SECTION I. That Chapter 8. - Jefferson Parish, Louisiana



SEQ CHAPTER \h \r 1On joint motion of all Councilmembers present the following ordinance was offered: SUMMARY NO. 24119 ORDINANCE NO. An ordinance to amend Chapter 8 Buildings and Building Regulations, and Chapter 40 Zoning of the Code of Ordinances of the Parish of Jefferson, specifically to the provisions pertaining to fences, with the intent of establishing definitions and regulations including, but not limited to, height, height measurement methods, materials, and setbacks; and providing for related matters. (Parishwide)WHEREAS, Resolution No. 120572, adopted March 13, 2013, authorized the Planning Department to conduct a study of the regulations regarding fences; andWHEREAS, appropriate fencing and screening standards promote quality development, ensure adequate buffering and screening, and promote public health, safety and welfare and the overall quality of life in the Parish; andWHEREAS, after Hurricane Katrina, FEMA adjusted Base Flood Elevation (BFE) that affects the elevation of new homes and businesses; andWHEREAS, the Parish Council amended regulations regarding fences in the Old Metairie Neighborhood Conservation District (OMNCD) post-Katrina to account for properties using fill or pier construction to elevate residential structures; andWHEREAS, increasing the maximum fence height for residential properties will provide consistency to zoning district regulations and address the need for taller fences in conjunction with elevated dwellings; andWHEREAS, a public hearing was held by the Planning Advisory Board under Docket No. TXT-5-14 in accordance with law. NOW, THEREFORE,THE JEFFERSON PARISH COUNCIL HEREBY ORDAINS:SECTION I. That Chapter 8. Buildings and Building Regulations, Article III. Preliminary and Other Building Requirements, Division 3. Other Restrictions, Subdivision E. Fences, Sections 8-3-112.1 – 8-3-112.3 be amended and Sections 8-3-112.5 and 8-3-112.6 be deleted to read as follows: Section 8-3-112.1. Definition. A fence is a free-standing structure constructed of wood (rail or stakes), metal, masonry, or other similar materials designed for the purposes of fence construction, erected so as to enclose, divide, screen or protect yards or lots and portions thereof. Low lying structures in required front yards solely used for the purpose of gardening, and not acting as a barrier between yards, when less than twelve (12) inches tall, shall not be considered a fence.Section 8-3-112.2. Fences when required. Fences shall be required to provide protection for excavations, construction and demolition as provided in Chapter 33—Safeguards during Construction of the currently adopted International Building Code; for swimming pools as provided in the currently adopted International Building Code, Section 3109; and as required by Chapter 33 and Chapter 40 of this Code.Section 8-3-112.3. Fences—Requirements. Fences shall be structurally sound and durable and in compliance with Chapter 16—Structural Design of the currently adopted International Building Code. No fragile, readily flammable materials such as paper, cloth, reeds, canes or canvas shall constitute a part of any fence, nor shall such material be used as an adjunct, attachment or supplement to any fence. The height of fences shall comply with the current Zoning Ordinance for the Parish of Jefferson. Fences over eight (8) feet in height shall be of non-combustible material. Barbed wire or other materials deemed hazardous by the director shall not be placed upon any fence less than seven (7) feet above the ground or grade.Section 8-3-112.4. Fences—Permit required. Any person, authorized agent, or contractor who desires to construct, alter, repair, move or remove any fence shall make application to the code official and shall obtain the required permit for the work. Fence permit applications shall be accompanied by a current property boundary survey showing all existing improvements. Applications for fences over eight (8) feet in height shall provide two (2) complete sets of plans bearing the "live" stamp or seal of the design professional.Exception: Stamped or sealed plans for fences of an open design may be waived by the Code Official.SECTION II. That Chapter 40. Zoning, Article I. In General, Section 40-3. Definitions, be amended to revise the definition of Fence, to delete the definition of Hedge, and to add a definition of Living Fence to read as follows:***Fence shall mean a free-standing structure consisting of wood (rails or stakes), metal, masonry, or other similar materials designed for the purposes of fence construction, erected so as to enclose, divide, screen or protect yards or lots and portions thereof. Low lying structures in required front yards solely used for the purpose of gardening, and not acting as a barrier between yards, when less than twelve (12) inches tall, shall not be considered a fence.Fence, Living or Hedge shall mean a group or thicket of shrubs, trees or other vegetation, or combination thereof, erected or planted so as to enclose, divide, screen or protect yards or lots and portions thereof. * **SECTION III. That Chapter 40. Zoning, Article V. Suburban District S-1 Section 40-77. Permitted Uses, be amended to read as follows:***(5)Cemeteries provided the following criteria are met:No structure shall be permitted within the required yard area, however, in no case shall a structure be located closer than ten (10) feet to the front property line in any zoning district.All required yard areas shall be landscaped and permanently maintained.An opaque fence, living fence or any combination thereof shall be provided at a minimum height of six (6) feet along common lot lines. Additionally, a living fence shall also require the construction of a chain-link fence at a minimum height of six (6) feet.Approval is obtained from the Jefferson Parish Council in accordance with Article XL, Special Permitted Uses, however, any cemetery established and/or dedicated at the time of adoption of this ordinance shall be considered conforming and shall not have to comply with the provisions of Article XL, Special Permitted Uses.***(9)Mineral extraction and development of natural resources with the exception of clay extraction and borrow pit operations which may be permitted provided the following minimum criteria are met: ***All excavation sites or borrow pits shall be secured with a chain-link fence topped with barbed wire with a minimum height of six (6) feet and a self-closing gate with a locking device at each opening to prevent unauthorized access to the site. All areas of operation shall be completely screened from view from public rights-of-way and adjacent properties with trees and shrubs, fences, walls, earth berms or any combination thereof. ***SECTION IV. That Chapter 40. Zoning, Article X. Old Metairie Neighborhood Conservation District (OMNCD), Section 40-172(1)a.5.ii.A In General, be amended to delete subsection III., and read as follows:In general. Fences shall be permitted in the front yard of structures within the Old Metairie Neighborhood Conservation District after review and recommendation of the Old Metairie Commission and the granting of the variance by the board of zoning adjustments, provided an open design in a durable material is used. Wood and metal picket fences may be used in conjunction with low masonry walls provided the masonry portion is no greater than three (3) feet in height. Chain link fences shall not be permitted when located in the front yard of the Old Metairie Neighborhood Conservation District except as provided for in the temporary fencing section of this article.Solid fences or those fences not meeting the above criteria shall not be permitted in the front yard of structures within the Old Metairie Neighborhood Conservation District, but may be used outside the front yard to serve portions of the side yard and the rear yard of the structure.SECTION V. That Chapter 40. Zoning, Article XII. Two-Family Residential District R-2 Section 40-202. Permitted Uses, be amended to read as follows:***(3)Cemeteries provided the following criteria are met:No structure shall be permitted within the required yard area, however, in no case shall a structure be located closer than ten (10) feet to the front property line in any zoning district.All required yard areas shall be landscaped and permanently maintained.An opaque fence, living fence, or any combination thereof shall be provided at a minimum height of six (6) feet along common lot lines a living fence shall also require the construction of a chain-link fence at a minimum height of six (6) feet.Approval is obtained from the Jefferson Parish Council in accordance with Article XL, Special Permitted Uses, however, any cemetery established and/or dedicated at the time of adoption of this ordinance shall be considered conforming and shall not have to comply with the provisions of Article XL, Special Permitted Uses.***SECTION VI. That Chapter 40. Zoning, Article XIII. Three- And Four- Family Residential District RR-3 Section 40-217. Permitted Uses, be amended to read as follows:***(3)Cemeteries provided the following criteria are met:No structure shall be permitted within the required yard area, however, in no case shall a structure be located closer than ten (10) feet to the front property line in any zoning district.All required yard areas shall be landscaped and permanently maintained.An opaque fence, living fence, or any combination thereof shall be provided at a minimum height of six (6) feet along common lot lines. Additionally, a living fence shall also require the construction of a chain-link fence at a minimum height of six (6) feet.Approval is obtained from the Jefferson Parish Council in accordance with Article XL, Special Permitted Uses, however, any cemetery established and/or dedicated at the time of adoption of this ordinance shall be considered conforming and shall not have to comply with the provisions of Article XL, Special Permitted Uses.***SECTION VII. That Chapter 40. Zoning, Article XIII. Three- And Four- Family Residential District RR-3 Section 40-222. General design standards, be amended to read as follows:Parking spaces shall be oriented so that no vehicle is able to back directly into a public right-of-way. (b)In developments consisting of two (2) or more structures, the front of each adjacent structure shall be set back or forward at least two (2) feet from the structure immediately next to it. (c)The fa?ade of adjacent structures shall be varied in material and design.(d)Trash disposal.The trash disposal area shall be screened by an opaque fence.When dumpsters are utilized, the required fence shall be a minimum height of seven (7) feet.SECTION VIII. That Chapter 40. Zoning, Article XIV. Multiple-Family Residential District R-3 Section 40-237. Permitted Uses, be amended to read as follows:***(4)Cemeteries provided the following criteria are met:No structure shall be permitted within the required yard area, however, in no case shall a structure be located closer than ten (10) feet to the front property line in any zoning district.All required yard areas shall be landscaped and permanently maintained.An opaque fence, living fence, or any combination thereof shall be provided at a minimum height of six (6) feet along common lot lines. Additionally, a living fence shall also require the construction of a chain-link fence at a minimum height of six (6) feet.Approval is obtained from the Jefferson Parish Council in accordance with Article XL, Special Permitted Uses, however, any cemetery established and/or dedicated at the time of adoption of this ordinance shall be considered conforming and shall not have to comply with the provisions of Article XL, Special Permitted Uses.***SECTION IX. That Chapter 40. Zoning, Article XIV. Multiple-Family Residential District R-3 Section 40-238. Height Regulations, be amended to read as follows:***(b)Exceptions to the maximum height allowed by right for multiple-family dwellings. Multiple-family dwellings may exceed the maximum height allowed by right in this district if the building meets the following requirements in addition to all other applicable requirements of this district:***(15)Service bays and drives. To mitigate the negative effect of service areas such as noise, odor, refuse, and visual pollution, the following criteria shall apply: Service bays, service drives, and trash receptacle and dumpster areas shall not be located on any side of the development abutting one-, two-, three-, or four-family 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), or Townhouses (R1TH). In such cases where this is not possible, an additional five-foot landscaping and buffer strip shall be required in addition to the yard requirements for development that exceeds the height allowed by right in this district. Service bays and drives and trash receptacle and dumpster areas shall be oriented in such a way that in the process of loading and unloading, no vehicle will block the passage of other vehicles on the service drive or extend into any other public or private street. All service bays, loading and unloading areas, trash receptacles and dumpster areas must be screened on all sides by a wood, brick, or masonry fence with a minimum height of seven (7) feet.***SECTION X. That Chapter 40. Zoning, Article XVIII. Medical Service District H-2 Section 40-302. Permitted Uses, be amended to read as follows:***(6)Health and athletic clubs, providing the following criteria are met:The sale and service of alcoholic beverages is prohibited.There shall be no restaurant facilities. However, a health bar, which is an accessory use to the health and athletic club whose function is to offer for sale to the membership a limited selection of health related edible items, such as smoothies, juices, yogurt, soft drinks, pre-cooked food products, fruits and vegetables, is allowed. The health bar shall have no cooking facilities other than a microwave oven, occupy a maximum of ten (10) percent of the floor area of the health and athletic club, not be available for use by the general public and, further, serve no alcoholic beverages. There be at least one hundred (100) feet between any such use and buildings used as residences. The site has a minimum lot area of forty thousand (40,000) square feet.Landscaping and buffer provisions:The first twenty (20) feet of the front yard is landscaped with grass, ground cover and other landscaping material with a tree for every thirty-five (35) feet of lot frontage; A minimum five-foot strip of landscaping is located along the side and rear property lines, with a tree for every thirty-five (35) feet; A continuous barrier of hedges, ornamental fencing and/or berms with a minimum height of thirty (30) inches is provided to screen all parking areas from public view; All service areas and trash receptacles are screened by a wood, brick or masonry fence a minimum height of seven (7) feet. When such service areas or trash receptacles are located adjacent to residential development, an additional landscaped buffer strip a minimum of ten (10) feet in width is provided on that side of the property; One landscaped island is provided with a minimum of one (1) tree for every twelve (12) parking places on the site; In accordance with section 40-665, Clear vision area regulations, access way and street intersection sight triangles shall be maintained; All trees are minimum ten (10) feet in height and one and one-half (1?) inches in diameter as measured from a point four and one-half (4?) feet above ground when planted. All shrubs are a minimum of two (2) feet in height when planted; The owner, tenant or their agent maintains landscaped areas in an attractive, healthy condition and free of debris. The maximum height for any light fixture is forty (40) feet, except on the side of the development abutting residences, in which case the maximum height is twenty-five (25) feet. All light fixtures are shaded or hooped and oriented inward so as to prevent intrusion into surrounding areas. Any building consisting of a metal exterior shall be designed and constructed such that the front building face, the side building face on corner lots with street exposure, and at least five (5) feet of the adjoining side walls are finished with wood, brick, stucco, and concrete blocks with architectural treatment, glass or similar materials. Special permitted use:For health and athletic clubs not meeting the criteria outlined above due to site related or other hardships, Council approval shall be required as per Article XL, Special Permitted Uses, with the exception of section 40-764, Renewal of Special Permitted Uses. 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 health and athletic club as it relates to the above criteria.***SECTION XI. That Chapter 40. Zoning, Article XIX. Neighborhood Commercial District C-1 Section 40-322. Permitted Uses, be amended to read as follows:***(8)Cemeteries provided the following criteria are met:No structure shall be permitted within the required yard area, however, in no case shall a structure be located closer than ten (10) feet to the front property line in any zoning district.All required yard areas shall be landscaped and permanently maintained.An opaque fence, living fence, or any combination thereof shall be provided at a minimum height of six (6) feet along common lot lines. Additionally, a living fence shall also require the construction of a chain-link fence at a minimum height of six (6) feet.Approval is obtained from the Jefferson Parish Council in accordance with Article XL, Special Permitted Uses, however, any cemetery established and/or dedicated at the time of adoption of this ordinance shall be considered conforming and shall not have to comply with the provisions of Article XL, Special Permitted Uses.***SECTION XII. That Chapter 40. Zoning, Article XXI. General Offices GO-2 Section 40-362. Permitted Uses, be amended to read as follows:***(5) Clubs or churches provided the following criteria are met:a.The club or church is located at least fifty (50) feet from any adjacent residence;b.The site has a minimum lot area of twenty thousand (20,000) square feet;c.Landscaping and buffer requirements:1.The first twenty (20) feet of the front yard is landscaped with grass, groundcover and other landscaped material with a tree for every thirty-five (35) feet of lot frontage; 2.A minimum five-foot strip of landscaping is located along the side and rear property lines, with a tree for every thirty-five (35) feet; 3.A continuous barrier of hedges, ornamental fencing and/or berms with a minimum height of thirty (30) inches is provided to screen all parking areas from public view; 4.All service areas and trash receptacles are screened by a wood, brick or masonry fence a minimum height of seven (7) feet. When such service areas or trash receptacles are located adjacent to residential development, an additional landscaped buffer strip a minimum of ten (10) feet in width is provided on that side of the property; 5.One landscaped island is provided with a minimum of one (1) tree for every twelve (12) parking spaces on the site; 6.In accordance with section 40-665, Clear vision area regulations, access way and street intersection sight triangles shall be maintained; 7.All trees are a minimum ten (10) feet in height and one and one-half (1?) inches in diameter as measured from a point four and one-half (4?) feet above ground when planted. All shrubs are a minimum of two (2) feet in height when planted; 8.The owner, tenant or their agent maintains landscaped areas in an attractive, healthy condition and free of debris. ***(10) Health and athletic clubs, provided the following criteria are met: a.The sale and service of alcoholic beverages is prohibited.b.There shall be no restaurant facilities. However, a health bar, which is an accessory use to the health and athletic club whose function is to offer for sale to the membership a limited selection of health related edible items, such as smoothies, juices, yogurt, soft drinks, pre-cooked food products, fruits and vegetables, is allowed. The health bar shall have no cooking facilities other than a microwave oven, occupy a maximum of ten (10) percent of the floor area of the health and athletic club, not be available for use by the general public and, further, serve no alcoholic beverages. c.There be at least one hundred (100) feet between any such use and buildings used as residences. d.The site has a minimum lot area of forty thousand (40,000) square feet.e.Landscaping and buffer provisions:1.The first twenty (20) feet of the front yard is landscaped with grass, ground cover and other landscaping material with a tree for every thirty-five (35) feet of lot frontage; 2.A minimum five-foot strip of landscaping is located along the side and rear property lines, with a tree for every thirty-five (35) feet; 3.A continuous barrier of hedges, ornamental fencing and/or berms with a minimum height of thirty (30) inches is provided to screen all parking areas from public view; 4.All service areas and trash receptacles are screened by a wood, brick or masonry fence a minimum height of seven (7) feet. When such service areas or trash receptacles are located adjacent to residential development, an additional landscaped buffer strip a minimum of ten (10) feet in width is provided on that side of the property; 5.One landscaped island is provided with a minimum of one (1) tree for every twelve (12) parking spaces on the site; 6.In accordance with section 40-665, Clear vision area regulations, access way and street intersection sight triangles shall be maintained; 7.All trees are minimum ten (10) feet in height and one and one-half (1?) inches in diameter as measured from a point four and one-half (4?) feet above ground when planted. All shrubs are a minimum of two (2) feet in height when planted; 8.The owner, tenant or their agent maintains landscaped areas in an attractive, healthy condition and free of debris. ***SECTION XIII. That Chapter 40. Zoning, Article XXIV. Business Core District BC-2 Section 40-422. Permitted Uses, be amended to read as follows:***(16)Filling stations and service stations, provided the following criteria are met:The station is not within one hundred (100) feet of a residential district;That no parts or waste material shall be stored outside the building unless an opaque fence a minimum height of seven (7) feet is provided on all sides to completely screen the area from view from public rights-of-way and adjacent properties; That damaged vehicles awaiting servicing shall be stored in an area enclosed with a solid wood or masonry fence of such height so as to adequately screen the area from public view; There shall be a front yard having a depth of not less than fifteen (15) feet;There shall be a minimum five (5) feet landscape strip along all property lines, excluding access ways such as driveways; said landscape strip shall serve as a buffer between adjacent property and shall consist of ground cover planted with shrubs and/or trees.(17) Garages, storage and public, provided all repair operations, mechanical and body, are conducted in a building having no opening other than stationary windows, within one hundred (100) feet of a residential district and, provided further, that no parts or waste material shall be stored outside the building, provided further that damaged automobiles and/or other vehicles awaiting repair must be stored in an area enclosed with an opaque wood, brick, or masonry fence with a minimum height of eight (8) feet that completely screens the area from view from rights-of-way and adjacent properties.***(29)Printing, and publishing with printing, provided the following criteria are met:Gross floor area shall not exceed ten thousand (10,000) square feet.The maximum web or sheet size of any printing press shall be under forty (40) inches.No more than one (1) company vehicle shall be stored on the site.One (1) loading space shall be provided for each seven thousand five hundred (7,500) square feet or fraction thereof; and if located on a side abutting a residential zoning district or use, the loading space shall be screened by an opaque wood, masonry, or brick fence with a minimum height of seven (7) feet. All operations shall take place completely within a building.No outside display or storage of materials shall be allowed.The use shall comply with the parish noise ordinance and with the parish fire prevention code and parish building code for hazardous material usage and storage.***(35)Retail service and repair establishments provided that all storage and repair is confined within an enclosed structure and that all business vehicles are parked within the building or completely screened from view from public rights-or-way and adjacent properties by a wood, brick, or masonry fence with a minimum height of seven (7) feet.***(38)Accessory buildings and uses and warehouses when located on the same lot as a permitted use in this district and provided that materials or articles are not stored in an open area outside the building unless the area is completely screened from view from public rights-of-way and adjacent properties with an opaque wood, masonry, or brick fence with a minimum height of seven (7) feet.SECTION XIV. That Chapter 40. Zoning, Article XXV. Mixed Use Corridor District Section 40-443. Height regulations, be amended to read as follows:***(14)Service bays and drives. To mitigate the negative effect of service areas such as noise, odor, refuse, and visual pollution, the following criteria shall apply:Service bays, service drives, trash receptacle and dumpster areas, and support structures shall not be located on any side of the development abutting the following 1-, 2-, 3-, or 4-family 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), or Townhouses (R1TH). In such cases where this is not possible, an additional five-foot landscaping and buffer strip shall be required in addition to the yard requirements for development that exceeds the height allowed by right in this district. Service bays and drives and trash receptacle and dumpster areas shall be oriented in such a way that in the process of loading and unloading, no vehicle will block the passage of other vehicles on the service drive or extend into any other public or private street. All service bays, loading and unloading areas, trash receptacles and dumpster areas must be screened on all sides by a wood, brick, or masonry fence with a minimum height of seven (7) feet. All dumpster areas shall comply with the requirements of Chapter 16 Garbage and Other Solid Waste, Section 16-4(d) Bulk waste containers. In situations where the regulations of that chapter and the regulations of this article are in conflict, the more restrictive shall apply.***SECTION XV. That Chapter 40. Zoning, Article XXV. Mixed Use Corridor District Section 40-446. Landscape and buffer standards, be amended to read as follows:(a) General landscape and buffer requirements. Landscaping requirements in this section are minimum standards and applicable to areas used for the parking of four (4) or more vehicles to traverse back and forth to parking spaces, service bays, and loading/unloading areas. The landscaping requirements shall provide effective buffering of all vehicular use areas, including service bays, from residential development and from street view and shall serve to guide traffic. The landscaping requirements for developments that include separate multiple-family residential structures developed and integrated with other permitted uses shall be applied separately to the residential portion and the non-residential portion of the development site. Developers shall be encouraged to incorporate waterscapes, fountains, clock towers and other architectural features with landscaping to add to aesthetics and visual attraction.***(2)Perimeter of lot adjacent to abutting property.On the perimeter(s) of the lot adjacent to abutting residential property, a continuous, unbroken barrier is required for the purpose of buffering service bays, loading and unloading areas, and off-street parking or other vehicular use areas exposed to the abutting property. The barrier shall be located between the common lot line and the service bay, loading or unloading area, off-street parking or other vehicular use area, the MUCD physical structure, including support structures and the abutting property. The barrier shall be an opaque wood, masonry, or brick fence; a living fence; or any combination thereof with a minimum height of seven (7) feet. Additionally, a buffer strip consisting of a green area with a ten (10) foot minimum depth shall be provided to mitigate the effect of the Mixed Use Corridor District development on the abutting residential property. Additional buffer strip area may be required for developments greater than twenty-five thousand (25,000) square feet of building area. On the perimeter(s) of a lot adjacent to abutting non-residential property or use, a continuous unbroken buffer strip having a minimum width of five (5) feet shall be provided. ***(5)Visual clearance.Sight triangles. In accordance with section 40-665, Clear vision area regulations, access way and street intersection sight triangles shall be maintained. Fences. Fences for the purposes of this ordinance shall not be considered structures. ***SECTION XVI. That Chapter 40. Zoning, Article XXV. Mixed Use Corridor District Section 40-447. General design standards, be amended to read as follows:***(c)Service bays/drives.(1)Service bays, service drives, trash receptacle and dumpster areas, and support structures shall not be oriented on the same side of the Mixed Use Corridor District development as abutting residential property. The purpose of which is to mitigate the negative effect of such service areas, such as noise, odor, refuse, and visual pollution from residential development. In such cases where this is not possible, an additional five-foot landscaping and buffer strip shall be required in addition to that required in section 40-446(a)(2), Perimeter of Lot Adjacent to Abutting Property. (2)Service bays and drives and trash receptacle and dumpster areas shall be oriented in such a way that in the process of loading and unloading, no vehicle will block the passage of other vehicles on the service drive or extend into any other public or private street. (3)All service bays, loading and unloading areas, trash receptacles and dumpster areas must be screened on all sides by a wood, brick, or masonry fence with a minimum height of seven (7) feet. (4)All dumpster areas shall comply with the requirements of Chapter 16 Garbage and Other Solid Waste, section 16-4(d) Bulk waste containers. In situations where the regulations of that chapter and the regulations of this article are in conflict, the more restrictive shall apply. ***(g)Screening for support structures. Any part of a support structure that is not a building, other than playground equipment accessory to permitted uses in this district or those structures used for drive-up service, e.g. gas pumps, vacuum stations and ATMs, visible from street right-of-way shall be screened by a wood, brick or masonry fence with a minimum height of seven (7) feet.***SECTION XVII. That Chapter 40. Zoning, Article XXV. Mixed Use Corridor District Section 40-449. Development review procedures in the Mixed Use Corridor District, be amended to read as follows:***(b)Development existing prior to the establishment of the mixed use corridor district. Changes in use, additions or renovations to existing development established prior to the MUCD shall be reviewed by the planning department, which will determine the level of site plan review required in accordance with section 40-449(a), General Review Procedures.***(3)Landscaping and buffering standards for existing development:Changes to developments existing prior to the MUCD meeting any of the conditions for compliance specified in section 40-449(b)(1) above shall be required to landscape a minimum of ten (10) percent of the development site. The required landscaping shall generally follow landscaping requirements set in section 40-446, Landscaping and Buffer Requirements, subject to space limitations of the existing development. A portion of public right-of-way may be used to fulfill these requirements subject to approval by the department of public works, the department of parkways or other appropriate agencies. The trash disposal system shall be completely screened from view from public rights-of-way and adjacent properties by a wood, brick or masonry fence with a minimum height of seven (7) feet. ***SECTION XVIII. That Chapter 40. Zoning, Article XXVI. Commercial Parkway Overlay Section 40-476. Landscape and buffer requirements, be amended to read as follows:***(c)Perimeter of lot adjacent to abutting property. On the perimeter(s) of the lot adjacent to abutting residential property, a continuous, unbroken barrier is required for the purpose of buffering off-street parking or other vehicular use areas exposed to the abutting property. The barrier shall be located between the common lot line of the abutting property, and the off-street parking and/or other vehicular use area. The barrier shall be a minimum height of seven (7) feet consisting of opaque material such as a wood, brick, or masonry fence, an earth berm, an opaque hedge or any combination thereof. If such barrier consists of plant materials, all or in part, such plant materials shall be planted in a strip of not less than five (5) feet in width. ***(f)Service bays/drives. All service bays, loading and unloading areas, trash receptacles and dumpster area must be screened by a wood, brick or masonry fence with a minimum height of seven (7) feet. This fence is in addition to perimeter landscape requirements set in this section. Service bays and drives, trash receptacles and dumpster areas, and support buildings and structures shall not be located on the same side of the development site as residential development or structures unless a continuous fully landscaped buffer strip is located between the service area and the common lot line of the residential development or structures and shall consist of a minimum width of ten (10) feet. One (1) tree shall be provided for every thirty-five (35) feet or fraction thereof of the buffer strip and additionally planted with shrubs and groundcover, or grass, and excluding paving. Additional buffer strip area may be required, depending on the size and intensity of the commercial service area. Service bays and drives and trash receptacle and dumpster areas shall be oriented in such a way that in the process of loading and unloading, no vehicle will block the passage of other vehicles on the service drive or extend into any other public or private street. All dumpster areas shall comply with the requirements of Chapter 16 Garbage and Other Solid Waste, section 16-4(d) Bulk Waste and Storage Containers. In situations where the regulations of that chapter and the regulations of this article are in conflict, the more restrictive shall apply.***(o)Support buildings and structures. Support buildings. Any part of a support building visible from street right-of-way that is not screened by fencing or landscaping that meets the requirements of this article must have the same architectural treatment as the principal building. Support structures. Any part of a support structure that is not a building, other than playground equipment accessory to permitted uses in this district or those structures used for drive-up service, e.g. gas pumps, vacuum stations and ATMs, visible from street right-of-way shall be screened by a wood, brick or masonry fence with a minimum height of seven (7) feet.SECTION XIX. That Chapter 40. Zoning, Article XXVIII. General Commercial District C-2 Section 40-522. Permitted Uses, be amended to read as follows:***(10)Garages, public storage and repairs, provided all repair operations, mechanical and body, are conducted in a building having no opening other than stationary windows, within one hundred (100) feet of a residential district and, provided further, that no parts or waste material shall be stored outside the building, provided further that damaged automobiles and/or other vehicles awaiting repair must be stored in an area completely screened from view from public rights-of-way and adjacent properties by an opaque wood, brick or masonry fence with a minimum height of seven (7) feet.***(19) Printing, and publishing with printing, provided the following criteria are met:Gross floor area shall not exceed ten thousand (10,000) square feet.The maximum web or sheet size of any printing press shall be forty (40) inches.No more than one (1) company vehicle shall be stored on the site.One (1) off-street loading space shall be provided for each seven thousand five hundred (7,500) square feet or fraction thereof. All operations shall take place completely within a building.No outside display or storage of materials shall be allowed.The use shall comply with the parish noise ordinance and with the parish fire prevention code and parish building code for hazardous material usage and storage.***(23)Trade service and repair establishments, employing not more than ten (10) persons on the premises exclusive of routemen, drivers and other employees who spend the greater part of their working time away from the premises, to include printing, electrical, plumbing, bicycle repair, television, radio and appliance repair and other similar services, and provided further all parts and waste material be stored in an area completely screened from view from public rights-of-way and abutting properties with an opaque wood, brick or masonry fence with a minimum height of seven (7) feet.***SECTION XX. That Chapter 40. Zoning, Article XXVIII. General Commercial District C-2 Section 40-523. Height regulations, be amended to read as follows:***(b)Exceptions to the maximum height allowed by right for buildings with multiple dwelling units. Multiple dwelling units may exceed the maximum height allowed by right in this district if the building meets the following requirements in addition to all other applicable requirements of this district:***(14)Service bays and drives. To mitigate the negative effect of service areas such as noise, odor, refuse, and visual pollution, the following criteria shall apply: Service bays, service drives, and trash receptacle and dumpster areas shall not be located on any side of the development abutting the following one-, two-, three-, or four-family 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), or Townhouses (R1TH). In such cases where this is not possible, an additional five-foot landscaping and buffer strip shall be required in addition to the yard requirements for development that exceeds the height allowed by right in this district. Service bays and drives and trash receptacle and dumpster areas shall be oriented in such a way that in the process of loading and unloading, no vehicle will block the passage of other vehicles on the service drive or extend into any other public or private street. All service bays, loading and unloading areas, trash receptacles and dumpster areas must be screened on all sides by a wood, brick, or masonry fence with a minimum height of seven (7) feet.***SECTION XXI. That Chapter 40. Zoning, Article XXXI. Industrial District M-2 Section 40-582. Permitted Uses, be amended to read as follows:***(60)Recycling facilities shall be permitted, providing that the following criteria are met:All unloading, processing, bailing, or other activities shall be conducted entirely within an enclosed building. All materials to be recycled shall be stored and monitored adequately to minimize contamination of the environment, particularly, adjacent properties. 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. 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. ***SECTION XXII. That Chapter 40. Zoning, Article XXXII. Industrial District M-3 Section 40-602. Permitted Uses, be amended to read as follows:***(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: ***c. Manufacturing establishments engaged in the following activities may be allowed as a special permitted use:***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. ***SECTION XXIII. That Chapter 40. Zoning, Article XXXIV. Unrestricted District U-1 Section 40-642. Height regulations, be amended to read as follows:***(14)Clay extraction and borrow pit operations provided the following minimum criteria are met:***All excavation sites or borrow pits shall be secured with a chain-link fence topped with barbed wire with a minimum height of six (6) feet and a self-closing gate with a locking device at each opening to prevent unauthorized access to the site.All areas of operation shall be completely screened from view from public rights-of-way and adjacent properties by trees and shrubs, fences, walls or earth berms or any combination thereof. ***SECTION XXIV. That Chapter 40. Zoning, Article XXXV. Off-Street Parking, Loading, And Clear Vision Area Regulations Section 40-661. General requirements, be amended to read as follows:***(b)On any residential site, school buses may be parked on private property subject to the following conditions:***Each school bus must be screened by an opaque wood, brick, masonry, or living fence with a minimum height of seven (7) feet. ***(g)Recreational vehicles and recreational watercraft may be parked or stored on the sites of single-, two-, three-, or four-family dwellings including manufactured homes and townhouses, subject to the following conditions:***Screening requirements:Recreational vehicles and recreational watercraft must be screened by a living fence or an opaque wood, brick, vinyl or masonry fence with a minimum height of six (6) feet or any combination thereof. Living fences shall be at least two (2) feet in height when planted and must be at least a height of six (6) feet within two (2) years and create a continuous opaque buffer. Recreational vehicles and recreational watercraft stored completely underneath a freestanding carport or shelter in which at least the two (2) longest sides are covered halfway from the structure's peak height to grade are exempt from the screening requirements of this section. ***SECTION XXV. That Chapter 40. Zoning, Article XXXVII. Nonconforming Uses Section 40-699. Change in use, be amended to read as follows:***(b)Nonresidential districts. A nonconforming use may be changed to a similar and/or more restrictive nonconforming use in any nonresidential zoning district in accordance with the regulations of the district in which it is located. A nonconforming use shall be considered similar or more restrictive if the following conditions related to the intensity of the use or public safety are met:Off-street parking requirements are not increased;Required height and area requirements are not changed;Service areas, including loading and unloading areas, are not increased, and a wood, brick or masonry fence a minimum height of seven (7) feet is installed between the service area of the nonconforming use and any abutting residential development or residential zoning district; ***SECTION XXVI. That Chapter 40. Zoning, Article XXXVII. Nonconforming Uses Section 40-701. Restoration of nonconforming uses, be amended to read as follows:***(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:***Sufficient buffers to protect conforming uses are provided in accordance with the following requirements and subject to existing space limitation: Perimeter of a lot abutting residential property. 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. 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. 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. 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. 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. Parking. 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. All vehicular use areas, including parking spaces, drives and service drives shall consist of hard-surface material. The buffer standards contained within this subsection shall not apply to nonconforming single-family and two-family dwellings. All applicable parish, state, and federal codes shall be met.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.SECTION XXVII. That Chapter 40. Zoning, Article XXXIX. Exceptions And Modifications, Section 40-742. Exceptions and modifications to use regulation, be amended to delete subsection c. Fences, and to renumber as needed, to read as follows:Power plants, heating and refrigerating plants, or apparatus or machinery which are accessory to permitted uses in the S-1, Suburban District and in the R-1, R-2, RR-3 and R-3, Residential Districts shall be permitted in these districts only if so placed and operated to cause the least inconvenience to owners and tenants of adjoining property; and provided that the above-mentioned activities comply with existing ordinance and do not cause serious annoyance or injury to occupants of adjoining premises by reason of the emission of odors, fumes or gases, dust, smoke, noise or vibration, light or glare, or other nuisances.Existing railroads and utilities may continue to be operated and maintained in residential and commercial districts, but no new railroad or utility structure other than the usual poles, transformers, and similar appurtenances, wires, underground utilities, electric sub-station and gas metering and pressure regulating stations shall be established in such districts except when so authorized by the inspection and code enforcement director.Temporary buildings used in conjunction with construction work only may be permitted in any district during the period the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.Coin-operated gaming device(s) are prohibited in any establishment within three hundred (300) feet of a church, playground or school as measured from any property line; however, those existing establishments containing and operating gaming device(s) within three hundred (300) feet of a church, playground or school who discontinue operation will have six (6) months from discontinuance date to reestablish their operation, after which time the operation of such gaming device(s) in these establishments is not permissible. This six-month time period does not apply if the gaming device(s) have been physically removed from the establishment.Incineration devices shall be prohibited within three hundred (300) feet of any residential zoned property.SECTION XXVIII. That Chapter 40. Zoning, Article XXIX. Exceptions And Modifications, be amended to add Section 40-743.5. Regulations for fences, to read as follows:In GeneralIn the event that the regulations in this section are in conflict with the regulations of the applicable zoning district, the more restrictive regulations, including 40-665, Clear Vision Area, shall apply. Where elements in this section are not addressed in the regulations of an applicable zoning district, the regulations in this section shall apply.Height. A fence not to exceed a height of eight (8) feet may be erected along lot lines, in each side yard or side area when placed in alignment approximately parallel to the front lot line and connecting the main building with a fence on or along a side lot line, or around a yard, except a fence within a front yard shall be subject to the provisions in the following subsection.129540067945Fig. 40.743.5.1 – Fence Height and Measurement00Fig. 40.743.5.1 – Fence Height and MeasurementMeasurement. Fence height shall be measured from the lowest elevation of soil adjacent to the fence and shall include the height of chain, retaining or low masonry walls.Orientation. Along street rights-of-way, except freeways and interstates as defined by the Jefferson Parish Thoroughfare Plan, all non-decorative posts, horizontal posts, cross-members, and similar unfinished components shall be oriented inward to the lot on which the fence is located.27622517780Fig. 40.743.5.2 – Fence Orientation00Fig. 40.743.5.2 – Fence OrientationShy Distance. Fences shall be setback a minimum of one (1) foot from sidewalks. In accordance with Chapter 29, Roads and Bridges, fences shall not be constructed closer to the street or sidewalk than the lot line without approval from the Department of Public Works.Gates, when fully open, may not extend into the sidewalk area or any other portions of the right-of-way without approval by the Department of Public Works.Drainage. No fence shall prevent the proper drainage of any lot. For parking areas. Approval from the Department of Inspection and Code Enforcement shall be obtained prior to fencing parking areas in commercial districts or parking areas for commercial uses.(b) Fence in the Front Yard A front yard shall not be fenced or otherwise enclosed unless a variance is granted by the board of zoning adjustments in accordance with Article XLII, Board of Zoning Adjustments (BZA), of this Chapter, and the following criteria are met: Portions above three (3) feet shall meet the definition of an open fence. Fence columns shall be no more than eighteen (18) inches in width, depth, or diameter and shall be spaced no closer than five (5) feet on center. Living fences shall not exceed a height of three (3) feet. In granting or denying the request for a fence in the required front yard, the BZA may consider how the proposed fence conforms to the characteristics of existing fences in the immediate area and, except to maintain conformity with existing fences, a minimum setback of three (3) feet from the front lot line shall be provided. The immediate area is defined as consisting of one (1) street block on the same side of the street and not more than three hundred (300) feet from the subject property.Fence on Through Lot, Corner LotLots which front a major or minor arterial, or collector street, as shown in the Jefferson Parish Thoroughfare Plan, and also front a second street may fence the front yard adjoining the major or minor arterial, or collector street, upon approval by the BZA; or Lots which are part of an approved subdivision plan and have had access restricted to an interior street by ordinance shall be considered as single front lots with the rear yard adjoining the major or minor arterial, or collector street.(d) Exceptions to Fence Height2825751193800Fig. 40.743.5.3 – Height for sloping grades.00Fig. 40.743.5.3 – Height for sloping grades.Sloping grades. When a fence is to be built along a sloping grade, the maximum height may be averaged across stepped, six (6) foot segments to allow the fence to follow the natural rise and fall of the slope. For uniform height, fence height may be increased one (1) inch for every twenty (20) feet in fence length. No portion of the fence shall exceed nine (9) feet. Architectural Features. When in combination with a fence, archways, gates, columns and posts, including caps and similar decorative elements shall not exceed eight and one half (8 1/2) feet in height. Recreational Areas. Open chain link fences with a maximum height of twelve (12) feet may enclose recreational areas such as basketball courts, tennis courts, volleyball courts and other similar uses, when not located in the required front yard and have the setback required for accessory structures of the zoning district in which it is located. (e) Fence Required for Specific UsesGenerally. In the event that the regulations for a specific use within a zoning district conflict with the following, the regulations for the specific use shall apply.Property which abuts residential property.Nonresidential development. The property owner obtaining a building permit for a nonresidential lot abutting a residential zoning district shall erect an opaque wood, brick, or masonry fence with a minimum height of seven (7) feet on the common lot line of the nonresidential lot abutting a residential zoning district in a manner that screens the area from view from public rights-of-way and adjacent properties. Nonresidential uses in residential zonings districts may fulfill this requirement with vegetative screening that shall be a minimum two (2) feet in height when planted and must be a minimum height of six (6) feet within two (2) years and create a continuous opaque barrier.Three-, four-, and multi-family residential development. The property owner obtaining a building permit for a three-, four-, or multi-family residential use shall erect an opaque wood, brick, or masonry fence with a minimum height of seven (7) feet on the common lot line of the three-, four-, or multi-family residential lot abutting a single- or two- family residential lot in a manner that screens the area from view from public rights-of-way and adjacent properties. This requirement may be fulfilled with vegetative screening that shall be a minimum two (2) feet in height when planted and must be a minimum height of six (6) feet within two (2) years and create a continuous opaque barrier.Junkyards. A junkyard for the storage of wrecked automobiles, abandoned machinery, and other discarded items shall be enclosed by a feather-edge board fence, a solid masonry fence, or similar opaque fence, with a minimum height of eight (8) feet, to completely screen the area from view from public rights-of-way and adjacent properties. SECTION XXIX. That Chapter 40. Zoning, Article XLII. Board Of Zoning Adjustments, Section 40-792. Powers of the board, be amended to read as follows:***(4)Additional conditions and restrictions. May impose such conditions and restrictions upon the premises benefited by a variance or exception as may be necessary to comply with the standards set forth in this section to reduce or minimize any injurious or adverse effects of such variance or exception upon other property in the neighborhood, and to better carry out the general intent of this ordinance, including the following conditions and restrictions:***Exterior wall materials.If the board of zoning adjustments grants a variance to the exterior wall materials of a one-, two-, three-, or four-family dwelling, prohibited materials shall occupy less than fifty (50) percent of the total surface area (excluding openings) of any single wall, as documented by the required drawings. If the board of zoning adjustments grants a variance to the exterior wall materials of a nonresidential building in a one-, two-, three-, or four-family residential district, all the following criteria shall be met:***For buildings within ten (10) feet of a rear or side lot line abutting a dwelling in a one-, two-, three-, or four-family residential district: The building shall not exceed nineteen (19) feet in height; andA continuous barrier a minimum height of seven (7) feet consisting of residentially compatible materials and/or vegetation shall be required at the property line. Vegetative screening shall be at least two (2) feet in height when planted and must be at least six (6) feet in height within two (2) years of planting and create a continuous opaque buffer. An exterior all which fronts on and is within sixty (60) feet of a street right-of-way shall not have an uninterrupted expanse of more than twenty-five (25) feet where it fronts on the right-of-way. At least two (2) of the following features shall be employed to visually break up the wall: ***Landscaping that helps to visually break up the mass of large buildings and long walls. At least one (1) of the following options shall be employed: For every twenty (20) feet of wall length or fraction thereof, one (1) tree is provided. Each tree shall be planted in at least a twenty-five (25) square foot planting area adjacent to the wall and shall be landscaped with grass, ground cover, or other landscaping. Trees shall be a minimum of ten (10) feet in height with a two (2) inch caliper trunk measured at breast height when planted and must be at least sixteen (16) feet in height within two (2) years of planting. A continuous barrier with a minimum height of seven (7) feet consisting of residentially compatible materials and/or vegetation shall be required at the property line. Vegetative screening shall be at least two (2) feet in height when planted and must be at least six (6) feet in height within two (2) years of planting and create a continuous opaque buffer. ***SECTION XXX. That the Municipal Code Corporation is hereby authorized and directed to correct any cross-references within the code that are affected by the renumbering of sections or subparagraphs via this ordinance.This ordinance having been submitted to a vote, the vote thereon was as follows:YEAS: NAYS: ABSENT: This ordinance was declared to be adopted on the _____day of ______________, and shall become effective as follows, if signed forthwith by the Parish President, ten (10) days after adoption; thereafter, upon the signature by the Parish President, or, if not signed by the Parish President, upon expiration of the time for ordinances to be considered finally adopted without the signature of the Parish President, as provided in Section 2.07 of the Charter. If vetoed by the Parish President and subsequently approved by the Council, this ordinance shall become effective on the day of such approval. ................
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