§ 40-562. Permitted uses.F

(a)

All uses not otherwise prohibited by law except for those shown as permitted uses or special permitted uses in Article XXXI, Industrial District M-2, section 40-582; and Article XXXIV, Unrestricted Rural District (U-1R), section 40-642; and hazardous, nuclear or radioactive waste treatment and disposal facilities; provided, however, that no building or structure shall be erected, reconstructed or structurally altered for residential use except for temporary living quarters for industrial related personnel employed upon the premises. Residential dwellings located in main structures containing non-residential uses shall not be permitted.

(b)

Gaming establishments and related activities, provided the following conditions and criteria are met.

(1)

The minimum site area shall not be less than seven (7) acres.

(2)

The gaming establishment shall be located a minimum of five hundred (500) feet from any residential district, and the nearest property line of any school, church or place of worship, and park or recreation area.

(3)

The gaming establishment shall be located a minimum of one thousand (1,000) feet from any pawn shop and commercial check-cashing establishment.

(4)

The building site shall be located on an interstate, or major or minor arterial as identified on the Jefferson Parish Thoroughfare Plan.

(5)

Approval is obtained from the Jefferson Parish Council in accordance with Article XL, Special Permitted Uses.

(6)

Landscape, buffer and general design standards. Section 33-6.25, Landscaping, buffering, and screening, shall apply.

(7)

Submittal requirements:

a.

In addition to the requirements stated above, the following shall also be submitted:

1.

A basic site plan depicting the location and dimensions of all existing and proposed streets; existing and proposed structures with setback dimensions; entrances and exits; parking layout including bus parking spaces, pick up and drop off areas; service bays and loading areas; trash receptacles; sidewalks; traffic signals; location and dimensions of fire lanes and handicapped parking spaces; location of all fire hydrants within three hundred (300) feet of the site; statistical data on number of required versus proposed parking spaces and proposed hours of operation.

2.

A landscaping plan in accordance with section 33-6.25, Landscaping, buffering, and screening.

3.

Elevations of existing and proposed structures showing width, depth and height, use, type of materials and color schemes; and statistical data on building area and dimensions for existing and proposed structures.

4.

Zoning classification of the site, zoning classifications and land uses of surrounding property within a radius of one thousand (1,000) feet from the petitioned property.

5.

Utilities inventory showing the locations and size of existing water, sewerage, drainage and power lines, lift stations, canals and watercourses impacting the development site.

6.

A public facilities and service impact analysis, including but not limited to sewer, water, drainage, transit, sanitation, garbage and utilities.

7.

A copy of non-proprietary information contained in the application submitted on the gaming establishment to the state gaming commission. The applicant shall be credited with information generated for the state application which is also included in the submittal requirements listed above.

8.

A traffic and transportation impact analysis which determines all impacts that affect the level of use on the surrounding street system, and any mitigation measures that may be appropriate so that the level of service is improved. This analysis shall include existing traffic counts versus proposed traffic counts generated by the facility as well as provisions for satellite parking.

9.

Provisions for a loading area for tour buses, taxis, etc., and for off-site parking and queuing of these vehicles sufficient to meet the projections of the traffic impact analysis.

10.

Additional information as required by the Parish of Jefferson to appropriately detail the proposed gaming establishment.

(8)

Parking:

a.

On-site parking shall be provided in accordance with provisions specified in Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations, section 40-662(16). On-site parking for accessory uses shall be provided as per other provisions specified in Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations, section 40-662.

b.

Off-site parking may be permitted in addition to the minimum requirements specified in Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations, provided the satellite facility is located within one-half (½) mile of the gaming establishment site and Council approval is obtained in accordance with Article XL, Special Permitted Uses.

(9)

Signs:

a.

The sign regulations shall be the same as those set in Article XXV, Mixed Use Corridor District, section 40-448.

(10)

Accessory uses and special events:

a.

Any accessory uses not specifically approved by council in accordance with the provisions of the section shall be prohibited.

b.

All special events and temporary activities, except those conducted in permanent on-site structures intended for such events and activities, shall be prohibited unless otherwise authorized by council resolution. No legally required parking spaces shall be used to satisfy the parking requirements for such events and activities, except those legally required parking spaces already available for permanent on-site structures and uses.

(11)

Additions:

a.

Any addition to structures shall be required to receive council approval in accordance with the provisions of this section.

(12)

Fees:

a.

Fees required to process and review applications shall be five hundred dollars ($500.00) per acre or portion thereof.

(13)

Regulations, requirements or standards set in this section are not subject to appeal to the board of zoning adjustments.

(c)

Establishments engaged in activities related to marine transportation, including but not limited to holding areas and/or terminals used for excursion boats, sightseeing boats, water taxis, ferries, passenger shops, gaming boats, dining and entertainment boats and charter boats; provided however, that any such establishment which exceeds ten thousand (10,000) square feet of gross building area or is accessory to marine transportation vessels with a Coast Guard rated capacity of one hundred (100) passengers or more shall be permitted in accordance with the provisions of paragraph (b), above.

(d)

Truck stops meeting the following criteria:

(1)

Truck stops shall be allowed as a special permitted use with the criteria outlined in this section and approval by the Jefferson Parish Council as per Article XL, Special Permitted Uses, with the exception of section 40-764, Renewal of Special Permitted Use.

(2)

Consists of at least ten (10) developed contiguous acres and sells fuel, lubricating oil, and other vehicular merchandise, such as batteries, tires, or vehicle parts of eighteen-wheel tractor trailers.

(3)

Located adjacent to a major state highway or interstate highway.

(4)

The property line of the establishment shall be located five hundred (500) feet away from any residential zoning district or use, school, church, park, or recreation area.

(5)

It must have an on-site restaurant with all of the following features:

a.

Provides seating for at least fifty (50) patrons.

b.

Provides full table service for sit-down meals.

c.

Open twenty-four (24) hours a day.

d.

Offers a varied menu.

(6)

Stable parking area of at least one hundred seventy thousand (170,000) square feet, providing at least one hundred (100) eighteen-wheel tractor-trailer parking stalls. Such parking shall adhere to the following:

a.

Standard truck parking space size shall be fifteen (15) feet by seventy (70) feet with a seventy-foot travel aisle.

b.

Ten (10) percent of the truck parking spaces shall be fifteen (15) feet by seventy-five (75) feet with a seventy-foot travel aisle.

c.

The parking and vehicular use area shall be of sufficient size to allow for safe ingress and egress with a minimum access of eighty (80) feet at the roadway intersection.

d.

Truck parking and access to truck parking must be separated from all other vehicular uses.

e.

Parking areas located around business entrance ways and exits shall not constitute parking areas for eighteen-wheelers.

(7)

Diesel and gasoline fuel facilities that meet all building codes and fire safety codes.

(8)

On-site repair service facilities for eighteen-wheel tractor-trailers.

(9)

Must be owned or leased by a person with a Class A general retail permit or a Class A restaurant permit to serve or sell alcoholic beverages for on-premises consumption.

(10)

The sign regulations shall be the same as those set in Article XXVI, Commercial Parkway Overlay Zone, section 40-476.

(11)

Section 33-6.25, Landscaping, buffering, and screening, shall apply, except that a twenty-foot landscaped buffer between the property line and any abutting more restrictive zoning district shall be provided, and requirements for parking lot landscaping shall not apply to truck parking areas.

(12)

Structures, except fences, and parking or vehicular use areas must meet a twenty-foot setback from all property lines.

(13)

Have four (4) of the following amenities:

a.

A separate trucker's lounge.

b.

A full-service laundry facility located in a convenient area for trucker's use.

c.

Private showers for men and women and not located in an area open to general public restroom facilities.

d.

A travel store with items commonly referred to as truckers supplies.

e.

Truck scales.

f.

Separate truckers' telephones.

g.

Permanent storage facilities for fuel.

(14)

A traffic plan showing egress and ingress approved by public works traffic engineering.

(15)

Lighting must be provided in parking areas and access ways to buildings. Parking area lighting must be oriented inward so not to intrude on abutting property. Sixty (60) feet is the maximum height for lighting. All parking areas and all parts of parking areas must be fully illuminated.

(16)

The proper number of off-street parking spaces for the land uses included in the development shall be provided in accordance with Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations, in addition to the required truck parking.

(e)

Hotels and motels.

(f)

Off-track wagering facilities provided the following requirements are met:

(1)

The distance between any off-track wagering facility and the following 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), Condominiums (R1CO), Core District-residential (CDR), and Multiple-Family residential (R3); or between any off-track wagering facility and a dwelling, school, child care center, religious institution, park, recreational area, museum, community center, or public library shall be a minimum of five hundred (500) feet, measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the off-track wagering facility to the closest property line of the residential zoning district or dwelling, school, child care center, religious institution, park, recreational area, museum, community center, or public library.

(2)

The facility shall be subject to the regulations and requirements of this chapter for height, yards, signs, off-street parking, clear vision area, and loading; and to section 33-6.25, Landscaping, buffering, and screening. Only the parish council may grant variances to these development regulations and requirements. If the site is overlaid with the Commercial Parkway Overlay Zone (CPZ), the MUCD standards shall prevail for general design, and the stricter of the CPZ or the underlying zoning shall prevail for all other standards.

(3)

Primary access to the off-track wagering facility shall be located on a major arterial, minor arterial, collector, or neighborhood collector as shown on the Jefferson Parish Thoroughfare Plan. A traffic impact analysis in accordance with section 33-7.5 of this code may be required by the planning director, public works director, or parish traffic engineer when it is determined that such report is necessary to determine needed road improvements or that no unsafe or hazardous conditions will be created by the development as proposed.

(4)

The off-track wagering facility shall be subject to the development review procedures of mixed use corridor district (MUCD)section 40-449 of this chapter.

(g)

Self-storage. Section 33-5.3.16. Self-storage (LBCS Function Code 2660), subsections (a) through (c), shall apply.

(Ord. No. 20783, § 3(XV(2)), 9-22-99; Ord. No. 21715, § 17, 11-13-02; Ord. No. 21734, § 11, 12-11-02; Ord. No. 23330, § XXXII, 6-11-08; Ord. No. 23292, § 30, 5-7-08; Ord. No. 24189, § XIII, 1-25-12; Ord. No. 24545, § III, 4-14-13; Ord. No. 25020 , § XIII, 10-7-15; Ord. No. 25405 , §§ 85—87, 8-9-17; Ord. No. 25562 , § 10, 4-25-18)