§ 40-737. Exceptions to height requirements.

The height regulations as stated in this ordinance shall not apply to the following uses. Additional exceptions to height regulations are located in the height requirements section of the Multiple-family Residential District R-3, the Condominium District R-1CO, the Medical Service District H-2, the Neighborhood Commercial District C-1, the General Offices District GO-1, the Core District-Residential CD-R, the Business Core District BC-1, the Business Core District BC-2, the Mixed-use Corridor District MUCD, and the General Commercial District C-2. Buildings or structures located in the Business Core District (BC-2) exceeding the maximum height allowed by right of that district shall be governed by the exceptions to height regulations of the BC-2 district rather than the regulations of this section, except that additional or more restrictive regulations listed in section 40-737(4) below shall apply. Buildings or structures located in the Unrestricted Suburban District (U-1S) exceeding the maximum height allowed by right of that district shall be governed by the regulations of section 33-5.21. Mid-rise to high-rise building in Chapter 33 Unified Development Code, Article 5, Supplemental Conditions of this Code.

(1)

Churches; schools; hospitals; sanitariums; public, semi-public and public service buildings; office buildings; and institutions. There shall be no restrictions on the height of such buildings, provided the front, side, and rear façades shall use bulk planes which begin at horizontal lines located directly above the lines created by the setback, at a height equal to the maximum height permitted by right in the applicable zoning district, and rise over the lot upward at a forty-five-degree angle equal to a pitch of one (1) foot additional vertical distance for each one (1) foot additional horizontal distance.

(2)

Barns, silos and other farm structures when located on farms, belfries, cupolas, domes, flagpoles and monuments, water towers, windmills, chimneys, smoke stacks, conveyors, fire towers, and oil derricks.

(3)

Bulk heads, elevator penthouses, water tanks, cooling towers, scenery lofts and similar structures provided that such structures shall cover not more than twenty-five (25) percent of the total roof area of the building on which such structure is located.

(4)

Transmission towers, radio towers, mast and aerials/or antennas

a.

General.

1.

Commercial transmission towers, radio towers, masts, aerials and/or antennas shall be located only in the Neighborhood Commercial, C-1, and the less restrictive zoning districts, subject to criteria listed in paragraph b., Criteria, below.

2.

Only cellular phone transmission towers and their associated support buildings will be allowed in the General Office Districts, GO-2 and GO-1, the Medical Service Districts, H-1 and H-2 subject to criteria listed in paragraph b., Criteria, below, and excluding subsection (4)b.1., Distance Requirements to Residential Development.

3.

Only monopole cellular phone transmission towers and their associated support buildings shall be allowed in the residential districts, provided the following criteria are met:

i.

No new cell may be established if there is a technically-suitable place available on an existing communications tower within the search area that the new cell site is to serve. For the purpose of this ordinance, the search area is defined as the grid for the placement of the antenna.

ii.

The minimum lot size on which a cellular tower is to be located shall be the minimum lot size for the residential district, or five thousand (5,000) square feet, whichever is greater, and shall be of sufficient size to contain on-site any debris from tower failure.

iii.

No new cellular towers will be allowed with a one thousand (1,000) foot radius of an existing cellular tower within a residential district.

iv.

Permitted height: Cellular towers fifty (50) feet in height or less, or five (5) feet above the tree line shall be permitted. In no case shall the height of any tower be greater than sixty-five (65) feet.

v.

Setbacks:

A.

The tower must be set back from all property lines by a distance of twenty (20) percent of the height of the tower or by the rear yard setback required for the underlying zoning district, whichever is greater.

B.

All associated support buildings must meet the minimum setback standards for accessory structures in the underlying zoning district and shall not be used for offices, long-term vehicle storage, or other outdoor storage.

C.

In no case shall a cellular tower be located in the required front yard of a residential structure or lot.

vi.

Landscape, buffer and general design standards:

A.

Existing on-site vegetation shall be preserved to the maximum extent practical. All towers shall be landscaped with at least one (1) row of evergreen shrubs or trees or shrubs within twenty (20) feet of the tower's base. Such trees shall be a minimum of four (4) feet high when planted and spaced not more than fifteen (15) feet apart. These trees and shrubs shall be planted in any configuration which will serve to better buffer the site.

B.

General design standards:

I.

The entire facility must be aesthetically and architecturally compatible with its environment. The use of residentially-compatible materials such as wood, brick or stucco is required for associated support buildings, which shall be designed to architecturally match the exterior of residential structures within the neighborhood. In no case will metal exteriors be allowed for accessory buildings.

II.

The tower itself must be of such design and treated with an architectural material so that it is camouflaged to resemble a woody tree with a single trunk and branches on its upper part.

C.

Fences: Walls or fences constructed of wood, brick or masonry shall be used to secure the site and provide an opaque barrier. Such walls or fences shall be used in conjunction with landscaping to provide security or increase the buffer with adjacent residential uses. In no case will barbed wire or razor wire fencing be permitted in residential districts.

vii.

Structural integrity: Cellular transmission towers shall be certified by an engineer to withstand a minimum wind load of one hundred fifty (150) MPH and a maximum gust load of two hundred (200) MPH. The tower and any proposed transmission equipment must be certified to meet any structural standards for steel antenna towers and support structures set in the Electronic Industries Association/Telecommunications Association Standards referenced as EIA/TIA-222-E and as amended hereafter.

viii.

Visual impact mitigation:

A.

Color: The cellular transmission tower shall be constructed of a material with a neutral color and shall be designed to blend in with the surrounding landscape and uses.

B.

Lighting: When lighting is required and is permitted by the Federal Aviation Administration or other federal or state authority, it shall be orientated inward so as not to project onto surrounding residential property.

C.

Design: The design criteria for cellular towers and their associated support buildings shall follow the provisions outlined above in section 40-737(4)a.3.vi.B.I., General Design Standards.

ix.

Parking:

A.

At least one (1) off-street parking space shall be provided for towers which are located on residential sites.

B.

The parking requirements for cellular facilities located in the rear yard of residential structures shall be satisfied by the existing parking requirements for the dwelling, provided the dwelling is not deficient in required parking.

x.

General review procedures: Requests to place cellular transmission towers and their associated support buildings in residential districts shall be submitted to the Jefferson Parish Planning Department. The applicant shall submit fully-detailed site plans in accordance with the provisions of subsection xi. below. Upon review of complete site plans, the planning department shall determine whether or not the proposed tower meets the criteria established in this ordinance.

xi.

Submittal requirements:

A.

In addition to the requirements stated above, the following shall also be submitted to the Jefferson Parish Planning Department:

I.

An affidavit from the applicant stating that there is a demonstrated need for the placement of a cellular tower in a residential district, and that there is not a technically-suitable space available on an existing tower to accommodate the need.

II.

A current certified survey showing existing lots and property boundaries, streets, rights-of-way, servitudes, buildings and building setbacks, surrounding streets, and important physical features on the site, total square footage of the site, lot and square number, and name of subdivision.

III.

An affidavit which certifies that the proposed tower is located no less than one thousand (1,000) feet from another cellular tower within a residential district.

IV.

A basic site plan depicting the location and dimension of all proposed structures, with setback dimensions, entrances and exits, parking layout, including parking spaces.

V.

A landscaping plan of the site delineating location of existing trees to be preserved, the locations and dimensions of proposed planting areas, including size, type and number of trees planted, curbs, fences, buffers and screening elevations of fences and materials used.

VI.

Elevations of existing and proposed structures showing width, depth and height, use, type of materials and color schemes, statistical data on the tower and their related accessory structure.

VII.

Zoning classification of the site and zoning classification of all property within five hundred (500) feet from the petitioned site.

VIII.

Utilities inventory showing all locations of all water, sewage, drainage, and power lines impacting the development site.

IX.

An affidavit from the applicant, that the proposed tower meets all the requirements of the various state and federal regulatory agencies involved and complies with standards set by the Federal Communications Commission (FCC).

X.

A report from a licensed professional engineer which describes the tower height and design, including a cross-section of the structure; demonstrates the tower's compliance with applicable structural standards; and describes the tower's capacity, including the number and type of cells that it can accommodate.

XI.

An environmental statement fully describing the effects that the proposed tower will have on the environment and surrounding area, including the radiological impact on human health, impacts on adjacent residential structures and streetscapes.

xii.

Time limit on project completion. Once a cellular transmission tower is approved, the building permit shall be obtained within six (6) months and the project shall be complete within one (1) year.

xiii.

All obsolete or unused facilities must be removed within twelve (12) months of cessation of operation at the site.

xiv.

Fees. Before any action shall be taken regarding the application for a cellular transmission facility in a residential district, the applicant shall deposit with the planning department a fee in the sum of two hundred fifty dollars ($250.00) to supplement the cost of processing the application.

xv.

For those cellular transmission towers not meeting the criteria outlined above due to the site-related or other hardships, and/or located in any single-family residential district, site plan review and council approval in accordance with Article XL, Special Permitted Uses, shall be required.

b.

Criteria. The following criteria shall apply to commercial transmission towers, radio towers, masts aerials and/or antennas:

1.

Distance requirements to residential development:

i.

The distance between the base of the commercial transmission towers, radio towers, masts, aerials and/or antennas and any residential zoning district shall not be less than the height of the structure from the top of the antenna to grade.

ii.

The distance between the building upon which a commercial rooftop transmission or radio tower is located and any residential zoning district shall not be less than the total height of the building plus the height of the rooftop transmission or radio tower.

iii.

Rooftop masts, aerials and/or antennas shall be excluded from the distance requirement to residential development stated in subsection b.1.ii. above.

2.

Landscaping and buffering.

i.

Existing on-site vegetation shall be preserved to the maximum extent practicable.

ii.

Where the site or that portion of a parcel upon which the commercial transmission tower, radio tower, mast, aerial and/or antenna is located abuts residentially developed land, residential zoning districts, public land or streets, the perimeter of the secured area surrounding the base of the tower shall be landscaped with at least one (1) row of trees or evergreen shrubs at least four (4) feet high when planted and spaced not more than fifteen (15) feet apart. These trees or shrubs may be planted in any configuration which will serve to better buffer the site.

iii.

Walls or fences constructed of wood, brick or masonry shall be used to secure the site and provide an opaque barrier. Such walls or fences may be used in combination with landscaping to provide security or increase the buffer to other land uses. Other types of fences shall be allowed only if used in conjunction with evergreen shrubs or hedges when upon maturity are equal to or greater than the height of the fence for the purposes of providing an opaque barrier. Landscaping requirements set in this subparagraph may serve to fulfill requirements set in subsection b.2.ii. above.

iv.

Monopoles located within an existing hard surfaced paved parking lot shall be excluded from the landscaping requirements listed above in subsection b.2.i. and ii.

3.

Visual impact mitigation.

i.

Color commercial transmission towers, radio towers, masts, aerials and/or antennas shall be constructed of a material with a neutral color designed to blend in with surrounding land uses.

ii.

Lighting dual lighting shall be employed on commercial transmission towers, radio towers, masts, aerials and/or antennas when lighting is required and as permitted by the Federal Aviation Administration (FAA) or other federal or state authority. For the purposes of this ordinance and to minimize intrusion into other areas, dual lighting shall be considered as strobe lighting during the day light hours and red lighting at night.

4.

Associated support buildings.

i.

Radio equipment may be housed within existing structures or in new buildings constructed within the buildable area of the site.

ii.

Associated support buildings up to a maximum of eleven (11) feet in height and four hundred (400) square feet in area shall be permitted on rooftops.

iii.

Associated support buildings shall be subject to local, state, and federal safety standards to protect adjacent land uses.

iv.

In no case shall associated support buildings be considered accessory structures or buildings.

5.

Structural integrity commercial transmission towers, radio towers, masts, aerials and/or antennas including any proposed transmission equipment, shall be certified by an engineer to structural standards for steel antenna towers and antenna supporting structures set in the Electronic Industries Association/Telecommunications Industry Association standards referenced as EIA/TIA-222-E and as amended hereafter.

6.

Guy anchors.

i.

Where a commercial tower is guyed, the exposed, above-ground portion of guy anchors shall be no less than five (5) feet from the nearest property line.

ii.

For rooftop towers, all guy wire anchors shall be positioned on top of the roof of the building upon which the transmission towers, radio towers, masts, aerials and/or antennas are located.

7.

Density requirements. No more than one (1) site for commercial transmission towers, radio towers within any given five hundred (500) foot radius shall be permitted. Commercial transmission towers, radio towers, masts, aerials and/or antennas of a monopole design shall be excluded from this density requirement.

8.

All building and other parish codes shall be met.

c.

Submittal requirements. The applicant shall submit those materials required by the parish to the department of inspection and code enforcement. Such submittal materials shall sufficiently detail the proposed commercial transmission tower, radio tower, mast, aerial and/or antenna as it relates to the above criteria.

d.

Special permitted use.

1.

For those commercial transmission towers, radio towers, masts, aerials and/or antennas not meeting the criteria outlined above due to site related or other hardships, site plan review and council approval in accordance with Article XL, Special Permitted Uses, shall be required.

2.

Submittal requirements. The applicant shall submit those materials required by the parish for the special permitted use to the department of planning. Such submittal materials shall sufficiently detail the proposed commercial transmission tower, radio tower, mast, aerial and/or antenna as it relates to the above criteria.

e.

Structures which carry electric and communications transmission lines are not included under this paragraph.

(5)

Existing one- and two-family dwellings, including townhouses, elevated as part of a home elevation project to reduce potential flood damage may exceed the maximum height allowed by the underlying zoning district, subject to the following conditions:

a.

Eligibility . The exception to maximum height shall be allowed only when all of the following conditions are met:

1.

The height exception shall not apply to construction of a new dwelling or an addition to an existing dwelling, and shall not result in new residential living area, in whole or in part, that would not otherwise be permitted by this Code;

2.

The existing building shall meet the height requirements of the zoning district at the time of application; and

3.

The elevation project shall support the long-term flood prevention and preparedness policies of the parish, as determined by the parish floodplain manager.

b.

Determination of the height exception . The parish floodplain manager shall determine the height exception, which shall be the minimum amount of vertical height, above the maximum height allowed by the zoning district, necessary to elevate the dwelling above the crown of the street, the effective BFE, or FEMAs Advisory Base Flood Elevation [ABFEs] adopted July 19, 2006, as applicable, and in accordance with the requirements of Chapter 14 Flood Damage Prevention of this Code.

c.

Submittal requirements .

1.

The applicant shall request the determination from the parish floodplain manager and shall submit the determination, in the form of a letter, as part of the application for a building permit; however, if the site plan review process is required, as per section 33-2.5 of this Code, the floodplain manager shall provide the determination as part of the LURTC review process.

2.

The request for the determination shall include the following elevations and dimensions illustrated and drawn to scale on the building plan and submitted to the department of floodplain management and hazard mitigation:

i.

Existing grade or ground surface elevation of the development site and building footprint;

ii.

Existing and proposed elevation of the lowest floor, as defined in Chapter 14 Flood Damage Prevention Ordinance of this Code;

iii.

Existing and proposed building height, as defined in section 40.3 of this Code;

iv.

The maximum height allowed by the zoning district regulations; and

v.

Upon request of the floodplain manager, any additional materials necessary to facilitate the determination.

(Ord. No. 20783, § 3(XX(2)), 9-22-99; Ord. No. 22794, § 17, 7-19-06; ; Ord. No. 24860 , § 4, 11-5-14; Ord. No. 25020 , § XVIII, 10-7-15)