On joint motion of ______, the following resolution was offered:
RESOLUTION NO.
A resolution requesting and authorizing the Planning Department and the Planning Advisory Board to conduct a study of the text of Chapter 33 Unified Development Code, and Chapter 40 Zoning of the Code of Ordinances of the Parish of Jefferson, with the intent of evaluating, clarifying, and amending regulations pertaining to theaters, signage, landscaping, parking, building treatments, window transparency, setbacks, and site plan review procedures in the Fat City zoning districts; adopting interim development standards during the study; and providing for related matters. (District 5)
WHEREAS, in administering the Fat City zoning regulations since their adoption by Ordinance No. 23881 on September 22, 2010, the departments of planning and inspection and code enforcement have identified provisions that need to be clarified and amended to improve administration and enforcement; and
WHEREAS, amendments to the code are necessary to realize the goals of the Fat City Strategic Redevelopment Plan adopted by Ordinance No. 23627 in 2009, which aim to foster a vibrant, pedestrian-oriented, mixed-use neighborhood in the commercial heart of Jefferson Parish.
NOW, THEREFORE, BE IT RESOLVED by the Jefferson Parish Council, Jefferson Parish, Louisiana, acting as governing authority of said Parish:
SECTION I. That the Planning Department and the Planning Advisory Board are hereby authorized to conduct a study of the text of Chapter 33 Unified Development Code, and Chapter 40 Zoning, with the intent of evaluating, clarifying, and amending regulations pertaining to theaters, signs, landscaping, parking, building materials, window transparency, setbacks, and site plan review procedures in the Fat City zoning districts; and providing for related matters.
SECTION II. That interim zoning regulations are hereby in effect that define ‘theater’ as an enclosed building or part of an enclosed building in which the principal use is motion picture viewing or the production of live theatrical presentations and dance, dinner theater, or live musical entertainment.
SECTION III. That interim zoning regulations are hereby in effect that permit theaters (LBCS function code 5110) in the FC-1 Pedestrian Core District and FC-3 Commercial Mixed-Use District subject to the following supplemental use regulations:
1. Prohibition. Theaters shall not function as adult uses as defined in Chapter 40 of this code; however, nothing contained in these regulations shall be construed to limit the exhibition, presentation, showing or performance of any play, ballet, drama, or motion picture in any theater, which is primarily devoted to such exhibitions, presentations, show or performances as a form of expression of opinion, communication, speech, ideas, information, drama, or art, as differentiated from commercial or business advertising, promotion or exploitation of nudity or obscene live conduct for the purpose of advertising, promoting, selling or serving products or services or otherwise advancing the economic welfare of a commercial business or business enterprise such as a hotel, motel, bar, nightclub, restaurant, tavern or dance hall.
2. Size. In the FC-1 zoning district, theaters shall be limited to a maximum total capacity of 200 persons and to a single-screen for motion picture films.
3. Accessory uses.
a. Food services. The sale of food and beverages for consumption on the premises shall be permitted.
b. Alcoholic Beverages. Holding bars shall be permitted, provided the bar meets the regulations for size, hours of operation, and external entrance in Section 33.3.5 (a)(3)(e).
c. Fine and performing arts education. Fine and performing arts education (LBCS function code 6145) shall be permitted as an accessory use in the FC-1 zoning district provided classes not exceed seventeen (17) students.
4. Nuisances.
a. All doors and windows shall be closed while a performance or presentation is in progress.
b. Unless the Council issues a special event permit, the production of music shall not be permitted outside the theater building.
c. Theaters shall comply with provisions for litter control and soundproofing as provided in Section 33.3.5 (a)(3)(e).
SECTION IV. That interim zoning regulations are hereby in effect that amend the definition of adult use, located in Section 40.3 Definitions, to read as follows: Adult use shall mean an establishment consisting of, including, or having the characteristics of any of the following: adult establishment, adult cabaret, massage parlor, tattoo parlor, or adult motion picture theater.
SECTION V. That interim zoning regulations are hereby in effect that define ‘adult motion picture theater’ as an enclosed building used for presenting material distinguished or characterized by an emphasis on the “obscene,” as defined in Section 20-75 of this code, for observation by patrons therein.
SECTION VI. That in Fat City zoning districts interim zoning regulations are hereby in effect that openings and window transparency calculations shall be independently computed for and applied to each street-facing building façade and shall not include building facades that are both visible from and perpendicular to a street, as shown by a graphic prepared by the Planning Department titled “Figure A,” which is hereby made part of this resolution.
SECTION VII. That in Fat City zoning districts interim zoning regulations are hereby in effect that allow the Planning Director to adjust requirements for building setbacks and openings for raised buildings in order to accommodate base flood elevation [BFE] requirements, to facilitate the transition between sidewalks and raised buildings, or to establish a more functional pedestrian environment; such adjustments shall be the minimum amount needed to meet these objectives and the goals of the Fat City plan.
SECTION VIII. That in the FC-1 zoning district interim zoning regulations are hereby in effect that ground floor windows shall be constructed of non-reflective, clear, or lightly tinted glass with at least eighty (80) percent transparency; however, decorative or stained glass may fulfill transparency requirements upon approval of the Planning Director. Tinting above twenty (20) percent or reflective glass is prohibited. Materials such as opaque, frosted, or darkly tinted glass or glass block are not considered to be transparent.
SECTION IX. That in the FC-2 and FC-3 zoning districts interim zoning regulations are hereby in effect that windows may be constructed of semi-transparent, mirrored, frosted, reflective, or decorative glass provided they are located on above-ground floors or on ground floors that are setback a minimum of ten (10) feet from the public right-of-way.
SECTION X. That in the Fat City zoning districts interim zoning regulations are hereby in effect that at least eighty (80) percent of building facades visible from the street, excluding window and door area, shall be constructed of brick, stone, stucco, textured masonry, wood, or architectural pre-cast concrete. Additional building materials not listed as permitted materials may be used subject to the approval of the Planning Director, with the exception of the following prohibited building materials:
1. Plain concrete block
2. Aluminum, steel or other metal sidings
3. Metal wall panels; however metal is permitted as a spandrel material
4. Exposed aggregate (rough finish) concrete wall panels
5. Exterior insulating finish systems (EIFS) or synthetic stucco
6. Plastic
7. Vinyl
SECTION XI. That in Fat City zoning districts interim zoning regulations are hereby in effect that requirements for exterior wall materials shall be independently computed for and applied to each building façade. Applicable facades shall include street-facing facades and facades both visible from and perpendicular to the street, as shown by a graphic prepared by the Planning Department titled “Figure B,” which is hereby made part of this resolution. When a façade is perpendicular to the street and more than one hundred (100) square feet of the façade is visible from the street, the entire façade area shall be required to comply with regulations for exterior wall materials.
SECTION XII. That in the Fat City zoning districts interim zoning regulations are hereby in effect that require site plan review by the Planning Department for any development, as defined in Section 33-10.1 Definitions, except that the following activities shall not be subject to site plan review by the Planning Department:
1. Interior renovations; or
2. Any routine exterior maintenance as determined by the Department of Inspection and Code Enforcement, including excavating, filling, or grading; or
3. Change of use that does not require an increase in required parking; or
4. Sign permits for signs meeting all requirements of the applicable Fat City zoning district.
SECTION XIII. That in the FC-1 zoning district interim zoning regulations are hereby in effect that permit one (1) wall sign with a maximum sign area of fifty (50) square feet on buildings that are 1) setback a minimum of twenty (20) feet from the public right-of-way and 2) were constructed before the adoption of Ordinance No. 23881 on September 22, 2010.
SECTION XIV. That interim zoning regulations are hereby in effect that allow a business located on a corner lot fronting on West Esplanade or Severn Avenues to have a total of two (2) wall or projecting signs provided that:
1) The total area of all wall or projecting signs shall not exceed 150% of the permitted sign area measured along the building face that contains the main entrance of the business; and
2) No more than one (1) wall or projecting sign shall be located on each street-facing building façade; and
3) Neither sign shall exceed one hundred (100) square feet of total sign area; and
4) When the main entrance of the building is located on a building corner, the permitted sign area shall be measured along the building face associated with the business address; and
5) Businesses located on a corner lot within a multi-tenant building that fronts on West Esplanade or Severn Avenues shall not be permitted an additional wall or projecting sign.
SECTION XV. That in the Fat City zoning districts interim zoning regulations are hereby in effect that clarify the allowance of one (1) wall or projecting sign for each business that has its main entry from a sidewalk or exterior walkway.
SECTION XVI. The interim zoning regulations set forth in this resolution are in accordance with and by the authority of Sec. 33-2.23 and Sec. 40-880 of the Jefferson Parish Code of Ordinances providing, in pertinent part, that when a zoning or land use study has been initiated by resolution of the Jefferson Parish Council and pending final disposition of said amendment, supplement, change, zoning or land use study, interim development standards may be established that provide for reasonable approval conditions for certain types of development applications that would be otherwise affected by the study for one (1) year, which may be extended by the Jefferson Parish Council for not longer than one (1), six (6)-month period.
SECTION XVII. That the Council Chairman or in his absence the Vice-Chairman be and is authorized to execute any and all documents necessary to give full force and effect to this resolution.
The foregoing resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: NAYS: ABSENT:
The resolution was declared to be adopted on this the 30th day of January, 2013.