§ 40-701. Restoration of nonconforming uses.

(a)

Partial destruction and restoration. A nonconforming use, structure, or building may be restored after destruction by Act of God, war, or other local catastrophe if so destroyed to no more than seventy-five (75) percent of its value as determined by the assessor of this parish for current tax purposes; and only if a permit to restore the use, structure, or building is obtained within the one (1) year immediately following the date of said destruction.

(b)

Total destruction. If the structure, building, or use is destroyed beyond seventy-five (75) percent of its value or more, as defined in this subsection, then for the purposes of this section the nonconforming use, structure or building shall be deemed totally destroyed, and the nonconforming status shall terminate as of the date of such destruction.

(c)

Appeal of termination of nonconforming status. The owner of any structure totally destroyed as defined in subsection (b) above may appeal by petitioning the Jefferson Parish Council through the Jefferson Parish Planning Department and in accordance with provisions set in Article XLVIII, Changes and Amendments, to restore the nonconforming status of the structure or use. The Jefferson Parish Council may approve the restoration provided the following criteria are met:

(1)

The nonconforming structure or use shall not be detrimental to the public welfare or seriously affect or be injurious to other property or improvements in the neighborhood in which the property is located;

(2)

The nonconforming structure or use shall not contribute substantially to increasing congestion of streets or create a traffic hazard;

(3)

The proper number of parking and loading spaces as required by the ordinance is provided for the use or structure to the maximum extent possible;

(4)

The existing drainage, sewerage and street systems are not overburdened and the necessary improvements are provided to accommodate the use or structure;

(5)

The nonconforming structure shall be compatible with surrounding development within three hundred (300) feet in that the same or similar exterior finish, roof materials and roof lines are used;

(6)

Sufficient buffers to protect conforming uses are provided in accordance with the following requirements and subject to existing space limitation:

a.

Perimeter of a lot abutting residential property.

1.

On the perimeter of a lot abutting residential land use, a continuous barrier is required for the purpose of buffering loading, unloading, and other service areas, garbage and trash receptacles, and off-street parking or other vehicular use areas exposed to abutting property.

2.

The barrier shall be an opaque fence or living fence, a berm, or any combination thereof with a minimum height of seven (7) feet. If the barrier includes use of plant materials, such materials shall be planted in a strip of not less than five (5) feet in width.

b.

Tree provisions. For each thirty-five (35) feet of the required barrier or fraction thereof, one (1) tree shall be provided. Each tree shall be planted in at least a twenty-five-foot square planting area. Each such planting area for trees shall be landscaped with grass, ground cover or other landscaping.

c.

Perimeter of a lot abutting nonresidential property. If the abutting lot contains nonresidential land uses, only the tree provision, referenced in paragraph (6)b. above, shall be required.

d.

Existing barrier. If the perimeter of a lot abuts an existing barrier, the existing barrier may be used to satisfy the landscape barrier requirements listed above provided that the existing barrier meets all applicable standards set forth herein.

e.

Parking.

1.

All vehicular use areas including parking lots shall be buffered from view from public rights-of-way by a barrier with a minimum height of thirty (30) inches, consisting of an earth berm, hedge, wall, or any combination thereof.

2.

All vehicular use areas, including parking spaces, drives and service drives shall consist of hard-surface material.

f.

The buffer standards contained within this subsection shall not apply to nonconforming single-family and two-family dwellings.

g.

All applicable parish, state, and federal codes shall be met.

h.

The applicant shall have one (1) year to obtain a building permit to restore the structure, building or use from the effective date of the ordinance approved by the council.

(Ord. No. 20783, § 3(XIX(6)), 9-22-99; Ord. No. 24823 , § XXVI, 9-17-14)