollars ($25,000.00) to cover approximate cost of processing such application.

5.

Registration of approved site plan.

i.

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.

ii.

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.

6.

Minor changes in approved site plan.

i.

Minor changes needed to facilitate construction and site improvements are permitted, if such minor changes will not change the character of the approved development, nor increase the density, gross floor area, intensity of use, or ground coverage. Further no increase of total building site area, in spaces between buildings, the ratio of off-street parking and off-street loading area to gross floor area, or gross floor area shall be considered. No change shall be deemed minor to the approved site plan that alters the approved permitted uses.

ii.

The planning director shall review and determine what constitutes a minor or major change for the approved site plan and be responsible for making minor changes to the site plan, if the request is approved. Appeals of said decision by the planning director shall be forwarded to the planning director concerning said minor change. Otherwise, an amendment to the site plan shall be required, in accordance with procedures delineated in section 40-426(g), Amendment or Withdrawal of a Business Core District-BC-2 Site Plan, of this section.

7.

Amendment or withdrawal. Pursuant to the same procedure and subject to the same limitations and requirements by which the site plan was approved and registered, any Business Core District-BC-2 site plan may be amended or withdrawn, either partially or completely, if all remaining features of the site plan including land and structures comply with all conditions and limitations of the Business Core District-BC-2.

8.

Phasing requirements.

i.

Multiphase development. Developments within the Business Core District-BC-2 may be developed in phases, provided that the development meets the following criteria:

A.

Developments that do not contain residential uses shall complete the more restrictive land uses and the necessary off-site improvements first. Developments containing a mix of non-residential and residential uses shall complete the non-residential uses and all necessary off-site improvements first. Developments containing only residential uses shall complete the necessary off-site improvements first.

B.

At the time of application, the applicant submits 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.

At the time of application, the applicant submits a phasing schedule including the number of phases in which the development will be built, the dates when construction of each phase will begin and end, and the infrastructure and on-site improvements to be included in each phase.

ii.

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.

9.

Time limitations.

i.

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.

ii.

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.

iii.

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.

10.

Extensions.

i.

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:

A.

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.

B.

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 grants an extension the applicant shall submit a revised phasing schedule to the planning department for approval by the planning director.

ii.

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.

11.

Appeal. Regulations, requirements, or standards outlined in the Business Core District-BC-2, Special Permitted Use Section, are not subject to appeal to the Board of Zoning Adjustments.

12.

Title restrictions. Title restrictions shall be recorded with the Clerk of Court in favor of the Parish of Jefferson restricting the use of the property to that approved by the Jefferson Parish Council in accordance with the provisions of this section.

13.

Codes. Development within a Business Core District-BC-2 shall meet all federal, state and local fire, safety and building codes, and all other applicable codes.

(Ord. No. 20783, § 3(XIII-E(3)), 9-22-99; Ord. No. 22794, § 10, 7-19-06; Ord. No. 23330, § XXI, 6-11-08; Ord. No. 23292, § 19, 5-7-08; Ord. No. 24003, § IV, 5-11-11; Ord. No. 25405 , § 66, 8-9-17)