§ 40-479. Compliance with Commercial Parkway Overlay Zone (CPZ).

(a)

Generally. Except as provided for existing development, administrative site plan review shall apply to development which fully meets the requirements of the CPZ and the underlying zoning district pursuant to section 40-479(b)(3), Space limitations of existing structures and does not have any outstanding code enforcement violations. Site plan review with public hearings before the parish council and planning advisory board in accordance with section 40-480, Site plan review is required for development that does not comply with the requirements of the CPZ and the underlying zoning district.

(b)

Existing development.

(1)

Conditions for compliance. Development and structures existing prior to adoption of the CPZ shall comply with CPZ requirements when any of the following conditions are met:

a.

Change of permitted use. Structures utilized by a single business which are not a part of a development with multiple land uses such as a shopping center, and which structures were in existence prior to the adoption of the CPZ, shall comply with the CPZ requirements upon change of permitted use that would require an increase in the number of parking and loading spaces needed to service the structure.

b.

Additions. Any additions to developments or structures, including construction of parking lots, that add fifty (50) percent or more to the size of the original development shall comply with the CPZ requirements.

c.

Renovations. Developments and structures existing at the time of CPZ designation shall comply with CPZ requirements when (1) renovation of any structure involves a change in the user and use of the area involved in the renovation and (2) renovation expenses in any twelve-month period exceed fifty (50) percent of the fair market value of the existing improvements in the development as shown by the most recent tax assessment, which tax assessment information shall be provided by the applicant in affidavit form. A change in the entity that is the user shall not be considered a change of user when there is no material change between the owners of the prior and new user entities.

(2)

Support buildings and structures. New support buildings or structures or the relocation on the same development site of existing support buildings or structures shall, in accordance with subsections (b)(3) and (4) hereof, comply with all CPZ requirements for support buildings and structures.

(3)

Space limitations of existing structures. When a condition for compliance applies, an existing development or structure shall comply with CPZ requirements to the maximum extent practicable subject to space limitations of existing structures and improvements in accordance with the general intent of the landscaping and buffer provisions of the CPZ. Removal of an existing structure, improvement, or required legal off-street parking space will not be required in order to comply with CPZ requirements.

(4)

Development for structures with multiple land uses and occupants. When any portion of a development or structure with multiple land uses such as a shopping center, meets any of the conditions delineated in subsection (b)(1)b. or c., a comprehensive plan shall be required to bring the site into compliance with the CPZ requirements. The site shall be required to come into compliance with the CPZ requirements in proportion to the cost of the renovation or additions in gross floor area to the existing development. The plan shall show the improvement that could be made to bring the developer into compliance with CPZ considering space limitations, the cost of each of those improvements and shall list the improvements to be made. The cost of the improvements to be made shall equal or exceed the cost of the renovation or addition to the existing development.

(5)

Development approval. The planning director may approve a site plan for an existing development that complies with CPZ requirements to the maximum extent practicable. A feature of the plan that fails to meet to the maximum extent practicable, or any new structure or improvement that fails to fully meet the CPZ requirements shall be subject to the procedures for site plan review with variances.

(c)

New development. Administrative site plan review shall apply to developments which fully meet the CPZ requirements and the requirements of the underlying zoning district and do not have any outstanding code enforcement violations. Site plan review with public hearings before the parish council and planning advisory board in accordance with section 40-480, Site plan review is required for developments not meeting CPZ requirements. New developments within the CPZ shall fully comply with all regulations specified in this section.

(d)

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

(e)

Off-site improvements. The required off-site sidewalks, driveways, curb cuts and landscaping must be shown on all applications for permits and final building inspection shall not be released until such off-site improvements are installed or a contract and performance bond is provided for the value of such off-site improvements. If the final building inspection is released pursuant to a contract and performance bond such off-site improvements shall be installed within sixty (60) days subject to an additional sixty-day administrative extension.

(f)

Use of public right-of-way. Public right-of-way may be used to meet streetscape landscaping requirements, to locate vehicular display or parking that is not required off-street parking, to locate directional signs or a monument sign in lieu of an on-premises detached sign, or to locate fountains, clock towers, or other architectural structures, excluding fences, approved by the department of public works, subject to the following provisions:

(1)

Use of parish public right-of-way shall be in accordance with the requirements of Chapter 2. Administration, sections 2-877, Lease of parish immovable, 2-877.1, Required information for proposals for real estate transactions, Chapter 29 Roads and bridges, section 29-6, Right-of-way obstruction and Chapter 32 Signs, section 32-5, Council permission as applicable; and use of state public right-of-way shall be in accordance with applicable state requirements.

(2)

The parish may approve the use of right-of-way to meet requirements for streetscape landscaping or to provide vehicular display or parking that is not required off-street parking only in conjunction with the site plan review procedures of this article. For a monument sign in the right-of-way, the property owner requesting the monument sign for the adjacent property must submit an application for a minor amendment to an approved site plan if a site plan is in effect for the property. If no site plan is in effect and the monument sign is the only development approval requested, site plan review in accordance with this article is not required.

(3)

If an application for site plan review includes a valid lease approved by the parish council or written authorization from the state for use of public right-of-way to meet requirements for streetscape landscaping in accordance with section 40-476(d)(2) and the application for development approval meets all other requirements of this Code, then administrative site plan review by the planning department may apply. If an application includes a variance to the CPZ regulations or the regulations of the underlying zoning district or features more than ten (10) feet of the required front landscaped area in the public right-of-way, then the council shall determine final action on the request by ordinance.

(4)

All requests to locate parking in parish rights-of-way shall be predicated upon the proposed parking meeting the following:

a.

The proposed parking in the parish right-of-way is not required parking for the use on the abutting private property as determined by parking regulations established in Chapter 40.

b.

The proposed parking in the parish right-of-way is screened by a hedge, wall, earth berm, or other durable landscape barrier a minimum of two (2) feet in height between the remainder of the right-of-way and the parking area to screen the vehicular use area. If the barrier consists of nonliving material, one (1) vine or shrub shall be planted every ten (10) feet and abutting the barrier.

c.

The proposed parking in the parish right-of-way does not result in the removal of any required landscaping previously approved as part of site plan review.

d.

If an approved site plan exists, the site plan must be amended to show the parking and screening.

(Ord. No. 20783, § 3(XIII-G(9)), 9-22-99; Ord. No. 22010, §§ 13, 14, 10-8-03; Ord. No. 23663, § 2, 10-14-09; Ord. No. 24955 , § 10, 6-10-15; Ord. No. 25405 , § 79, 8-9-17; Ord. No. 25480 , § 20, 1-10-18)