§ 40-443. Height regulations.

(a)

Maximum height allowed by right. The maximum height allowed by right is sixty-five (65) feet except as provided for in section 40-737 and in this section with respect to multiple-family dwellings.

(b)

Height requirements when abutting residential development.

(1)

To encourage compatibility with surrounding land uses, buildings shall use bulk plane(s) only on façade(s) facing an abutting single-family or two-family residential zoning district. To match the maximum thirty-five (35) foot maximum height allowed by right in single-family and two-family residential zoning districts the bulk plane(s) shall begin at a horizontal line located directly above the line(s) created by the setbacks at a height of thirty-five (35) feet, rising over the lot upward at a 45-degree angle equal to a pitch or slope of one (1) foot of vertical distance for each one (1) foot of horizontal distance. See Figure 40-443.1.

(2)

To encourage compatibility with surrounding land uses, buildings on lots that abut single-family or two-family residential zoning districts and do not meet the requirements of section 40-443(b)(1) listed above shall increase only the yard(s) abutting any single-family or two-family residential zoning district. In addition to the minimum yard requirement of this district, the abutting yard shall be increased by locating the entire building a minimum horizontal distance measured from the lot line abutting the single-family or two-family residential zoning district to the base of the building and equal to two (2) times the vertical distance the building exceeds thirty-five feet in height. See Figure 40-443.2.

(c)

Exceptions to the maximum height allowed by right for multiple-family dwellings. Multiple-family dwellings composed of fifty (50) or more units 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 site plan review requirements of this district.

(2)

Proximity to residential districts. See Figure 40-423.1, Building height based on proximity to residential zoning districts, and Figure 40-423.2, Building height unlimited. To encourage compatibility with adjacent residential developments, the following shall apply:

a.

Buildings 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 up to two hundred (200) feet.

b.

The above requirement shall not apply to buildings 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 to the one-, two-, three-, or four-family residential zoning district.

(3)

Yards. Yards that abut 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) shall have a depth of twenty (20) feet, landscaped in accordance with the requirements of this section. Yards for developments that do not abut the above listed one-, two-, three-, or four-family residential zoning district shall comply with the yard area requirements of this zoning district.

(4)

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.

(5)

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.

(6)

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 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.

(7)

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.

(8)

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 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.

(9)

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.

(10)

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

(11)

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.

(12)

Signs. Signs shall conform to section 40-448, Sign regulations, of this district. Signage for each ground-floor commercial use that is shall be permitted in accordance with the regulations of this district.

(13)

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

(14)

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, trash receptacle and dumpster areas, and support structures shall not be located on any side of the development abutting the following 1-, 2-, 3-, or 4-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.

d.

All dumpster areas shall comply with the requirements of chapter 16 garbage and other solid waste, section 16-4(d) bulk waste containers. In situations where the regulations of that chapter and the regulations of this article are in conflict, the more restrictive shall apply.

(15)

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

(16)

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 provided it meets all required criteria.

5.

A street shall be considered a fire vehicle access road provided 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.

(17)

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

a.

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

b.

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

(Ord. No. 20783, § 3(XIII-F(3)), 9-22-99; Ord. No. 22794, § 11, 7-19-06; Ord. No. 23330, § XXIII, 6-11-08; Ord. No. 23292, § 22, 5-7-08; Ord. No. 23663, § 1, 10-14-09; Ord. No. 24823 , § XIV, 9-17-14; Ord. No. 25405 , § 68, 8-9-17)