§ 40-480. Site plan review.

(a)

Required site plan review. Site plan review that includes a request for a variance shall be in the form of public hearings before the planning advisory board and the parish council.

(b)

Site plan review criteria. Variances to the CPZ requirements may be granted by the Jefferson Parish Council through the site plan review process, upon recommendation by the planning department and planning advisory board, provided the following minimum criteria are met:

(1)

The proposal complies with the CPZ requirements to the maximum extent possible taking into account space limitations of existing structures;

(2)

The proposal enhances the general quality of commercial and office corridors by providing buffers to neighboring residences and other commercial uses; increases public safety by guiding traffic to minimize the impact of development and structures on drainage; and coordinates with greenspace and signage in the corridor;

(3)

The proposal does not adversely effect the harmony or compatibility of surrounding land uses; and

(4)

That special conditions and circumstances exist peculiar to the land, structures or buildings which are not applicable to other land, structures or buildings in the same zone.

(5)

The Jefferson Parish Council shall not grant a variance or exception to the off-premises sign regulations of the Commercial Parkway Overlay Zone.

(6)

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

a.

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

1.

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

2.

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

b.

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.

(c)

Issuance of building permit. If the development proposal meets all of the requirements of the Commercial Parkway Overlay Zone regulations except the sign regulations and the applicant has requested a sign variance that if granted would not affect the location of a substantial development feature including, but not limited to, a building or other structure, required parking, or required landscaping, then the department of inspection and code enforcement may issue a building permit for all improvements except signs. A sign permit shall not be issued until final disposition of the sign variance by the parish council. Within five (5) days of determination that the development proposal meets all of the CPZ requirements except the sign regulations, the planning department shall notify the department of inspection and code enforcement in writing of the determination.

(d)

Site plan review procedures.

(1)

Pre-application conference. Prior to the submission of an application for site plan review in a CPZ, a pre-application conference with a designated representative of the planning department is required. The purpose of the pre-application conference is to thoroughly discuss the proposal and to bring the petition in conformity with regulations specified in the CPZ. The planning department shall notify the planning advisory board of the time and place of such pre-application conference.

(2)

Application. An application for site plan review in a CPZ shall be filed with the planning department and shall contain the following information:

a.

Interest and ownership. 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 is 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.

b.

Development plans. Plans showing the land area included within the proposed plan with the boundaries, dimensions and present zoning classification of the area; and adjoining properties and the present zoning classification thereof; all public and private easements and rights-of-way, existing and proposed within or bounding the designated area and the adjoining properties; the location of buildings and the use of the land on adjoining properties; curb cuts and driveways; off-street parking areas; off-street loading areas; sidewalks and pedestrian amenities; open areas to be set aside for special purposes; the location and height of proposed walls, fences, buffers, and landscaping; types of paving or other surfacing to be used in various areas; type, height, orientation and location of all lighting fixtures; type, height, location and method of illumination of all signs; any such other information as may be necessary to describe completely the proposed development and structures and as stated in section 40-478, Site Plans, of this section.

c.

Ordinance and legal attachments. An ordinance and all other legal attachments relative to the CPZ is required at the time of application in the format specified by the Jefferson Parish Clerk of Council.

d.

Fees. Before any action shall be taken regarding an application for a CPZ site plan review as set forth in this section, the applicant shall deposit with the planning department a fee in the sum of one hundred fifty dollars ($150.00) to supplement the cost of processing the application.

e.

Administrative examination.

1.

Upon receipt of a complete application with all information properly supplied as specified within this Code, the planning director shall forward the site plan to the Land Use Review Technical Committee (LURTC) for review and comment prior to action. Lack of findings from LURTC within ten (10) days shall be construed as no objection to approval.

2.

After evaluating LURTC comments and the site plan's compliance with applicable development regulations, the planning director shall approve the site plan or make a recommendation regarding approval of the site plan and forward it to the planning advisory board and council for action in accordance with Article XLVIII, Changes and Amendments for general procedures not specified in this article, by the next available advertisement deadline. The planning director shall not approve a plan for a site that has outstanding code enforcement violations.

(3)

Registration of CPZ site plan. Upon approval of a CPZ site plan, a copy of such shall be recorded with the Clerk of Court through the Office of the Clerk of Council. An original of same shall be furnished to the planning department with a copy also furnished to the department of inspection and code enforcement which shall thereafter be binding upon the applicants, their heirs, successors, and assigns; shall limit the 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 on the CPZ site plan and approval thereof.

(4)

Minor changes in approved CPZ site plans.

a.

Minor changes needed to facilitate construction and site improvements are permitted, if such minor changes will not change the character of the approved development or structures, 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 CPZ site plan that alters the approved permitted uses.

b.

The director of planning shall review and determine what constitutes a minor or major change for an approved CPZ site plan and be responsible for making minor changes on the site plan, if the request is approved. Appeals of said decision by the planning director shall be forwarded to the planning advisory board for review, where a majority vote of the members shall be required to override the decision of the planning director concerning said minor change. Otherwise, an amendment to the CPZ site plan shall be required, in accordance with the procedures of this section.

(5)

Amendment or withdrawal of CPZ site plan. Pursuant to the same procedure and subject to the same limitations and requirements by which the CPZ site plan was approved and registered, any CPZ site plan may be amended or withdrawn, either partially or completely, if all land and structures remaining under such CPZ site plan comply with all regulations established by the zoning ordinance and unrelated to the CPZ.

(6)

Phased development.

a.

Developments within an approved CPZ site plan may be developed in phases, provided that the more restrictive land uses and the necessary off-site improvements are completed first and time frame for phases is submitted at the time of the application.

b.

Approval of the CPZ site plan is voided if the development or structures is not initiated within one (1) year, and completed within two (2) years. Additional time may be granted by the Jefferson Parish Council for a period of one (1) year, upon recommendation by the planning advisory board and planning department, if completion of the approved site plan is assured. In no case shall any development or structures within a CPZ exceed a four-year period.

(7)

Vested rights for new applications. To assure applicants that development applications will be processed in accordance with the rules in effect at the time of submittal of a completed application, section 33-4.20, Vested rights for new applications, in Article 4, Non-Conforming Situations/Vested Rights of Chapter 33, UDC, of this Code.

(Ord. No. 20783, § 3(XIII-G(10)), 9-22-99; Ord. No. 23938, § 7, 1-12-11; Ord. No. 24364, § XXXVIII, 11-7-12; Ord. No. 24989 , § XIV, 8-12-15)