§ 40-442. Definitions and district composition.

(a)

Definitions. For the purpose of this article, certain words and terms are hereby defined:

Support building(s) or structure(s) shall mean any building or structure that is not the principal building and is accessory to the operation of the principal use, including but not limited to: cooler units for restaurants, warehouses or storage sheds or units, gas pumps and vacuum stations at gas stations, playground equipment for multiple-family dwellings or fast food restaurants, detached restrooms or detached automatic teller machines (ATM). Self-supporting canopies covering such structures shall not be included for purposes of regulation.

Vehicular use area shall mean land upon which vehicles traverse and all areas used for the display or parking of any and all types of vehicles, boats or heavy construction equipment, whether such boats or equipment are self-propelled or not, and land upon which vehicles traverse the property as a function of the principal use.

(b)

Permitted uses.

(1)

Permitted uses allowed in the following zoning districts may be combined to create a unified development within the Mixed Use Corridor District, provided that all of the regulations of the Mixed Use Corridor District and all other Parish codes are met:

a.

General Office District (GO-1), General Office District (GO-2), except single-family and two-family dwellings.

b.

Neighborhood Commercial District (C-1).

c.

General Commercial District (C-2).

d.

Medical Services District (H-1), except any use permitted in an R-1 Single-Family District.

e.

Medical Services District (H-2), except any use other than multiple-family dwellings permitted in an R-3 Multiple-Family Residential District as regulated in this district.

f.

Office Warehouse District (OW-1)

(2)

Multiple-family residential dwellings contained in single-use structures, excluding townhouses, may be developed and integrated with other permitted uses in the Mixed Use Corridor District as a single development site provided that the following criteria are met:

a.

The minimum development site area shall be five (5) acres.

b.

The separate multiple-family residential uses shall not comprise over fifty (50) percent of the development site area.

c.

The multiple-family residential dwellings shall have a minimum total of fifty (50) dwelling units with each multiple-family dwelling designed for or occupied by five (5) or more families as specified in section 40-3.

d.

The uses shall be oriented on the development site in such a manner that the non-residential use shall not be exclusively accessed through the residential use and the residential use shall not be exclusively accessed through the non-residential use.

e.

To buffer the separate multiple-family dwellings from other permitted uses, the setback requirements and the landscape and buffer standards of this district shall be applied separately to the residential portion and the non-residential portion of the development site in a similar manner as if the uses are situated on separate lots of record.

1.

Where the residential portion of a mixed use development does not abut a lot line, the boundary of that development site shall be designated on the site plan and shall include all structures, parking, and required perimeter landscaping within said site.

2.

For the residential portion of a mixed use development site whose main entrance faces the interior of the site, the area extending from the main entrance shall be landscaped as the front yard.

3.

For the residential portion of a mixed use development site whose main entrance faces the interior of the site and has frontage on a Mixed Use Corridor, both the area extending from the main entrance and the area abutting the corridor shall be landscaped as front yards.

f.

The mixed-use development comprised of multiple-family residential dwellings that do not exceed the height permitted by right in this district and commercial uses in separate structures shall require approval from the Jefferson Parish Council as specified in the site plan review section of this article.

(3)

Residential dwelling units shall be permitted in the main structure containing non-residential uses provided the following criteria are met:

a.

The residential dwelling units shall be located in the main structure containing non-residential uses permitted in the GO-1 General Office District, GO-2 General Office District, and C-1 Neighborhood Commercial District.

b.

Separate ingresses and egresses shall be provided for the residential dwelling units and the non-residential use.

c.

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

d.

The front, side, and rear yard requirements shall be based on the non-residential use contained on the lot. Structures that are permitted to exceed the height allowed by right in the district shall meet the front, side, and rear yard requirements specific to structures that exceed the height allowed by right in the district.

e.

Residential dwelling units shall not be permitted in structures containing non-residential 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.

f.

Residential dwelling units shall require approval from the Jefferson Parish Council as specified in the site plan review section of this article.

g.

Non-residential uses permitted in this article shall comprise a minimum of fifty (50) percent of the ground floor of the structure. For the purpose of this provision, uses or areas accessory to the dwelling units exclusively for the use of the residents of the dwellings and located in the structure, such as lobby, management office, mail or laundry room, multipurpose room, health club, or parking shall be considered as residential uses.

h.

At least one (1) main entrance shall provide direct public access to the ground floor non-residential development.

(4)

Site plan review in various levels shall be required for developments with mixed permitted uses, in accordance with section 40-442(e), Site Plan Review.

(c)

Reclassification.

(1)

Property shall be eligible for reclassification to a Mixed Use Corridor District by individual petition if a minimum site area contains ten thousand (10,000) square feet or greater and has a minimum width of seventy-five (75) feet and a minimum depth of one hundred (100) feet.

(2)

Property zoned Single-Family Residential District (R-1A), Suburban Residential District (R-1B), Rural Residential District (R-1C), Rural Residential District (R-1D), or Two-Family Residential District (R-2) shall not be permitted to be reclassified to a Mixed Use Corridor District unless the following conditions are met:

a.

The subject property is located on a major or minor arterial, or collector street as defined in the Jefferson Parish Thoroughfare Plan;

b.

The subject property is located in an area of mixed or largely commercial development;

c.

The subject property is not located within a residential neighborhood and completely surrounded by single-family and two-family zoning districts or development.

(d)

Group development and outparcels. Section 33-5.22. Group development of this Code shall apply.

(e)

Site plan review.

(1)

Development in the Mixed Use Corridor District that contains any of the uses listed in subsection (b), Permitted Uses, shall require one (1) of two (2) levels of site plan review:

a.

Level 1 Site Plan Review shall apply to non-residential developments which fully meet the Mixed Corridor District regulations. Once a Level 1 site plan review is determined, the development proposal shall be required to submit to the building permit process through the Department of Inspection and Code Enforcement.

b.

Level 2 site plan review shall apply to all mixed-use developments containing residential dwellings as well as non-residential developments which do not fully meet the Mixed Use Corridor District regulations and request a variance. Such development shall be required to undergo site plan review through the planning department via development review procedures delineated in section 40-449. Public hearings on the development proposal shall be held by the planning advisory board and the Jefferson Parish Council. Variances in the Mixed Use Corridor District regulations shall be approved by the Jefferson Parish Council, upon recommendation by the planning department and the planning advisory board, provided the following criteria are met:

1.

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

2.

The variance is harmonious and compatible with adjacent land uses.

3.

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.

4.

Additional requirements to variances for multiple-family developments that exceed the height allowed by right in this district:

i.

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.

ii.

Approval shall be only by ordinance adopted by the parish council.

5.

The Jefferson Parish Council shall not grant a variance or exception to the off-premises sign regulations for the Mixed Use Corridor District.

6.

For electronic variable message (EVM) signs, the Jefferson Parish Council may grant a variance or exception only in the following instances:

i.

A variance or exception for the EVM sign's height may be granted by the parish council when:

A.

The need for the variance was not created by the applicant; and

B.

The variance is the minimum amount needed to relieve a hardship that is unique to the property.

ii.

A variance or exception to allow one (1) attached EVM sign in place of a detached EVM sign subject to the additional conditions and restrictions listed in section 40-792 of this chapter.

(2)

The two (2) levels of site plan review delineated herein shall apply to all new development and existing development with change of use, major additions, or renovations meeting criteria in section 40-449(b).

(3)

Development review procedures for each of the levels of site plan review are specified in section 40-449, Development Review Procedures in the Mixed Use Corridor District.

(f)

Other elements of the Mixed Use Corridor District. Other elements of the Mixed Use Corridor District include area regulations, parking requirements, landscape, buffer and general design standards, and sign regulations, as specified in sections 40-444, 40-445, 40-446, 40-447, and 40-448, respectively, and apply to development with any of the permitted uses or combination thereof listed in section 40-442(b).

(Ord. No. 20783, § 3(XIII-F(2)), 9-22-99; Ord. No. 21388, § 1, 9-26-01; Ord. No. 21715, § 12, 11-13-02; Ord. No. 22010, §§ 2—8, 10-8-03; Ord. No. 22670, § 9, 1-11-06; Ord. No. 22794, § 11, 7-19-06; Ord. No. 23330, § XXII, 6-11-08; Ord. No. 23292, § 21, 5-7-08; Ord. No. 23663, § 1, 10-14-09; Ord. No. 23938, § 2, 1-12-11; Ord. No. 24364, § XXXIV, 11-7-12; Ord. No. 25405 , § 67, 8-9-17; Ord. No. 25480 , § 17, 1-10-18)