DEPARTMENT OF PLANNING JEFFERSON PARISH, LOUISIANA

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1 Docket No. TXT-1-16 Summary No.: DEPARTMENT OF PLANNING JEFFERSON PARISH, LOUISIANA ZONING AND COMPREHENSIVE PLAN TEXT STUDY REPORT Recreational Vehicle and Watercraft Parking outside Hurricane Protection Levee and Growth Limit Line DOCKET NO. TXT-1-16 ADVERTISING DATES: 12/23/15 12/30/15 01/06/16 SUMMARY NO PAB PUBLIC HEARING: 01/14/16 01/28/16 COUNCIL DISTRICT(S): Parishwide COUNCIL AT LARGE: A: Christopher L. Roberts B: Cynthia Lee-Sheng COUNCIL HEARING: 02/17/16 LAST DAY TO SUBMIT ORDINANCE: 04/20/16 LAST MEETING FOR COUNCIL ACTION: 05/11/16 STUDY REQUEST Council Resolution No , adopted on October 22, 2014, extended by Resolution No , adopted on September 23, 2015, authorized the Planning Department and the Planning Advisory Board to conduct a study of the text of Chapter 25, Article VI Comprehensive Plan, Chapter 33 Unified Development Code, Chapter 36 Traffic and Motor Vehicles, and Chapter 40 Zoning, of the Code of Ordinances of Jefferson Parish, to evaluate and amend existing regulations for the parking and storage of recreational vehicles and watercraft, adopt an interim development standard during the course of the study, and provide for related matters. SUMMARY OF FINDINGS 1. In 2010 the Parish Council adopted parking and storage standards for recreational vehicles (RVs) and watercraft to reduce the impact of RVs and recreational watercraft on neighboring properties, which included an exemption from these regulations for watercraft located on the unprotected side of the Pontchartrain and West Bank Hurricane Protection Levees, Mississippi River and Tributaries Flood Protection Levee, and Jefferson Parish Urban Growth Limit Line. 2. In 2014 the Parish Council adopted an interim development standard which exempted recreational vehicles (RVs) parked or stored on sites located on the unprotected side of the West Bank Hurricane Protection Levee, from the parishwide recreational vehicles and watercraft parking regulations in Section (g). 3. The regulations for parking and storage of RVs and watercraft are applicable when parked or stored on the sites of single-, two-, three-, or four-family dwellings including manufactured homes and townhouses. 4. In general, Sec (g) sets forth on-site storage requirements including setback, screening, maintenance of surface surrounding storage, and private garage and carport regulations. It also regulates other aspects of storing a RV or watercraft on-site including prohibition on occupancy when stored and requiring stored RVs and watercraft to be in operable condition. Finally, Sec (g) delineates authority for hardship, variances, and violation citations of the regulations, and exemption from the regulations for watercraft when the site is located on the unprotected side of the Pontchartrain and West Bank Hurricane Protection Levees, Mississippi River and Tributaries Flood Protection Levee, and Jefferson Parish Urban Growth Limit Line. 5. According to the American Community Survey (ACS), a notable portion of the population on the unprotected side of the West Bank Hurricane Protection Levee is involved in fishing, agricultural and forestry-related occupations. Fishing in these areas is also a common form of recreation. The opportunities for recreational fishing support economic development in the area. 6. ACS data also shows that residents in the study area use watercraft as a mode of transportation. Many households have direct access from their property to adjacent waterways. Additionally, those properties outside the West Bank Hurricane Protection Date Revised: 1/29/2016 Planning Department Page 1 Date Printed: 1/29/2016 Jefferson Parish, Louisiana YLB

2 Docket No. TXT-1-16 Summary No.: Levee are particularly vulnerable to flood events. 7. Staff of the Planning Department conducted a site visit to the portion of the parish outside the West Bank Hurricane Protection Levee. This site visit demonstrated that required screening of recreational watercraft or recreational vehicles would be contrary to community character since staff observed few fences, due in part to large site sizes and low residential density. 8. Additionally, required screening in the form of fences could result in additional property damage during a flood event. 9. To maintain community character and minimize property damage, the Planning Department recommends that RVs be exempt from the screening regulations of Section (g) (7) outside the West Bank Hurricane Protection Levee and maintain the exemption for watercraft outside the Pontchartrain and West Bank Hurricane Protection Levees, Mississippi River and Tributaries Flood Protection Levee. 10. The Urban Growth Limit Line is located on the west bank of Jefferson Parish for the purpose of protecting coastal resources and reducing the risk of flood damage to urban development and parish infrastructure by limiting growth to areas located on the protected side of the West Bank and Vicinity Hurricane Protection Levee and within designated areas of Crown Point, Barataria and Lafitte. The wording of the current exemption could be interpreted that the exemption applies to those properties outside both the Urban Growth Limit Line and the West Bank Hurricane Protection Levee, but the intent of the exemption is to accommodate recreational watercraft and RVs for areas within the Urban Growth Limit Line, but outside the West Bank Hurricane Protection Levee. The Planning Department recommends clarifying this by deleting reference to the Urban Growth Limit Line as a boundary. 11. The size and shape of recreational vehicles can create obstruction and reduce visibility. Therefore, the on-site location of parking for recreational vehicles requires greater consideration than recreational watercraft. Therefore, the Planning Department recommends that the exemption from setback requirements of Section (g) (2) only apply to recreational watercraft. Additionally, since watercraft are exempt from the setback regulations, the allowance via Section (g) (3) for locating anywhere onsite for 24-hours to allow loading and unloading is not necessary. 12. The Planning Department s recommendation includes clarification that RVs and watercraft outside the Pontchartrain and West Bank Hurricane Protection Levees, Mississippi River and Tributaries Flood Protection Levee are not exempt from the maintenance of surface surrounding storage, prohibition on occupancy when stored, and requirement that stored RVs and watercraft be in operable condition. Additionally, Planning recommends that the private garage and carport regulations of Sec (g) still be applicable outside the Pontchartrain and West Bank Hurricane Protection Levees, Mississippi River and Tributaries Flood Protection Levee. These provisions remain appropriate to ensure public health, safety, and general welfare. 13. The Planning Department s recommendation also includes clarification of the delineation of authority for hardship, variances, and violation citations of the regulations. PLANNING DEPARTMENT RECOMMENDATION: The Planning Department recommends the following text changes to Chapter 40 Zoning: That Sec (g) (8) and (9) of Article XXXV Off-Street Parking, Loading, and Clear Vision Area Regulations in Chapter 40 Zoning of the Code of Ordinances be amended to read as follows: * * * (8) Any property owner citing hardship in complying with the provisions of Sec (g) not explicitly under the Board of Zoning Adjustments authority, and any citations issued for the violation of any of the provisions of Sec (g) shall be adjudicated by the Jefferson Parish Bureau of Administrative Adjudication as set forth in Sec of the Code of Ordinances, unless the provision is under the authority of the Board of Zoning Adjustments (BZA) per Article XLII of this Chapter (See Table ). Table Authority over Hardship, Variances, or Citations for RVs and Recreational Watercraft Parking Bureau of Administrative Hardship or Citation Restriction on Living in RV or Watercraft (40-661(g)(1)) Adjudication Hardship or Citation 24-Hour Temporary Parking Limit Date Revised: 1/29/2016 Planning Department Page 2 Date Printed: 1/29/2016 Jefferson Parish, Louisiana YLB

3 Docket No. TXT-1-16 Summary No.: (BAA) (40-661(g)(3)) Hardship or Citation Condition of vehicles and parking area (40-661(g)(4)) Hardship or Citation Screening Requirements except fence height (40-661(g)(7)) Board of Zoning Variance Setback Requirements (40-661(g)(2)) Adjustments (BZA) Variance Exterior Wall Material of Vertical Surfaces on Carports (40-661(g)(6)) Variance Fence Height (40-661(g)(7)) (9) Exemptions: a. Recreational watercraft parked or stored on sites located on the unprotected side of the Pontchartrain and West Bank Hurricane Protection Levees, Mississippi River and Tributaries Flood Protection Levee, and Jefferson Parish Urban Growth Limit Line are exempt from the provisions of subsections (2), (3), and (7) of Sec (g). b. Recreational vehicles parked or stored on sites located on the unprotected side of the West Bank Hurricane Protection Levee are exempt from the provisions of subsection (7) of Sec (g). PLANNING ADVISORY BOARD RECOMMENDATION: The Planning Advisory Board recommended Approval (See PAB Minutes). PLANNING DEPARTMENT ANALYSIS Background The unregulated outdoor parking and storage of recreational vehicles and watercraft can potentially create nuisance, hazard and detrimental influence upon the public health, safety and general welfare of the community by obstructing the view on streets and private property, creating cluttered and otherwise unsightly areas, and otherwise adversely affecting residential property values and neighborhood maintenance and improvement. The Parish Council adopted parking and storage standards for recreational vehicles and watercraft to reduce the impact of these on neighboring properties in 2010, as a result of the study findings of TXT The Council also adopted an exemption from these regulations for recreational watercraft parked on areas located on the unprotected side of the Pontchartrain and West Bank Hurricane Protection Levees, Mississippi River and Tributaries Flood Protection Levee, and Jefferson Parish Urban Growth Limit Line, due to the significance of watercraft to the economy, culture and geography of the area. The Parish Council called a subsequent study with Council Resolution No in 2014 for further evaluation of the existing watercraft and recreational vehicles parking regulations, and adopted the interim standard for exemption of recreational vehicles parked in areas located on the unprotected side of the Westbank and Vicinity Hurricane Protection Levee from parking regulations in Section (g). Existing Regulations The existing regulations for parking of recreational vehicles and recreational watercraft in Section (g) prohibit the use of these for living purposes. Recreational vehicles and recreational watercraft are required to be parked behind the principal structure or 60 feet from the front property lot line. Minimum side and rear setbacks are dependent on the height of the watercraft and recreational vehicles. Based on a smaller setback or excessive height, additional screening is required from adjacent property. Living fences, or opaque wood, brick, vinyl or masonry fences with a minimum height of six (6) feet are screening requirements. Section (g) also includes a prohibition on inoperable vehicles and a limitation on hours for loading and unloading. Unique regulations for private garages and detached carports or shelters apply to those housing recreational vehicles and watercraft with regulations addressing maximum height, setbacks, and exterior wall material. The regulations specify that the Board of Administrative Adjudication (BAA) has authority over any hardship or citations issued for violation of the parking regulations, except for those regulations already under the authority of the Board of Zoning Adjustments (BZA). Finally, due to the greater significance of watercraft to the economy, Date Revised: 1/29/2016 Planning Department Page 3 Date Printed: 1/29/2016 Jefferson Parish, Louisiana YLB

4 Docket No. TXT-1-16 Summary No.: culture, and geography of the areas outside of the levee protection system and growth limit line, they are currently exempt from all regulations related to parking of recreational watercraft. For the specifics of the regulations, see the entirety of Sec (g) in the Appendix of this report. Current Issues In addition to recreational watercraft, recreational vehicles require special consideration in the the areas outside the West Bank Hurricane Protection Levee. Staff of the Planning Department conducted a site visit to the portion of the parish outside the West Bank Hurricane Protection Levee. This site visit demonstrated that required screening of recreational watercraft or recreational vehicles would be contrary to community character since staff observed few fences, due in part to large site sizes and low residential density. Additionally, required screening in the form of fences could result in additional property damage during a flood event, which occurs in this area. As written, the current exemption for watercraft is applicable to all the regulations of Sec (g) which the Planning Department believes is too broad. Regulations such as those prohibiting living in an RV or watercraft, regulations for private garages and carports housing RVs and watercraft should still be applicable, even outside of the levee protection system. The Urban Growth Limit Line is located on the west bank of Jefferson Parish for the purpose of protecting coastal resources and reducing the risk of flood damage to urban development and parish infrastructure by limiting growth to areas located on the protected side of the West Bank and Vicinity Hurricane Protection Levee and within designated areas of Crown Point, Barataria and Lafitte. The wording of the current exemption could be interpreted that the exemption applies only to those properties outside both the Urban Growth Limit Line and the West Bank Hurricane Protection Levee, but the intent of the exemption is to accommodate recreational watercraft and RVs for areas within the Urban Growth Limit Line, but outside the West Bank Hurricane Protection Levee. As written, subparagraph (8) is a little vague as to delineation of authority between the Board of Zoning adjustments and the Bureau of Administrative Adjudication. The exception clause regarding the BZA is in the middle of the sentence outlining what is under the authority of the BAA. In applying the provisions, questions were raised as to the intent. Recommendation Summary To maintain community character and minimize property damage, the Planning Department recommends that RVs and watercraft be exempt from the screening regulations of Section (g) (7) outside the West Bank Hurricane Protection Levee. However, the size and shape of recreational vehicles can create obstruction and reduce visibility and the on-site location of parking for recreational vehicles requires greater consideration than recreational watercraft. Therefore, the Planning Department recommends that the exemption from setback requirements of Section (g) (2) only apply to recreational watercraft. Additionally, since watercraft are exempt from the setback regulations, the allowance via Section (g) (3) for locating anywhere on-site for 24-hours to allow loading and unloading is not necessary. The Planning Department recommends clarifying the intent of the exemption to accommodate recreational watercraft and RVs for areas within the Urban Growth Limit Line, but outside the West Bank Hurricane Protection Levee by deleting reference to the Urban Growth Limit Line as a boundary. The Planning Department s recommendation includes clarification that RVs and watercraft outside of the levee protection system are not exempt from the maintenance of surface surrounding storage, prohibition on occupancy when stored, and requirement that stored RVs and watercraft be in operable condition. Additionally, Planning recommends that the private garage and carport regulations of Sec (g) still be applicable outside of the levee protection system. These provisions remain appropriate to ensure public health, safety, and general welfare. The Planning Department s recommendation also includes clarification of the delineation of authority for hardship, variances, and violation citations of the regulations and the addition of a table to ensure clarity. Date Revised: 1/29/2016 Planning Department Page 4 Date Printed: 1/29/2016 Jefferson Parish, Louisiana YLB

5 Docket No. TXT-1-16 Summary No.: CONSISTENCY WITH COMPREHENSIVE PLAN AND OTHER DOCUMENTS The Planning Department s recommendation supports the following Policies and Objectives of the Comprehensive Plan: Objective 1.1: Ensure the long-term vitality of residential neighborhoods by regulating development compatibility. Objective 1.3: Employ effective planning techniques to protect residential neighborhoods, enhance the economic vitality of the community, promote the efficient use of infrastructure, preserve natural resources, and ensure that subdivision improvements are built. Policy 1.3.6: Address the unique development and natural resources protection issues of communities outside of the hurricane protection levee, including Barataria, Lafitte and Crown Point through the development of sub-area plans. CONCLUSION It is appropriate to allow flexibility in the administration of parking regulations for recreational vehicles and recreational watercraft on the unprotected side of the Westbank and Vicinity Hurricane Protection Levee to allow for its unique geographic, economic, and cultural conditions. Application of partial exemptions from parking and storage regulations will provide necessary relief to residents while providing for the health, safety, and welfare of the community. Date Revised: 1/29/2016 Planning Department Page 5 Date Printed: 1/29/2016 Jefferson Parish, Louisiana YLB

6 Docket No. TXT-1-16 Summary No.: APPENDIX & REFERENCES American Community Survey (2014), Occupation by Sex and Median Income, retrieved from _S2401&prodType=table American Community Survey (2014), Means of Transportation to Work by Age, retrieved from _B08101&prodType=table Chapter 40 Zoning, Jefferson Parish Code of Ordinances ARTICLE XXXV. Off-Street Parking, Loading, and Clear Vision Area Regulations Sec General requirements. (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: (1) At no time shall parked or stored recreational vehicles and recreational watercraft be occupied or used for living, sleeping, or housekeeping purposes. (2) Setback Requirements: a. Recreational vehicles and recreational watercraft not parked or stored inside of a fully enclosed garage shall be parked or stored completely behind the front building line of the principal structure or not less than sixty (60) feet from the front lot line, whichever is closest to the front lot line. b. If a variance is granted to the building line or setback requirement for recreational vehicles and recreational watercraft they shall comply with the screening requirements of subsection (7) and shall in no case be parked in a required front yard. c. Recreational vehicles and recreational watercraft seven (7) feet or less in height shall be located no less than three (3) feet from a side or rear lot line, unless screened from view of the abutting property in accordance with subsection (7). RVs and recreational watercraft shall be measured from grade to their top edge and shall exclude any minor incidental projections; projections included in the measurement of height shall be considered as substantial by the discretion of the director of inspection and code enforcement. d. Recreational vehicles and recreational watercraft over seven (7) feet in height shall be located no less than five (5) feet from a side or rear lot line and shall be screened from view of the abutting property and the abutting street right of way in accordance with subsection (7). e. On corner lots, recreational vehicles and recreational watercraft shall not be parked or stored closer to the abutting side street than the side building line of the principal structure unless screened in accordance with subsection (7). (3) Recreational vehicles and recreational watercraft may be parked anywhere on the premises for loading or unloading purposes no longer than twenty-four (24) hours and shall not extend into any public right of way. In situations such as hurricanes or similar weather phenomenon that necessitates an evacuation, the Director of Inspection and Code Enforcement may waive the limitation on hours for loading and unloading in this section. (4) All recreational vehicles and recreational watercraft shall be in an operable condition and parked or stored on a surface that is maintained in good condition, free of weeds, dust, trash and debris. (5) The private garage regulations set forth in section (g) and the following additional criteria shall apply: a. Applicant shall present to the Department of Inspection and Code Enforcement a valid Louisiana motor vehicle or boat registration to demonstrate the need for exception to Sec (g). b. The height of the garage door of a detached or attached private garage in which the recreational vehicle or recreational watercraft is parked or stored shall not exceed a height of fourteen (14) feet. c. Private garage structures over thirteen (13) feet shall be setback from the minimum side and rear yard setbacks for accessory Date Revised: 1/29/2016 Planning Department Page 6 Date Printed: 1/29/2016 Jefferson Parish, Louisiana YLB

7 Docket No. TXT-1-16 Summary No.: structures one (1) foot for every additional one (1) foot or fraction thereof in height over thirteen (13) feet until the minimum side or rear yard setback requirement of the principal structure is reached, and in no case shall exceed nineteen (19) feet in height in a required yard. d. Exterior wall material of garages shall be composed of residentially compatible materials as defined in Sec (7). (6) Notwithstanding the regulations of Sec , the following regulations shall apply for detached carports and shelters housing recreational vehicles and recreational watercraft shall comply with the following criteria: a. Detached carports and shelters shall not exceed thirteen (13) feet in height or a length of forty (40) feet if located in a required side or rear yard unless an applicant presents to the Department of Inspection and Code Enforcement a valid Louisiana motor vehicle or watercraft registration to demonstrate the need for additional height or length. b. Detached carports and shelters over thirteen (13) feet shall be setback from the minimum side and rear yard setbacks one (1) foot for every additional one (1) foot or fraction thereof in height over thirteen (13) feet until the minimum side or rear yard setback requirement of the principal structure is reached, and in no case shall exceed nineteen (19) feet in height in a required yard. c. Any vertical surfaces shall be constructed of residentially compatible materials as defined in Sec (7). (7) Screening Requirements: a. Recreational vehicles and recreational watercraft must be screened by a living fence; or an opaque wood, brick, vinyl, or masonry with a minimum height of six (6) feet or any combination thereof. [ ] b. 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. [ ] c. Recreational vehicles and recreational watercraft stored completely underneath a freestanding carport or shelter in which at least the two (2) longest sides are covered half way from the structure s peak height to grade are exempt from the screening requirements of this section. (8) Any property owner citing hardship in complying with the provisions of Sec (g) not explicitly under the Board of Zoning Adjustments authority, and any citations issued for the violation of any of the provisions of Sec (g) shall be adjudicated by the Jefferson Parish Bureau of Administrative Adjudication as set forth in Sec of the Code of Ordinances. (9) Recreational watercraft parked or stored on sites located on the unprotected side of the Pontchartrain and West Bank Hurricane Protection Levees, Mississippi River and Tributaries Flood Protection Levee, and Jefferson Parish Urban Growth Limit Line are exempt from the provisions of Sec (g). Date Revised: 1/29/2016 Planning Department Page 7 Date Printed: 1/29/2016 Jefferson Parish, Louisiana YLB

8 TXT-1-16 Recreational Vehicle and Watercraft Parking outside Hurricane Protection Levee Jefferson Parish Planning Department WB Planning Advisory Board Public Hearing January 14, 2016

9 Background 2 Parish-wide parking standards for recreational vehicles and watercraft adopted in 2010 to reduce impact on neighboring properties recreational watercraft outside protection levees and urban growth limit line exempted Study called in 2014 to evaluate and amend existing regulations for the parking and storage of recreational vehicles and watercraft interim development standard exempted recreational vehicles on the unprotected side of the Westbank and Vicinity Hurricane Protection Levee TXT-1-16: Recreational Vehicles outside Hurricane Protection Levee 1/14/2016

10 Existing Regulations 3 Prohibit use of recreational vehicles (RVs) and watercraft for living purposes Require setback behind principal structure or 60 feet from front property line, setbacks from side lot-lines Limit hours for loading and unloading (storage duration) Prohibit inoperable vehicles and require maintenance of parking surface Require screening for reduced setback or excessive height Unique private garage and carport regulations when storing RV or watercraft TXT-1-16: Recreational Vehicles outside Hurricane Protection Levee 1/14/2016

11 Existing Regulations, cont. 4 Delineate authority between Board of Zoning Adjustments (BZA) and Bureau of Administrative Adjudication (BAA) Exempts watercraft parked or stored on sites located on the unprotected side of the Pontchartrain and West Bank Hurricane Protection Levees, Mississippi River and Tributaries Flood Protection Levee, and Jefferson Parish Urban Growth Limit Line TXT-1-16: Recreational Vehicles outside Hurricane Protection Levee 1/14/2016

12 Current Issues 5 Screening of recreational watercraft or recreational vehicles for areas outside WB Hurricane Protection Levee is contrary to community character, due in part to large site sizes and low residential density, and creates potential for property damage due to flooding Many of regulations currently exempted for watercraft outside levee protection systems are still appropriate for health, safety, and welfare of general public, the current exemption is too broad Urban Growth Limit Line does not capture intended exemption areas Clarity needed for language regarding delineation of authority between BZA and BAA TXT-1-16: Recreational Vehicles outside Hurricane Protection Levee 1/14/2016

13 Recommendation 6 Exempt RVs from screening requirements outside WB Hurricane Protection Levee system Exempt recreational watercraft from setback, storage duration, and screening requirements outside protection levee systems and remove reference to Urban Growth Limit Line All other regulations applicable parishwide: Private garages and carports Inoperable vehicles and maintenance of parking surface Use of recreational vehicles (RVs) and watercraft for living purposes TXT-1-16: Recreational Vehicles outside Hurricane Protection Levee 1/14/2016

14 Recommendation, cont. 7 Clarify language regarding delineation of authority between BZA and BAA, and add this table: Bureau of Administrative Adjudication (BAA) Board of Zoning Adjustments (BZA) Hardship or Citation Restriction on Living in RV or Watercraft (40-661(g)(1)) Hardship or Citation 24-Hour Temporary Parking Limit (40-661(g)(3)) Hardship or Citation Condition of vehicles and parking area (40-661(g)(4)) Hardship or Citation Screening Requirements except fence height (40-661(g)(7)) Variance Setback Requirements (40-661(g)(2)) Variance Exterior Wall Material of Vertical Surfaces on Carports (40-661(g)(6)) Variance Fence Height (40-661(g)(7)) TXT-1-16: Recreational Vehicles outside Hurricane Protection Levee 1/14/2016

15 Consistency with Comprehensive Plan 8 Objective 1.1: Ensure the long-term vitality of residential neighborhoods by regulating development compatibility. Objective 1.3: Employ effective planning techniques to protect residential neighborhoods, enhance the economic vitality of the community, promote the efficient use of infrastructure, preserve natural resources, and ensure that subdivision improvements are built. Policy 1.3.6: Address the unique development and natural resources protection issues of communities outside of the hurricane protection levee, including Barataria, Lafitte and Crown Point. TXT-1-16: Recreational Vehicles outside Hurricane Protection Levee 1/14/2016

16 Study Area Map 1/14/2016

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