§ 40-602. Permitted uses.

In M-3, districts, only the following uses of property shall be permitted:

(1)

Any existing use shall be considered a conforming use and may continue to operate, provided it does not discontinue such use for a period of more than one (1) year. However, 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.

(2)

Unless otherwise provided for in this section, the following uses, as defined and listed in the 1972 Standard Industrial Classification Manual (SIC) or latest revision thereof, shall be permitted:

a.

Manufacturing establishments engaged in the following activities:

1.

Apparel and other textile products (SIC Code 23). This major group, known as the cutting-up needle trades, includes establishments producing clothing and other fabricated products by cutting and sewing purchased woven or knit fabrics. All types of textiles are utilized, as well as leather, rubberized fabrics, plastics, and furs.

2.

Electric and electronic equipment (SIC Code 36). This major group includes establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, stor-age, transmission, transformation, and utilization of electric energy.

3.

Fabricated metal products (SIC Code 34). This major group includes establishments engaged in fabricating ferrous and nonferrous metal products such as metal cans, tinware, hand tools, cutlery, general hardware, nonelectric heating apparatus, fabricated structural metal products, metal forging, metal stamping, ordnance (except vehicle and guided missiles), fabricated wire products and a variety of miscellaneous metal products and metal finishing.

4.

Food and kindred products (SIC Code 20). This major group includes establishments processing or manufacturing foods and beverages for human consumption and certain related products such as ice, chewing gum, prepared feeds for animals and fowls and vegetable and animal fats and oils.

5.

Furniture and fixtures (SIC Code 25). This major group includes establishments engaged in manufacturing household, office, public building and restaurant furniture, office and store fixtures.

6.

Instruments and related products (SIC Code 38). This major group includes establishments engaged in manufacturing instruments (including professional and scientific) for measuring, testing, analyzing and controlling, and their associated sensors and accessories; optical instruments and lenses; surveying and drafting instruments and lenses; surgical, medical and dental instruments, equipment and supplies, ophthalmic goods; photographic equipment and supplies; watches and clocks.

7.

Leather and leather-related products (SIC Code 31). This major group includes establishments engaged in manufacturing finished leather and artificial leather products and some similar products such as luggage, handbags and keys.

8.

Lumber and wood products (SIC Code 24). This major group includes logging camps engaged in cutting timber and pulpwood, merchant sawmills, lath mills, shingle mills, cooperage stock mills, planing mills, plywood mills and veneer mills engaged in producing lumber and wood base materials; and establishments engaged in manufacturing finished articles made entirely or mainly of wood or wood substitutes. Woodworking in connection with construction, in the nature of reconditioning and repair or performed to individual order is not included in this use.

9.

Machinery (SIC Code 35). This major group includes establishments engaged in manufacturing of machinery and equipment other than electrical equipment and transportation equipment. Machines powered by built-in or detachable motors ordinarily are included in this major group, with the exception of electrical household appliances. Portable tools, both electric and pneumatic powered, are included in this major group, except hand tools.

10.

Paper and allied products (SIC Code 26). This major group includes the manufacture of paper and paperboard into converted paper products such as coated paper, paper bags, paper boxes and envelopes.

11.

Primary metal industries (SIC Code 33). This major group includes establishments engaged in the smelting and refining of ferrous and nonferrous metals from ore, pig or scrap; in the rolling, drawing and alloying of ferrous and nonferrous metals; in the manufacture of castings and other basic products of ferrous and nonferrous metals; and in the manufacture of nails, spikes and insulated wire and cable. This major group also includes the production of coke.

12.

Printing and publishing (SIC Code 27). This major group includes establishments engaged in printing by one (1) or more of the common processes such as letterpress, lithography, gravure or screen; and those performing services for the printing trades such as bookbinding, typesetting, engraving, photoengraving and electro- typing. This group also includes publishers if they do their own printing.

13.

Stone, clay and glass products (SIC Code 32). This major group includes establishments engaged in manufacturing flat glass and other glass products, cement, structural clay products, pottery, concrete and gypsum products, cut stone, abrasive and asbestos products, etc., from materials taken principally from the earth in the form of stone, clay and sand.

14.

Textile mill products (SIC Code 22). This major group includes establishments engaged in performing any of the following operations, regardless of the type of fiber used: (1) preparation of fiber and subsequent manufacturing of yarn, thread, brands of twine and cordage; (2) manufacturing broad-woven fabric, narrow-woven fabric, knit fabric and carpets and rugs from yarn; (3) dyeing and finishing fiber, yarn and knit apparel; (4) coating, waterproofing, or otherwise treating fabric; (5) the integrated manufacture of knit apparel and other finished articles from yarn; and (6) the manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles.

15.

Tobacco products (SIC Code 21). This major group includes establishments engaged in manufacturing cigars, smoking and chewing tobacco and snuff and in stemming and redrying tobacco.

16.

Transportation equipment (SIC Code 37). This major group includes establishments engaged in manufacturing equipment for transportation of passengers and cargo by land, air and water. Import products produced by establishments classified in this major group include motor vehicles, aircraft, guided missiles and space vehicles, ships, boats, railroad equipment and miscellaneous transportation equipment.

17.

Miscellaneous manufacturing industries (SIC Code 39). This major group includes establishments engaged in manufacturing products not classified in any other major group. Industries in this group fall into the following categories: Jewelry, silverware and plated ware; musical instruments; toys, sporting and athletic goods; pens and other office and artists' materials, buttons, costume novelties, and miscellaneous notions, brooms and brushes; caskets; linoleum; and other miscellaneous manufacturing industries.

b.

Transportation establishments engaged in the following activities:

1.

Electric, gas and sanitary services (SIC Code 49). This major group includes establishments engaged in the generation, transmission and/or distribution of electricity or gas or steam. Such establishments may be combinations of any of the above three (3) services and also include other types of service such as transportation, communication and refrigeration. Water and irrigation systems and sanitary systems engaged in the collection and disposal of garbage, sewerage and other wastes except potentially infectious biomedical wastes, hazardous wastes, and radioactive or nuclear wastes by means of destroying or processing materials are also included.

2.

Railroad transportation (SIC Code 40). This major group includes establishments furnishing transportation by line-haul railroad, as well as REA Express and switching and terminal establishments.

3.

Trucking and warehousing (SIC Code 42). This major group includes establishments furnishing local or long distance trucking, or transfer services or those engaged in the storage of farm products or commercial goods of any nature. The operation of terminal facilities for handling freight, with or without maintenance facilities, is also included. However, self-storage (LBCS Function Code 2660) is not allowed.

4.

Water transportation (SIC Code 44). This major group includes establishments engaged in freight and passenger transportation on the open seas or inland waters and establishments furnishing such incidental services as literage, towing and canal operation.

i.

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 ships, 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 provisions of subsection (3)n., below.

c.

Manufacturing establishments engaged in the following activities may be allowed as a special permitted use:

1.

Acid and ammonia manufacture provided such use is approved in accordance with Article XL, Special Permitted Uses.

2.

Chemicals and allied products (SIC Code 28), including establishments manufacturing by predominantly chemical processes and manufacturing finished chemical products to be used for ultimate consumption, such as drugs, cosmetics and soaps, provided such use is approved in accordance with Article XL, Special Permitted Uses.

3.

Grain elevators provided such use is approved in accordance with Article XL, Special Permitted Uses.

4.

Petroleum and coal products (SIC Code 29), including establishments refining crude petroleum, manufacturing paving and roofing materials and compounding lubricating oils and greases from purchased materials provided such use is approved in accordance with Article XL, Special Permitted Uses, and further provided that processing, refining or bulk storage of flammable and combustible liquids, as defined by the National Fire Protection Association Flammable and Combustible Liquids Code (NFPA 30 1984) or as subsequently amended and adopted by the Jefferson Parish Council, shall be permitted provided the following criteria are met:

i.

The minimum distance in feet from a property line which is or can be built upon, including the opposite side of a public roadway, shall be three (3) times the minimum distance required by NFPA 30. In the event the distances required by this paragraph exceed the maximum distances required by NFPA 30, then the requirements of this paragraph shall govern.

ii.

The site has a minimum of one hundred thousand (100,000) square feet and the total floor area of all structures used for processing, refining or storage of flammable or combustible liquids does not exceed fifty (50) percent of the area.

iii.

The street system ingress and egress, off-street parking, loading and pedestrian ways, are adequate and in accordance with the Code of Ordinance of Jefferson Parish.

iv.

Adequate open space will be maintained on-site sufficient to provide ready access for fire and emergency equipment.

v.

Adequate safeguards are provided to limit obnoxious or offensive emissions of smoke, gas, gases, vibration, light, noise, glare, dust and odors or other noxious or offensive fumes and these safe-guards regarding the foregoing shall be presented to the parish and shall minimize adverse impacts and nuisance in accordance with the best practical technology.

vi.

In the event the use for which a special use permit is being sought pursuant hereto requires any air emission or water discharge permit from any state or federal agency, the application therefor, together with proof of submission, and the issued permit, if available, shall be made a part of the application for the special use permit.

vii.

The proposed use complies with the standards of the National Fire Protection Association Code as adopted by the Jefferson Parish Council.

viii.

In the event any of the above criteria, standards, or regulations are in conflict with each other or with local, state or federal regulation, the more restrictive shall govern.

ix.

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

x.

Any proposed changes in use or processing, including any changes in the use of the products themselves which may affect emission data previously submitted, shall be submitted to the council for approval in accordance with this section.

5.

Rubber and miscellaneous plastic products (SIC Code 30) , including establishments manufacturing from natural or synthetic rubber products such as tires, rubber footwear, mechanical rubber goods and rubber sundries and establishments engaged in molding primary plastics for the trade and in manufacturing miscellaneous finished plastics and fiberglass products, provided such use is approved in accordance with Article XL, Special Permitted Uses.

6.

Other industrial related uses not otherwise listed herein provided such use and location is compatible with surrounding land use and is approved in accordance with Article XL, Special Permitted Uses.

7.

Recycling, provided the following criteria are met:

i.

All unloading, processing, bailing, or other activities shall be conducted entirely within an enclosed building.

ii.

All materials to be recycled shall be stored and monitored adequately to minimize contamination of the environment, particularly, adjacent properties.

iii.

Adequate safeguards shall be provided to limit obnoxious or offensive emissions of smoke, gases, vibration, light, noise, glare dust, and odors or other noxious or offensive fumes and shall minimize adverse impacts and nuisance in accordance with the best practical technology.

iv.

On the perimeter(s) of the lot a continuous unbroken barrier is required. The barrier shall be a fence with a minimum height of seven (7) feet consisting of an opaque material.

v.

The proposed facility will be located a distance of no less than five hundred (500) feet from any residential zoning district or residential development.

vi.

The following information shall be submitted to the Jefferson Parish Department of Environmental Affairs for review and approval prior to the issuance of a building permit:

A.

Site plans depicting: all structures on the site with setbacks; height, materials, and location of all fences and buffering; ingress and egress patterns; location, number and dimensions of parking spaces; location and dimensions of loading and unloading areas; and surrounding land use and zoning within five hundred (500) feet of the subject site.

B.

A description of recycling processes, including a complete list of all by-products and all waste generated.

C.

A materials flow plan outlining the procedures for receipt and storage of used materials, and handling of materials during processing and disposal procedures for any waste products.

D.

A list of methods employed in the facility to safeguard emissions.

vii.

All local, state, and federal codes shall be met.

viii.

In the event any of the above criteria, standards, or regulations are in conflict with each other or with local, state, or federal regulations, the more restrictive shall govern.

ix.

In the event the use for which a permit is being sought pursuant hereto requires any air emission or water discharge or any other permit from any local, state, or federal agency, the application therefore, together with proof of submission and the issued permit, if available, shall be made a part of the application for the permit.

x.

Any proposed changes in use or processing, including changes in the use of the products themselves which may affect emission data previously submitted, shall require resubmission to Jefferson Parish Department of Environmental Affairs for review and approval.

xi.

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

(3)

The following uses shall also be permitted:

a.

Accessory buildings and uses, including offices, restaurants, cafeterias, retail and wholesale outlets, when operated in conjunction with and located on the same site as a permitted use in this district.

b.

Administrative offices and auxiliary establishments of the same company or perform services for other permitted uses in this district.

c.

Banks, when located within an office building, but not to include drive-through facilities.

d.

Clubs, private, when located within an office building, provided such use has no direct entrance from the street and no sign is visible from the outside of the building indicating the existence of such club.

e.

Gasoline and diesel fuel sales.

f.

Offices and warehouses provided such use and location is compatible with surrounding land use and the purpose of this district or contains a maximum of forty thousand (40,000) square feet of gross floor area.

g.

Radio and television towers, but not to include broadcasting studios or stations.

h.

Restaurants, cafeterias and sandwich shops provided such use is approved in accordance with Article XL, Special Permitted Uses.

i.

Seaplane and helicopter transport activities when located on a major waterway.

j.

Temporary living quarters for industrial related personnel. Such living quarters may be located on barges, drilling rigs, boats or similar structures.

k.

Tire repair and/or sales establishments.

l.

Truck and auto repair and service establishments.

m.

All other industrial related uses permitted in Article XXXI, Industrial District, M-2 provided such use and location is compatible with the purpose of this district.

n.

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:

i.

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

A.

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.

B.

A landscaping in accordance with section 33-6.25, Landscaping, buffering, and screening. To reduce the number of submittals, the landscaping plan may be added to the basic site plan noted above.

C.

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.

D.

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.

E.

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

F.

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

G.

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.

H.

A traffic and transportation impact analysis which determines all impacts that effect 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.

I.

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.

J.

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

8.

Parking.

i.

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.

ii.

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.

i.

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.

i.

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

ii.

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.

i.

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

12.

Fees.

i.

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 appeals to the board of zoning adjustments.

o.

Truck stops with criteria listed in Article XXX, Industrial District M-1.

p.

Adult uses as defined in this chapter, with criteria listed in article XXVIII, General Commercial District C-2, section 40-522(2).

q.

Trade services and repair establishments.

r.

Off-track wagering facilities with the criteria listed in article XXX, industrial district M-1 of this chapter.

(Ord. No. 20783, § 3(XVI-A(2)), 9-22-99; Ord. No. 21715, § 21, 11-13-02; Ord. No. 21734, § 13, 12-11-02; Ord. No. 21888, § 1, 6-4-03; Ord. No. 23330, § XXXIV, 6-11-08; Ord. No. 23292, § 32, 5-7-08; Ord. No. 24189, § XV, 1-25-12; Ord. No. 24545, § V, 4-14-13; Ord. No. 24823 , § XXII, 9-17-14; Ord. No. 25405 , § 89, 8-9-17; Ord. No. 25349 , § 10, 5-3-17; Ord. No. 25562 , § 12, 4-25-18)