New Orleans Zoning Code Draft

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ARTICLE 1. TITLE, INTENT & PURPOSE

1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.1 TITLE PURPOSE INTENT APPLICABILITY INTRODUCTION TO OFFICIAL ZONING MAP TRANSITION RULES SEVERABILITY EFFECTIVE DATE TITLE This Ordinance is known, referred to and cited as the Comprehensive Zoning Ordinance of the City of New Orleans, as amended. 1.2 PURPOSE The purpose of this Ordinance includes the following: A. To encourage and promote, in accordance with present and future needs, the public health, safety, and welfare of the citizens of the City of New Orleans. B. To provide for efficiency and economy in the process of development. C. To provide for the appropriate use of land. D. To preserve and enhance the value of structures, communities and neighborhoods that constitute the distinct places within the City. E. To provide for preservation, protection, development and conservation of natural resources. F. To promote the principles of sustainability. G. To provide for functional public utilities and facilities, and for the convenience of traffic and circulation of people and goods. H. To provide for the safe use and occupancy of buildings and for the healthful and convenient distribution of population. I. To provide for promotion of the civic amenities of beauty and visual interest, for preservation and enhancement of historic buildings and places, and for promotion of large-scale developments as means of achieving unified civic design.
J. To ensure that the policies set forth in City's Master Plan are implemented by the land use regulations and are consistent with the goals set forth in the Master Plan. 1.3 INTENT The objectives of this Ordinance are accomplished by establishing zoning districts, which regulate the location and use of buildings, signs and other structures, water and land for agriculture, trade, industry and residence, and which regulate, limit or determine the height, bulk, and access to light and air of buildings and structures, the area of yards and other open spaces, the density of use and standards for site organization and layout. Zoning district regulations and the Official Zoning
City of New Orleans Comprehensive Zoning Ordinance
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Map have been designed with reasonable consideration of, among other things, the character of the districts and their suitability for particular uses. 1.4 APPLICABILITY A. Territorial Application This Ordinance applies to all land, uses and structures within the corporate limits of the City of New Orleans and the Parish of Orleans. B. General Application In their interpretation and application, the provisions of this Ordinance are the minimum requirements for the promotion and protection of the public health, safety and welfare, and are construed to achieve the purposes for which this Ordinance was adopted. C. Required Conformance with Ordinance No portion or whole of any structure or land may be used or occupied, and no structure, in whole or in part, may be erected, constructed, reconstructed, moved, enlarged or structurally altered unless it conforms to the provisions of this Ordinance. D. Required Conformance with Performance Standards The Executive Director of the City Planning Commission will establish a checklist of required standards that the City Planning Commission will check for compliance in regard to the following: 1. Section 21.2 (Adequate Public Facility Requirements) 2. Section 21.3 (Environmental Performance Standards) 3. Section 21.4 (Use of Land and Structures) 4. Section 23.13 (Stormwater Management Practices) This does not limit the obligation of the applicant to comply with all other standards of this Ordinance. E. Subdivisions Required to Conform with Ordinance All subdivision of land must conform to the provisions of this Ordinance. Where this Ordinance is more restrictive than the subdivision regulations, this Ordinance controls. F. Ordinance Control Over Less Restrictive Private Agreements Where this Ordinance is more restrictive than a private agreement, this Ordinance controls. Where a private agreement is more restrictive than this Ordinance, the private agreement controls. The City will not enforce any private agreements. G. Conflict with Other Laws and Regulations Whenever these regulations contain an actual, implied or apparent conflict with other laws and regulations, including an internal conflict within this Ordinance, the more restrictive regulation applies, unless otherwise specified.
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1.5 INTRODUCTION TO OFFICIAL ZONING MAP A. Location of Districts The location and boundaries of the zoning districts established by this Ordinance are as set forth in the Official Zoning Map, as it may be periodically amended. The Official Zoning Map is incorporated into, and made an integral part of, this Ordinance. It is the intent of this Code that the entire area of the City, including all land and water areas, be included in the zoning districts established by this Ordinance. B. Interpretation of District Boundaries Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of these regulations, the following rules apply: 1. Where zoning district boundary lines coincide with streets, alleys, easements, canal, or navigable or non-navigable stream, the boundary line is the centerline of the streets, alleys, easements, canal, or stream. If the actual location of such street, alley, easement, canal, or stream varies slightly from the location as shown on the district map, then the actual location controls. 2. In cases where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance controls. 3. Where zoning district boundary lines coincide with a recorded property line, the property line is the boundary line of the district. 4. Where the district boundary lines do not coincide with streets lines, alley lines or lot lines, and no dimensions are shown, the City Planning Commission determines the location of such district boundary lines. C. Regulation of Areas under Water All areas within the corporate limits of the City that are under water are considered to be within a zoning district and controlled by applicable district regulations, less and except the Mississippi River. District boundaries over water areas are located by noted or scaled dimensions, by relation to physical features, by coincidence with the corporate limit line, or by a straight line projection of the centerlines of streets as indicated on the district maps. Straight line district boundaries over water areas will continue as straight lines until they intersect with each other or with the corporate limit line. 1.6 TRANSITION RULES In determining the applicability of this Ordinance, with respect to the previously applicable zoning regulations, the following rules apply. A. Existing Nonconforming Structures and Uses A structure or use that is made nonconforming before the effective date of this Ordinance, but is made conforming by the provisions of this Ordinance or any subsequent amendment to this Ordinance, is lawful as of the effective date of this Ordinance or of any subsequent amendment to this Ordinance. However, any subsequent addition, enlargement or expansion of that structure or use is required to conform to the procedural and substantive requirements of this Ordinance.
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B. Existing Permitted Uses If a property is used in a manner that was classified as a permitted use before the effective date of this Ordinance or any subsequent amendment to this Ordinance, and that use is classified as a conditional use by this Ordinance as of the effective date of this Ordinance or of any subsequent amendment to this Ordinance, that use is a lawful conditional use. Any subsequent addition, enlargement or expansion of that structure or use is required to conform to the procedural and substantive requirements for a conditional use of this Ordinance. C. Certain Uses Rendered Nonconforming If property is used in a manner that was a lawful use before the effective date of this Ordinance or any subsequent amendment to this Ordinance, and this Ordinance no longer classifies that use as either a permitted or conditional use in the zoning district in which it is located, that use is deemed a legal nonconforming use and is controlled by the provisions of Article 25 (Nonconformities). D. Certain Structures Rendered Nonconforming If a structure existing on the effective date of this Ordinance or any subsequent amendment to this Ordinance was a conforming structure and was legally constructed before the effective date of this Ordinance or any subsequent amendment to this Ordinance, and such structure does not meet all standards set forth in this Ordinance, that structure is deemed a legal nonconforming structure and is controlled by the provisions of Article 25 (Nonconformities). E. Certain Lots Rendered Nonconforming If a lot existing on the effective date of this Ordinance was a conforming lot before the effective date of this Ordinance or any subsequent amendment to this Ordinance, and such lot does not meet all standards set forth in this Ordinance, that lot is deemed a legal nonconforming lot and is controlled by the provisions of Article 25 (Nonconformities). F. Previously Issued Building Permits If a building permit for a building or structure was lawfully issued prior to the effective date of this Ordinance or any subsequent amendment to this Ordinance, and if substantial construction has begun within one-hundred eighty (180) days of the issuance of that permit, the structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under an occupancy permit for the use originally intended. G. Previously Granted Conditional Uses and Variances All conditional uses and variances granted prior to the effective date of this Ordinance or any subsequent amendment to this Ordinance remain in full force and effect. The recipient of the conditional use or variance may proceed to develop the property in accordance with the approved plans, including all conditions included as part of approval. If the recipient has failed to act on the conditional use or variance before the approval expires (including any periods of extension granted), the provisions of this Ordinance govern.
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H. Pending Applications If an application has not been determined to be complete by the Executive Director of the City Planning Commission on the effective date of the Ordinance, the provisions of this Ordinance govern that application. 1.7 SEVERABILITY If any section or provision of this Ordinance is declared by a court of competent jurisdiction to be invalid, such decision will not affect the validity of the Ordinance as a whole or any part thereof other than the part declared to be invalid. 1.8 EFFECTIVE DATE The effective date of this Ordinance is ninety (90) days from the date of adoption of this Ordinance, adopted __(date)__.
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ARTICLE 2. ORDINANCE ADMINISTRATION

2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.1 PURPOSE CONFLICT CITY COUNCIL CITY PLANNING COMMISSION BOARD OF ZONING ADJUSTMENTS EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION DIRECTOR OF THE DEPARTMENT OF SAFETY AND PERMITS VIEUX CARRE COMMISSION HISTORIC DISTRICT LANDMARKS COMMISSION PURPOSE The purpose of this Article is to outline the specific powers of the different boards, commissions and officials as they relate to this Zoning Ordinance. This Article summarizes which boards, commissions and officials make recommendations and grant approvals on zoning applications. 2.2 CONFLICT If the provisions of this Article conflict with Article 4 (Development Applications and Approvals), the provisions of Article 4 control. 2.3 CITY COUNCIL The City Council has the following powers, pursuant to this Ordinance: A. To make final decisions on amendments to the Master Plan. B. To make final decisions on zoning map and text amendment applications (Section 4.2). C. To make final decisions on conditional use applications (Section 4.3). D. To make final decisions on site plan review applications when required as a condition of development approval (Section 4.4). E. To make final decisions on planned development applications (Article 5). 2.4 CITY PLANNING COMMISSION The City Planning Commission has the following powers, pursuant to this Ordinance: A. To make recommendations on zoning map and text amendment applications (Section 4.2). B. To make recommendations on conditional use applications (Section 4.3). C. To make recommendations on site plan review applications when required as a condition of development approval (Section 4.4). D. To make recommendations on minor map adjustments to the Official Zoning Map and the Future Land Use Map of the Master Plan (Section 4.6). E. To make recommendations on planned development applications (Article 5).
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2.5
BOARD OF ZONING ADJUSTMENTS The Board of Zoning Adjustments has the following powers, pursuant to this Ordinance: A. To make final decisions on applications for zoning variance applications (Section 4.5). B. To make final decisions on minor map adjustments to the Official Zoning Map (Section 4.6). C. To make final decisions on appeals of administrative decisions by the Director of the Department of Safety and Permits (Section 4.7).
2.6
EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION The Executive Director of the City Planning Commission, or the Directors designee, has the following powers, pursuant to this Ordinance: A. To make final decisions on site plan review applications when required as a condition of development approval (Section 4.4). B. To make final decisions on administrative exceptions (Section 4.5). C. To make final decisions on minor map adjustments to the Future Land Use Map of the Master Plan (Section 4.6). D. To make final decisions on requests for interpretations of Master Plan conformance (Section 4.9).
2.7
DIRECTOR OF THE DEPARTMENT OF SAFETY AND PERMITS The Director of the Department of Safety and Permits, or the Directors designee, has the following powers, pursuant to this Ordinance: A. To make final decisions on requests for zoning interpretations (Section 4.9). B. To make final decisions on applications for sign permits (Section 4.10). C. To inspect structures or the use of land to determine compliance with this Ordinance and order corrective action in case of any violation D. To enforce all zoning regulations and provisos imposed in conjunction with the approval of conditional uses ordinances, planned unit development ordinances and variances.
2.8
VIEUX CARRE COMMISSION Within the Vieux Carr Historic District, no exterior work on a structure is permitted unless a permit has been issued by the Vieux Carr Commission. Provisions for the Vieux Carr Commission and their permit requirements and procedures are located in the City Code.
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2.9
HISTORIC DISTRICT LANDMARKS COMMISSION A. The New Orleans Historic District Landmarks Commission and the Central Business District Historic District Landmarks Commission regulate local historic districts outside of the Vieux Carr Historic District. Prior to commencing any exterior work within a local historic district or on a designated or nominated landmark outside of the designated local historic districts, the applicant must refer to and comply with the Historic District Landmarks Commission procedures in the City Code. B. The Historic District Landmarks Commission makes final decisions on requests for classic sign designation (Section 24.17).
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ARTICLE 3. ADMINISTRATIVE PROCEDURES

3.1 3.2 3.3 3.4 3.1 PURPOSE APPLICATION NOTICE PUBLIC HEARING PURPOSE The purpose of this Article is to outline the general application, notice and public hearing procedures for the applications and approvals found within this Ordinance. 3.2 APPLICATION A. Filing of Applications 1. All applications must be filed with the appropriate official as described in Table 3-1: Filing of Applications:
TABLE 3-1: FILING OF APPLICATIONS APPLICATION OFFICIAL (OR DESIGNEE) Zoning text and map amendments Executive Director of the City Planning Commission Conditional use Executive Director of the City Planning Commission Planned development Executive Director of the City Planning Commission Site plan review Executive Director of the City Planning Commission Variances Executive Director of the City Planning Commission Zoning appeals Executive Director of the City Planning Commission Interpretation of Master Plan conformance Executive Director of the City Planning Commission Sign permit Director of the Department of Safety and Permits Zoning certificate Director of the Department of Safety and Permits Zoning interpretation Director of the Department of Safety and Permits
2. All applications must be on forms provided by the City and in the format and number of copies as required by the instructions. The application must include any and all information, plans and data specified within Article 4 (Applications and Approvals). B. Completeness Review 1. The official charged with receiving applications in Table 3-1 must review the application to ensure that all required submittals are included in the application and determine whether the application is complete. The appropriate official must notify the applicant that the application is complete or incomplete within ten (10) days from the date of submittal. 2. If the application is deemed incomplete, the official will not process the application until the deficiencies are remedied. Once an application is deemed complete, the application will be placed on the first available docket or forwarded to the appropriate official as appropriate. 3. An application is deemed complete if the official fails to reject it and notify the applicant of the deficiencies within ten (10) days; however, it may not be complete for the purposes of docketing. The appropriate board, commission or official may also require the applicant to supplement the application with additional information.
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4. A new determination of completeness is required if the applicant materially changes the application from the prior submittal and such change has not been requested by the board, commission or official. C. Required Fees Every application must be accompanied by the required filing fee. Failure to pay fees when due is grounds for refusing to process the application. However, applications initiated by the City are exempt from fees. D. Withdrawal of Application An applicant may withdraw an application as provided below. There will be no refund of fees. Requests for withdrawal must be in writing by the applicant. Applications initiated by the City Council are also subject to these withdrawal provisions. 1. Applications for zoning text and map amendments, conditional uses and planned developments may be withdrawn prior to recommendation by the City Planning Commission without prejudice. If withdrawn after the recommendation by the City Planning Commission, but before a decision by the City Council, the application may not be resubmitted for two (2) years from the date the applicant submits the withdrawal notice. 2. Applications for variances may be withdrawn prior to a decision by the Board of Zoning Adjustments without prejudice and may thereafter be resubmitted without limit. 3. Applications for administrative exceptions listed within Section 4.5 (Variances) may be withdrawn prior to a decision by the Executive Director of the City Planning Commission without prejudice and may thereafter be resubmitted without limit. 4. Applications for a zoning appeal may be withdrawn prior to a decision by the Board of Zoning Adjustments without prejudice. However, if an application that was withdrawn is resubmitted, the new submittal must still be filed within thirty (30) days of the date the decision being appealed was rendered. E. Successive Applications of Denied Applications 1. An application for a zoning text or map amendment, conditional use, planned development or variance that has been denied will not be reviewed or heard within two (2) years of the date of denial unless substantial new evidence is available or a significant mistake of law or of fact affected the prior denial. The official charged with receiving applications in Table 3-1 must decide whether the subsequent application is appropriate for resubmittal before expiration of the two (2) year wait requirement. 2. An application resubmitted earlier than two (2) years from the date of denial must include a detailed statement of the grounds justifying its consideration. 3. If no new grounds exist for consideration of the subsequent application, the official may deny the request without hearing. 4. The limitations of this section do not apply in the following instances: a. When the City initiates the application. b. When the Board of Zoning Adjustments has denied the application without prejudice.
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3.3
NOTICE
[NOTE: Once a Neighborhood Participation Program is adopted, as described in the Master Plan and Charter Amendment, the appropriate revisions and additions will be made to the notice requirements of this Article.] A. Published Notice 1. For all applications that require a public hearing, a notice must be published once a week for three (3) consecutive weeks in the official journal of the City of New Orleans, as defined in the City Code, with the first publication of notice at least twenty (20) days before the date of hearing. Each notice must set forth the date, time, place and purpose of the public hearing, the name of the applicant, and identification of the subject property. 2. For administrative exceptions approved by the Executive Director of the City Planning Commission, a notice must be published once in the official journal of the City of New Orleans, as defined in the City Code, with publication of notice at least twenty (20) days before the date of decision. The notice must set forth the date of decision, the name of the applicant, and identification of the subject property. B. Mailed Notice 1. Mailed Notice for Public Hearings a. Mailed notice is required for all public hearings, excluding those for zoning text amendments. b. The body conducting the hearing must send notice by regular mail at least fifteen (15) days before the public hearing to: i. The applicant and, if applicable, authorized agent of record.
ii. The owner of record of the property, as indicated in the records of the Orleans Parish Assessors Office, and all persons expressly authorized in writing by the owner to file the application. iii. The owners of record of all properties, as indicated in the records of the Orleans Parish Assessors Office, located within three hundred (300) feet from the property lines of the subject property. The applicant must provide the list of these owners of record to the City. c. The notice must set forth the name of the applicant, the date, time, place and purpose of the hearing, and identification of the subject property. 2. Mailed Notice for Administrative Exceptions a. For administrative exceptions approved by the Executive Director of the City Planning Commission, the Director must send notice by regular mail at least fifteen (15) days before the date set by the Director to render a decision. b. Mailed notice must be sent to the owner of record, the owners of record of all properties that abut the subject property, and the owners of record of the properties located directly across the street and directly across the alley. The owners of record are determined from the records of the Orleans Parish Assessors Office.
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c. For all administrative exceptions, the notice must set forth the name of the applicant, the address of the subject property, the exception applied for, and the date set by the Executive Director of the City Planning Commission to render a decision. C. Posted Notice For all public hearings, excluding those for zoning text amendments, and for administrative exceptions approved by the Executive Director of the City Planning Commission, the applicant is required to post notice as described in this section. Additional notice may be posted by the Department of Safety and Permits. 1. Posted Notice by Applicant a. A notification sign must be placed on the property under consideration by the applicant at least fifteen (15) consecutive days prior to the public hearing. For administrative exceptions approved by the Executive Director of the City Planning Commission, a notification sign must be placed on the property under consideration at least fifteen (15) consecutive days prior to the date set by the Director to render a decision. b. Such notification sign posted by the applicant must meet the following requirements: i. The sign must have a white background and contain the word NOTICE in capital letters at least six (6) inches high. The remaining lettering must be a minimum of three (3) inches high in capital letters. The notification sign must be no less than eleven (11) inches by seventeen (17) inches in size.
ii. The applicant must post the ground-mounted sign at a prominent location on the property, near the sidewalk or public right-of-way so that it is visible to passing pedestrians and motorists. For properties with more than one (1) street frontage, the applicant is required to post one (1) sign visible from each street frontage. Window-mounted notice must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists. Signs located outdoors must be reasonably weatherproofed. iii. The sign must contain the type of application, the day, date, time and place of the public hearing or date of the Executive Director of the City Planning Commissions decision, and the address of the subject property. 2. Posted Notice by the Department of Safety and Permits If deemed necessary by the City Planning Commission or the Director of the Department of Safety and Permits, an additional notification sign may be installed by the Department of Safety and Permits and removed by the Department when the matter has been concluded. a. A notification sign may be placed on the property under consideration at least fifteen (15) consecutive days prior to the public hearing. For administrative exceptions approved by the Executive Director of the City Planning Commission, a notification sign may be placed on the property under consideration at least fifteen (15) consecutive days prior to the date set by the Director to render a decision. b. The notification sign posted by the Department of Safety and Permits must meet the following requirements:
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i.
The notification sign must be no less than eleven (11) inches by seventeen (17) inches in size, mounted on legs or feet or prominently attached to the individual property and at the two (2) corner intersections of the blockface involved, or by any other means, method or placement deemed appropriate by the City Planning Commission staff or the Department of Safety and Permits to effect the intended public notice. Signs located outdoors must be reasonably weatherproofed.
ii. The sign must contain the type of application, the day, date, time and place of the public hearing or date of the Executive Director of the City Planning Commissions decision, and the address of the subject property. [NOTE: We anticipate that a electronic notice provision (email, website) would be added to the CZO. This would be a courtesy notice in that it is considered discretionary. Any defect in or failure to strictly adhere to the electronic notice would not be a basis for declaring any zoning matter invalid. Understanding that the City Council is currently looking at this matter, we await further Council direction in how to draft this requirement.] D. Validity of Defective Notice 1. No application will be declared invalid in the following instances: a. If the published notice gives reasonable notification of its purpose, subject matter, substance or intent. b. If proof of the installation of a posted notice by the Department of Safety and Permits is presented. Routine work orders or other such documents of the Department will be prima facie evidence of the installation. c. If the mailing of notice to adjoining property owners was properly accomplished. 2. Any additional notice by the City is considered discretionary. Any defect in or failure to strictly adhere to the discretionary forms of notification does not form a basis for declaring any zoning matter invalid. 3.4 PUBLIC HEARING A. Conduct of the Public Hearing When a public hearing is required, the place, date and time for the hearing will be established, and notice of such hearing is required in accordance with Section 3.3 (Notice) above. The public hearing will be conducted in accordance with the rules and regulations of the body conducting the hearing. B. Continuances The Chair, with approval of the body conducting the hearing, may continue the public hearing. No new notice is required to reopen the hearing if a hearing is continued to a date specified, provided that a public announcement of the future date, time, and place of the continued hearing is made at the first hearing and placed in the minutes.
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ARTICLE 4. APPLICATIONS & APPROVALS

4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 PURPOSE ZONING TEXT AND MAP AMENDMENTS CONDITIONAL USES SITE PLAN REVIEW VARIANCES MINOR MAP ADJUSTMENTS ZONING APPEALS ZONING VERIFICATION INTERPRETATION SIGN PERMIT ENFORCEMENT
[NOTE: Once a Neighborhood Participation Program is adopted, as described in the Master Plan and Charter Amendment, the appropriate revisions and additions will be made to the requirements of this Article.] 4.1 PURPOSE The purpose of this Article is to delineate the applicability, procedures and requirements, and approval standards that apply to each zoning application and approval. 4.2 ZONING TEXT AND MAP AMENDMENTS A. Purpose The regulations imposed and the districts created and mapped under the authority of this Ordinance may be amended from time to time by the City Council in accordance with the provisions of this section. B. Initiation Zoning amendments are initiated as follows: 1. The City Council may initiate a zoning text or map amendment by adoption of a motion. 2. A property owner in the City or other person expressly authorized in writing by an owner may file an application for a text amendment. 3. A property owner in the City or other person expressly authorized in writing by the owner may file an application for a zoning map amendment for the area of land for which the map amendment is requested. Such application must bear the signature and acknowledgment of the owner(s), or authorized agents, of not less than fifty percent (50%) of the area of land for which the zoning amendment is requested. Where property is jointly owned, all co-owners of the property, or their authorized agents, must sign the application for the property to be included in the fifty percent (50%) area requirements. C. Authority The City Council must take formal action on requests for zoning text or map amendments after receiving a recommendation from the City Planning Commission.
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D. Procedure 1. Submittal of Application a. All applications must be filed with the Executive Director of the City Planning Commission in accordance with the requirements of Section 3.2 (Application) and reviewed for completeness by the Executive Director. b. Amendments initiated by the City Council require a complete application, but are exempt from fees. 2. Action by City Planning Commission a. The City Planning Commission must conduct a public hearing on a proposed zoning amendment in accordance with Section 3.4 (Public Hearing) in fifty (50) days from the date the application is docketed. Notice of the public hearing is required in accordance with Section 3.3 (Notice). b. After the close of the public hearing, the City Planning Commission must make a recommendation. Based upon the evidence presented at the public hearing, the City Planning Commission must evaluate the application against the applicable standards in Paragraph E (Approval Standards) below. c. The City Planning Commission must recommend approval, modified approval or denial in sixty (60) days from the opening of the public hearing. If the City Planning Commission fails to act by a vote of the majority of the Commission members, the application will be forwarded to the City Council without recommendation. The City Planning Commissions written recommendations, together with the staff report and recommendation, if any, must be filed with the Clerk of the City Council. 3. Action by City Council a. The City Council must hold a public hearing, in accordance with Section 3.4 (Public Hearing), and take action by motion of approval, modified approval or denial in sixty (60) days from receipt of a City Planning Commission recommendation. The City Council may not take official action upon any application requiring a recommendation of the City Planning Commission until the report of the Commission has been received or, if the City Planning Commission has failed to act by a vote of the majority of the Commission members, once the application has been forwarded to the City Council without recommendation. b. If the City Council fails to take action by motion in sixty (60) days from receipt of the City Planning Commission recommendation, the application is denied. If the application is forwarded to the City Council without recommendation from the City Planning Commission and the City Council fails to take action by motion in sixty (60) days from the date it received the application, the application is denied. c. If the City Council takes action by motion of approval or modified approval, the City Council must forward the motion to the City Law Department for preparation of an ordinance. Once the ordinance is introduced by the City Council, the ordinance must layover a minimum of twenty-one (21) days before the Council may adopt. The City Council must adopt the final ordinance ratifying their decision within ninety (90) days of the date that it took action by motion.
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E. Approval Standards The City Planning Commission recommendation and the City Council decision on any zoning text or map amendment are matters of legislative discretion. In making their recommendation and decision, the City Planning Commission and the City Council must consider the standards in Table 4-1: Standards for Zoning Amendments below.
TABLE 4-1: STANDARDS FOR ZONING AMENDMENTS STANDARDS 1. The proposed amendment is compatible with the Master Plan and Future Land Use Map. 2. The proposed amendment is compatible with the place designations of this Ordinance. 3.The proposed amendment is compatible with existing use and zoning of nearby property. 4. The proposed amendment promotes the public health, safety and welfare of the City. 5. The proposed amendment is a more suitable zoning classification for the property than the current classification, and allows for feasibility of developing the property in question for one (1) or more of the uses permitted under the existing zoning classification. 6. Based upon the length of time that the property in question has been vacant, the proposed amendment is a more suitable zoning classification for the property than the current classification considered in the context of development in the area where the property is located. 7. The proposed amendment is compatible with the intent and general regulations of this Ordinance. 8. The proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy. 9. The proposed amendment benefits the citizens of the City as a whole. 10. The proposed amendment provides a more workable way to achieve the intent and purposes of this Ordinance and the Master Plan. 11. The proposed amendment does not create a significant number of nonconformities. 12. The proposed amendment is compatible with the trend of development, if any, in the general area of the property in question. MAP AMENDMENTS X X X X X X X X X X X X X X X X TEXT AMENDMENTS X X X
F. Appeals An aggrieved party may appeal a City Council decision on a zoning map or text amendment to Orleans Parish Civil District Court within thirty (30) days following City Council action. 4.3 CONDITIONAL USES A. Purpose Within each zoning district the use of land and structures are substantially uniform. It is recognized, however, that there are specific uses that, because of their unique characteristics, cannot be properly classified in certain districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. These uses are considered conditional uses within the zoning districts. This section sets forth the standards used to evaluate proposed conditional uses and the procedures for approving conditional use applications. The designation of a use in a zoning district as a conditional use does not constitute an authorization or assurance that such use will be approved. No conditional use may be established and no building permit may be issued for any use designated as a conditional use within a zoning district until a conditional use obtains final approval. B. Initiation A property owner in the City or other person expressly authorized in writing by the property owner may file for a conditional use for that property. The City Council may also file for a conditional use by motion.
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C. Authority The City Council, after receiving a recommendation from the City Planning Commission, must take formal action on requests for conditional uses. D. Procedure 1. Submittal of Application a. An application for a conditional use must be filed with the Executive Director of the City Planning Commission. All applications for a conditional use must be filed in accordance with the requirements in Section 3.2 (Application) and accompanied by a site plan prepared in accordance with the requirements of Section 4.4 (Site Plan Review), and reviewed for completeness by the Executive Director. b. If a zoning amendment is required or requested, that application must accompany the application for a conditional use for reference. A zoning amendment application must be processed according to the procedures of Section 4.2 (Zoning Text and Map Amendments). c. If the proposed use requires subdivision, an application for subdivision approval must be submitted in conjunction with the application for a conditional use. Approval of the conditional use does not become effective until final approval of the subdivision application. If the subdivision proposes to divide the land in phases, the approval of the conditional use takes effect only when that phase of the subdivision where the conditional use is located is approved. d. For conditional uses subject to additional requirements from state or federal agencies, such as the Federal Aviation Administration or the Louisiana Department of Environmental Quality, all required submittals from such agencies must be submitted with the application. Where the state or federal agency cannot verify that all requirements are met prior to approval of the conditional use, the applicant must obtain a letter from the agency stating that the agency will verify that all requirements are met after the conditional use approval. 2. Action by the City Planning Commission a. The City Planning Commission must conduct a public hearing on a proposed conditional use in accordance with Section 3.4 (Public Hearing) in fifty (50) days from the date the application is docketed. Notice of the public hearing is required in accordance with Section 3.3 (Notice). b. After the close of the public hearing, the City Planning Commission must make a recommendation. Based upon the evidence presented at the public hearing, the City Planning Commission must evaluate the application against the applicable standards in Paragraph F (Approval Standards) below. c. The City Planning Commission must recommend approval, modified approval or denial in sixty (60) days from the opening of the public hearing. If the City Planning Commission fails to act by a vote of the majority of the Commission members, the application will be forwarded to the City Council without recommendation. The City Planning Commissions written recommendations, together with the staff report and recommendation, if any, must be filed with the Clerk of the City Council.
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3. Action by the City Council a. The City Council must hold a public hearing, in accordance with Section 3.4 (Public Hearing), and take action by motion of approval, modified approval or denial in sixty (60) days from receipt of a City Planning Commission recommendation. The City Council may not take official action upon any application requiring a recommendation of the City Planning Commission until the report of the Commission has been received or, if the City Planning Commission has failed to act by a vote of the majority of the Commission members, once the application has been forwarded to the City Council without recommendation. b. If the City Council fails to take action by motion in sixty (60) days from receipt of the City Planning Commission recommendation, the application is denied. If the application is forwarded to the City Council without recommendation from the City Planning Commission and the City Council fails to take action by motion in sixty (60) days from the date it received the application, the application is denied. c. If the City Council takes action by motion of approval or modified approval, the City Council must forward the motion to the City Law Department for preparation of an ordinance. Once the ordinance is introduced by the City Council, the ordinance must layover a minimum of twenty-one (21) days before the Council may adopt. The City Council must adopt the final ordinance ratifying their decision within ninety (90) days of the date that it took action by motion. E. Conditions 1. The City Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary for the protection of the public health, safety and welfare. 2. Any conditions imposed must be set forth in the ordinance approving the conditional use and incorporated into or noted on the site plan for final approval. The applicant must submit the revised site plan incorporating all conditions within one (1) year of conditional use approval. The Executive Director of the City Planning Commission must verify that the site plan incorporates all conditions set forth in the ordinance authorizing the conditional use, and must sign the plan to indicate final approval. 3. The applicant must record the signed site plan in the Clerk of the Civil District Court for the Parish of Orleans. No permits may be issued until the site plan is recorded. The City Planning Commission must maintain a record of such approved conditional uses, the site plans and any conditions attached thereto. 4. The City Council may waive or modify specific zoning standards otherwise applicable to the use by this Ordinance to secure the general objectives of this section. However, the City Council cannot waive or modify any approval factor of this section. F. Approval Standards The City Planning Commission recommendation and the City Council decision on applications for a conditional use must, on the basis of the site plan and other information submitted, evaluate the impact of the conditional use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Commission and Council must specifically consider the extent to which:
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1. The proposed use at the specified location is consistent with the policies embodied in the adopted Master Plan. 2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations. 3. The proposed use meets all standards specifically applicable to the use as set forth in Article 20 (Use Standards) and all environmental performance standards of this Ordinance (Section 21.3) 4. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, including but not limited to: a. Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire. b. Off-street parking and loading areas. c. Refuse and service areas. d. Utilities with reference to location, availability, and compatibility. e. Screening and buffering, features to minimize visual impacts, and/or set-backs from adjacent uses. f. Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.
g. Required yards and open space. h. Height and bulk of structures. i. j. Hours of operation. Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets.
k. The amount and location of existing impervious surface. 5. The proposed use is not materially detrimental to the public health, safety and welfare, or results in material damage or prejudice to other property in the vicinity. G. Rules for Approved Conditional Uses The following general rules apply to all approved conditional uses: 1. Approval of a conditional use authorizes only the particular use for which the conditional use is issued.
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2. No use authorized by a conditional use may be enlarged, extended or relocated, unless an application is made for approval of a new conditional use in accordance with the procedures set forth in this section. 3. Development of the use must not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code and any permits required by regional, state and federal agencies. H. Expiration and Extension of Time Termination of approval of a conditional use for failure to commence development or an extension of the time for performance of a conditional use is governed as follows: 1. Expiration a. For new construction, the conditional use approval will expire within three (3) years of the date of approval of a conditional use if a building permit has not been issued and substantial construction has not been commenced, and no request for an extension of time is pending. b. For conditional uses approved for existing structures or for a parcel of land where no structure is planned, if the structure or land remains vacant for a period of two (2) years, then the conditional use will expire. 2. Extension of Time a. Unless otherwise prohibited, the Executive Director of the City Planning Commission may extend the time for expiration of a conditional use approval for a period not to exceed one (1) year upon a showing of good cause by the applicant. A request for extension must be made in writing within the original period of validity. An extension for a period in excess of one (1) year may be granted only by the City Council in accordance with Paragraph b below. b. The holder of a conditional use may petition the City Council for a longer extension of time. A request for extension must be made in writing within the original period of validity. The City Council must hold a public hearing and decide whether to extend the time period. Notice for the public hearing is required in accordance with Section 3.3 (Notice). The applicant and the owner of record of the property must be notified of a public hearing to be conducted by the City Council. Following the public hearing, the City Council must render its decision whether to terminate or extend the approval, taking into account hardship to the applicant or property owner, changes in surrounding circumstances that have occurred since the original approval, and the likelihood that substantial construction will occur during any period of extension. I. Revocation of Conditional Use A conditional use may be revoked by the City Council after finding that any one (1) of the following conditions exists or after the occurrence of any of the following events: 1. The operation of the use for which a conditional use has been approved ceases for a continuous period of six (6) months by discontinuation or abandonment. 2. The licenses or permits required for the operation or maintenance of the use are not obtained within six (6) months of approval of the conditional use or are subsequently terminated.
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3. Any of the provisions of this Ordinance or any of the terms and conditions of the conditional use approval are violated. The City Council must hold a public hearing to confirm that the above conditions or events have occurred. Notice for the public hearing is required in accordance with Section 3.3 (Notice). The applicant and the property owner of record must be notified of a public hearing to be conducted by the City Council. Following the public hearing, the City Council will render its decision whether to terminate the conditional use approval. J. Zoning Map Record of Conditional Use Approved conditional uses may be indicated on the Zoning Map with a "C" appended to the zoning district designation of a lot. Such addendum is for administrative and reference purposes only and does not constitute a rezoning. The addendum may be removed administratively by the Director of Safety and Permits or the Executive Director of the City Planning Commission upon expiration or revocation of the conditional use. K. Appeals An aggrieved party may appeal City Council decisions on conditional uses to the Orleans Parish Civil District Court within thirty (30) days following City Council action. 4.4 SITE PLAN REVIEW A. Purpose The site plan review process is intended to promote orderly development and redevelopment in the City and to assure that such development or redevelopment occurs in a manner that is harmonious with surrounding properties, is consistent with the Master Plan, and promotes the general welfare of the City. This section provides standards by which to determine and control the physical layout and design to: 1. Ensure compatibility of land uses, buildings and structures. 2. Protect and enhance community property values. 3. Ensure the efficient use of land. 4. Minimize traffic and safety hazards. 5. Ensure efficient parking layout. 6. Minimize environmental problems. 7. Incorporate proper stormwater management and sustainable design techniques. B. Applicability Site plan review is required as follows: 1. Any building permit for new construction of multi-family, townhouse, non-residential or mixed-use development that is forty-thousand (40,000) square feet or more in gross floor area, or additions or enlargements to existing multi-family, townhouse, non-residential or mixed-use developments that are, prior to the addition or expansion, forty-thousand (40,000) square feet or more in gross floor area. Unless otherwise required by this
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section or this Ordinance, these applications are reviewed by the Executive Director of the City Planning Commission. 2. All applications for a conditional use and planned unit developments. Unless otherwise required by this section or this Ordinance, these applications are reviewed by the City Planning Commission and the City Council. 3. Where the City Planning Commission or the City Council is authorized to impose conditions, the Commission or Council may require submission of a site plan as a requirement of the application. 4. All essential services described in Section 6.3 (Exemptions for Essential Services). Unless otherwise required by this section or this Ordinance, such applications are reviewed by the Executive Director of the City Planning Commission. However, the Executive Director of the City Planning Commission may waive the requirement for site plan review. 5. Where this Ordinance specifically requires site plan review as a condition of approval. C. Submittal Requirements In addition to any other information required by this Ordinance, site plans must be prepared at a scale of not more than fifty (50) feet to one (1) inch and contain the following information: 1. The name of the individual or firm preparing the plan. 2. The north arrow, scale and date. 3. The boundaries and dimensions of the property involved, the general location of all existing easements, sector lines, and property lines, existing streets, structures or waterways, and other significant physical features in or adjoining the project. 4. The approximate location and sizes of sanitary and storm sewers, water mains, culverts, and other underground utilities and structures in or near the project. 5. The general location and character of construction of any proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas, (including numbers of parking and loading spaces), exterior lighting systems, storm drainage and sanitary facilities. 6. The approximate height of all proposed buildings and structures, accessory and main, or major excavations in relation to heights of buildings and structures on adjoining property. The location should be drawn to scale but full dimensioning is not required. 7. The location and the preliminary plans and elevation of the buildings(s) as may be deemed necessary. 8. General location of parking and site circulation. 9. General location, height, and material of all fences, walls, screen planting and landscaping. 10. General location, character, size and height, and orientation of proposed signs. 11. A tabulation of the total gross area in square feet or acres of the project site and the floor area in square feet of any building(s) in the proposed development.
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12. Landscaping and design information necessary to meet the requirements of design review, where applicable. 13. Such other information as may be required in order to meet standards in the zoning district in which the use is to be located. 14. A traffic impact analysis. 15. A fiscal impact analysis. The Executive Director of the City Planning Commission may waive submittal requirements for site plans where such information is not necessary to determine the nature of the development or that the development meets relevant approval criteria. D. Procedure 1. Submittal of Application All applications must be filed with the Executive Director of City Planning Commission in accordance with the requirements in Section 3.2 (Application). When the application is complete, the Executive Director of City Planning Commission will forward a copy of the appropriate body. 2. Site Plan Review Process a. When a site plan is approved by the Executive Director of the City Planning Commission, the Executive Director must render a decision pursuant to the standards in Paragraph E (Approval Standards) within ninety (90) days from the date the application is deemed complete. i. The Executive Director of City Planning Commission must approve, approve with conditions or deny the site plan. The Executive Director must sign the stamped site plan signifying approval, approval with conditions, or denial of the application.
ii. The applicant may file a written appeal of the decision of the Executive Director of City Planning Commission to the Board of Zoning Adjustments within thirty (30) days after the date of the final decision in accordance with Section 4.7 (Zoning Appeals). b. When a site plan is considered in conjunction with another application, the body considering the application must render a decision pursuant to the standards in Paragraph E (Approval Standards) below as part of the decision on the original application. c. The body or official approving a site plan must determine whether the site plan conforms to the zoning district regulations and design standards in which the property is located, including any special regulations applicable to the particular use under Article 20 (Use Standards). d. The body or official approving a site plan may attach such conditions to the approval of the site plan as reasonably necessary to assure compliance with the requirements of this Ordinance.
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E. Approval Standards In reviewing site plans, the relationship of the site plan to adopted land use policies, and the goals and objectives of the Master Plan must be evaluated. In addition, the following characteristics must be considered: 1. Degree of conformity with existing zoning standards. 2. Regulations of this Ordinance, and any other applicable regulations within the City Code, and the goals and policies of the Master Plan. 3. The location, arrangement, size, design and general site compatibility of buildings, lighting and signs, including: a. Conformance with the provisions of Section 21.2 (Adequate Public Facility Requirements), Section 21.3 (Environmental Performance Standards), Section 21.4 (Use of Land and Structures) and Section 23.13 (Stormwater Management Practices). b. Compatibility with, and mitigation of, any potential impact upon, adjacent property. c. Site illumination designed and installed to minimize adverse impact on adjacent properties. d. Signs in accordance with Article 24 (Signs). 4. Landscape and the arrangement of open space or natural features on the site must: a. Create a desirable and functional environment for motorists, pedestrians, bicyclists and occupants of residential dwellings, business owners and employees. To achieve such an environment, landscape may take advantage of open space design features such as bike paths, running paths and outdoor relaxation areas. b. Preserve unique natural resources, including measures to preserve and protect existing healthy, mature trees. c. Protect natural resources and landscaping on adjacent sites. d. Design drainage facilities to promote the use and preservation of natural watercourses and patterns of drainage. e. Utilize plant materials suitable to withstand the climatic conditions of New Orleans and microclimate of the site. The use of native species is encouraged. f. Screening to buffer the impact of the development on adjacent uses and enhance the appearance and image of the City by screening incompatible uses and certain site elements, and creating a logical transition to adjoining lots and developments.
5. Circulation systems and off-street parking must be designed to: a. Provide adequate and safe access to the site for motor vehicles as well as alternate modes of transportation, including pedestrians, bicyclists and public transit. b. Minimize potentially dangerous traffic movements.
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c. Separate pedestrian and auto circulation and provide for bicycle parking or storage where required. d. Minimize curb cuts by using cross-access servitudes and shared parking. e. Design off-street parking lots or garages to minimize adverse impacts on adjacent properties, particularly through the use of perimeter and interior landscape, and promote logical and safe parking and internal circulation. f. Clearly define pedestrian access from the parking area to the building(s). A clearly defined visible and identifiable network of pedestrian connections should be provided in and between parking lots, street sidewalks, open spaces, buildings and public transit.
F. Changes to Approved Site Plans The following types of amendments to approved site plans are permitted, upon written request of the property owner holding the approved application. 1. Changes Approved by the Executive Director of City Planning Commission The Executive Director of the City Planning Commission may approve minor revisions to the site plans when such matter is not considered by the City Planning Commission or City Council in Paragraphs 2 and 3 below. Minor revisions are those that appear necessary in light of technical considerations brought to light by the applicant or the City. Additionally, the Executive Director may approve: a. Any changes to building materials or building facades, provided that the change in materials is listed as a permitted material. b. Any increases in floor area of structures, provided that the floor area not expand beyond twenty percent (20%). c. Any height increases to existing structures, provided that the height of the structure does not increase beyond ten percent (10%) and the height does not exceed the height limit established for the district. d. Any changes in the uses of the buildings, provided that the use is permitted in the applicable district. e. Rearrangements of internal streets and driveways, where such is found to be consistent with previous approvals, improves traffic circulation and/or otherwise improves the site plan. f. Such additional changes, adjustments, or alterations to elements of the site plan, such as walks, fencing, signs, lighting, landscaping or other elements, as may be necessary or desirable to improve the quality of the approved site plan or to provide for consistency with such other changes as may be authorized in this section.
2. Changes Approved by the City Planning Commission The City Planning Commission, upon recommendation of other applicable City departments or commissions, may approve the following changes: a. Increases or decreases in, or the rearrangement of, off-street parking spaces in any part of the site plan.
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b. Increases in total building coverage of any structure beyond twenty percent (20%) in any part of the site plan. c. Increases in height of any individual structure beyond ten percent (10%) and up to twenty percent (20%) of the approved height of said structure, provided that the requested height does not exceed the height limit established in the district. d. Increases in the number of structures permitted in any part of the site plan. 3. Changes Approved by the City Council The City Council, upon recommendation of the City Planning Commission and other applicable City departments or commissions, may approve all other changes to the approved site plan. However, if a new conditional use or a new variance is proposed, the applicant is required to resubmit a new site plan for approval. G. Expiration and Extension of Time 1. Expiration Unless otherwise permitted or restricted by this Ordinance, an approved site plan is valid for three (3) years from the date of stamped approval. After three (3) years, the site plan approval will expire and no construction or use is permitted until a new site plan is approved. 2. Extension of Time If the applicant requests an extension of the site plan approval, in writing, prior to the date of expiration to the Executive Director of the City Planning Commission, the Executive Director may consider the request prior to the date of expiration, and, for good cause shown, the site plan approval may be extended for a period not to exceed twelve (12) months. 4.5 VARIANCES A. Purpose The purpose of the variance procedure is to afford an applicant relief from the requirements of the letter of this Ordinance when unnecessary hardship or practical difficulty exists. B. Initiation Applications for zoning variances may be filed by a property owner in the City or other person expressly authorized in writing by the property owner. C. Variances and Administrative Exceptions 1. The Board of Zoning Adjustments is authorized to render final decisions on application for variances from the regulations of this Ordinance, unless the application meets the criteria of an administrative exception in Paragraph 2 below. 2. The Executive Director of the City Planning Commission is authorized to render final decisions on the following types of administrative exceptions:
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a. A reduction in the required lot width, lot depth and lot area of no more than ten percent (10%). b. Reduction in required setbacks of no more than ten percent (10%) or two (2) feet, whichever is less. c. Reduction of required off-street parking spaces by no more than one (1) parking space or ten percent (10%) of the required minimum amount, whichever is greater. d. For a nonconforming structure of at least fifty (50) years of age, reductions in yard and bulk requirements, and reduction or exemption of off-street parking and loading requirements. D. Authority Variances are authorized by the terms of this Ordinance. The Executive Director of the City Planning Commission is authorized to grant certain administrative exceptions, as defined in Paragraph C.1 above. All other variances may only be authorized by the Board of Zoning Adjustments. E. Procedure 1. Submittal of Application All applications must be filed with the Executive Director of the City Planning Commission in accordance with the requirements in Section 3.2 (Application). When the application is deemed complete, the Executive Director of the City Planning Commission must decide whether the application is for an administrative exception or a variance. 2. Administrative Exception a. The Executive Director of the City Planning Commission must review and evaluate the complete application, pursuant to the standards in Paragraph G (Approval Standards) below. Notice is required in accordance with Section 3.3 (Notice). The Executive Director of the City Planning Commission must render a decision within thirty (30) days of the date indicated on the required notice. b. If a property owner objects to the administrative exception application in writing, prior to the date indicated on the notice, the application must be resubmitted by the applicant to the Board of Zoning Adjustments as a variance. The variance application, notice and public hearing requirements must be met, however no new fees are required. c. The Executive Director of the City Planning Commission must render a decision in writing. Based upon the evidence presented in the application, the Executive Director must evaluate the application against the standards in Paragraph G (Approval Standards) below. d. If the Executive Director of the City Planning Commission denies the application for an administrative exception, the applicant has the right to appeal to the Board of Zoning Adjustments. Appeals must be filed within thirty (30) days of the decision.
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3. Variance a. The Board of Zoning Adjustments must conduct a public hearing in accordance with Section 3.4 (Public Hearing) in forty-five (45) days from the date the application is docketed. Notice for the public hearing is required in accordance with Section 3.3 (Notice). b. Based upon the evidence presented at the public hearing, the Board of Zoning Adjustments must evaluate the application against the standards in Paragraph G (Approval Standards) below. c. The Board of Zoning Adjustments may approve, approve with conditions or deny the application within forty-five (45) days of the close of the public hearing. d. The decision must be filed in the office of the Board of Zoning Adjustments within ten (10) days of the vote. Failure to file the decision will not delay issuance of a building permit in accordance with a favorable vote if the conditions attached to the building permit are in complete accord with the action of the Board of Zoning Adjustments. Within ten (10) days of the effective date of the decision, written notification of such action must be mailed to the applicant, stating the action taken and including all conditions imposed and times established for satisfaction of such conditions, if any. F. Conditions and Restrictions 1. The Executive Director of the City Planning Commission and the Board of Zoning Adjustments, as appropriate, may impose such conditions and restrictions upon the location, construction, design and use of the property benefited by an administrative exception or variance as necessary or appropriate to protect the public interest and adjacent property. Failure to maintain such conditions or restrictions as may be imposed constitutes grounds for revocation of the administrative exception or variance. The terms of relief granted, including any conditions or restrictions, must be specifically set forth in the approval. 2. The Executive Director of the City Planning Commission or the Board of Zoning Adjustments may grant an administrative exception or variance less than requested when the record supports the applicants right to some relief, but not to the entire relief requested. G. Approval Standards The Executive Director of the City Planning Commission may authorize an administrative exception and the Board of Zoning Adjustments may authorize a variance only when the evidence presented supports a finding that each case indicates all of the following: 1. Special conditions and circumstances exist that are peculiar to the land or structure involved and are not generally applicable to other lands or structures in the same zoning district. 2. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. 3. The special conditions and circumstances do not result from the actions of the applicant.
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4. Granting the variance or administrative exception requested will not confer on the applicant any special privilege which is denied by this Ordinance to other lands or structures in the same district or similarly situated. 5. The variance or administrative exception, if granted, will not alter the essential character of the locality. 6. Strict adherence to the regulation by the property would result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience. 7. The request for the variance or administrative exception is not based primarily upon a desire to serve the convenience or profit of the property owner or other interested party(s). 8. The granting of the variance or administrative exception will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 9. The proposed variance or administrative exception will not impair an adequate supply of light and air to adjacent property, or increase substantially the congestion in the public street, or increase the danger of fire, or endanger the public safety. H. Expiration of Approvals A variance or administrative exception expires one (1) year from the date of approval unless a building permit is obtained within such period and substantial construction is started or the use is commenced within such period. The Board of Zoning Adjustments may grant an extension of such period, upon written application, and with good cause shown, subject to verification that the approval standards of Paragraph G (Approval Standards) above are still met. I. Appeals 1. An aggrieved party may appeal the Executive Director of the City Planning Commission decision on administrative exceptions to the Board of Zoning Adjustment within thirty (30) days of the Directors decision. 2. An aggrieved party may appeal the Board of Zoning Adjustment decisions on variance applications to the Orleans Parish Civil District Court within thirty (30) days of the Board of Zoning Adjustments decision. 4.6 MINOR MAP ADJUSTMENTS A. Purpose The purpose of a minor map adjustment is to eliminate split-lot classifications, shift boundaries to coincide with a newly created lot line as part of a subdivision or resubdivision, or create uniform boundary lines on the Official Zoning Map or Future Land Use Map of the Master Plan. B. Initiation Applications for minor map adjustments may be initiated by a property owner in the City or other person expressly authorized in writing by a property owner, the City Planning Commission and the City Council in the following instances:
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1. Where subdivisions or resubdivisions would create a lot line that no longer coincides with an existing zoning district boundary on the Official Zoning Map or land use boundary on the Future Land Use Map of the Master Plan. 2. Where split-lot zoning classification or split-lot land use designation occurs on the Official Zoning Map or land use boundary on the Future Land Use Map. Split-lot zoning or splitlot and use is defined as two (2) or more zoning classifications or land use designations applied to one (1) lot. 3. Where such minor map adjustment would result in uniform boundary lines. C. Authority The Board of Zoning Adjustments is authorized to approve a minor map adjustment to the Official Zoning Map and the Executive Director of the City Planning Commission is authorized to approve a minor map adjustment to Future Land Use Map of the Master Plan. D. Procedure 1. Submittal of Application An application for a minor map adjustment must be filed with the Executive Director of the City Planning Commission. All applications for a minor map adjustment must be filed in accordance with the requirements in Section 3.2 (Application). 2. Action on Application a. An application for a minor map adjustment to the Future Land Use Map of the Master Plan must be considered by the Executive Director of the City Planning Commission within forty-five (45) days of receipt of a complete application. An application for a minor map adjustment to the Official Zoning Map must be considered by the Board of Zoning Adjustments in forty-five (45) days from the date the application is docketed. b. The Board of Zoning Adjustments or the Executive Director of the City Planning Commission, as appropriate, may either approve or deny the application for minor map adjustments. c. The application must be evaluated based upon the standards in Paragraph E (Approval Standards) below. E. Approval Standards When considering an application for a minor map adjustment, the Board of Zoning Adjustments or the Executive Director of the City Planning Commission, as appropriate, must find that the application meets both of the following standards: 1. The minor map adjustment does not constitute a substantive change in zoning or land use that would adversely affect adjacent property. 2. The minor map adjustment does not grant a less restrictive classification to a lot of sufficient size or configuration as to constitute a building site, unless the lot is separated from property within a more restrictive zoning district or land use category by a street, canal or similar public right-of-way.
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F. Appeals 1. An aggrieved party may appeal the decision of the Executive Director of the City Planning Commission on minor map adjustments to the Future Land Use Map of the Master Plan to the City Planning Commission within thirty (30) days of the Executive Directors decision. 2. An aggrieved party may appeal the Board of Zoning Adjustments decisions on minor map adjustments to the Official Zoning Map to the Orleans Parish Civil District Court within thirty (30) days of the Boards decision. 4.7 ZONING APPEALS A. Purpose Appeals to the Board of Zoning Adjustments may be filed by an aggrieved party or by any officer, department, commission, board, bureau, or any other agency of the City affected by any decision of the Director of the Department of Safety and Permits or the Executive Director of the City Planning Commission concerning decisions on the following applications of this Ordinance: 1. The decision of the Executive Director of the City Planning Commission on administrative exception applications. 2. The decision of the Executive Director of the City Planning Commission on site plan review. 3 The decision of the Director of the Department of Safety and Permits on zoning verifications.
4. The decision of the Director of the Department of Safety and Permits on interpretations. 5. The decision of the Director of the Department of Safety and Permits on sign permits. B. Time Limit No appeal is allowed after the expiration of thirty (30) days from the date the decision is rendered by the Director of the Department of Safety and Permits or the Executive Director of the City Planning Commission. C. Application Upon the filing of an application for an appeal of a Director of the Department of Safety and Permits or Executive Director of the City Planning Commission decision, the Board of Zoning Adjustments must conduct a public hearing in accordance with Sections 3.4 (Public Hearing) and make a final decision within forty-five (45) days from the date the application is docketed. The Director of the Department of Safety and Permits or the Executive Director of the City Planning Commission must produce all papers, correspondence and records requested by the Board of Zoning Adjustments for any hearing or meeting held by the Board. D. Stay of Proceedings An appeal stays all administrative proceedings in furtherance of the action appealed from, unless the Director of the Department of Safety and Permits certifies to the Board of Zoning Adjustments, after the notice of appeal is filed, by reason of facts stated in the certificate, that
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a stay would, in the Directors opinion, cause imminent peril of life or property. In such case, proceedings may not be stayed after application to the Board or to the Civil District Court and notice to the Director of the Department of Safety and Permits, for due cause shown thereon, unless a restraining order is issued. 4.8 ZONING VERIFICATION A. Purpose The purpose of a zoning verification is to promote compliance with this Ordinance by establishing a procedure for the City to verify that an application complies with all standards of the Ordinance prior to issuance of a building permit, occupancy permit or business license. B. Authority The Director of the Department of Safety and Permits must review and approve zoning verifications in accordance with the provisions of this section. C. Applicability No structure or land may be used or occupied, in whole or in part, for any purpose, until a zoning verification has been issued stating that the use, structure and site improvements comply with the provisions of this Ordinance. A zoning verification must be issued prior to issuance of a building permit, occupancy permit or business license. A zoning verification is needed only for the first permit or license issued for the building or site. For example, new construction that requires both a building permit and an occupancy permit only requires a zoning verification for the building permit. D. Process 1. The Director of the Department of Safety and Permits issues a zoning verification as part of a building permit, occupancy permit or business license. 2. When a zoning verification is issued in conjunction with a building permit, occupancy permit or business license, no separate application is required. 3. An applicant may request a zoning verification. The applicant must submit an application containing the following material, unless waived by the Director of the Department of Safety and Permits: a. A completed application containing the applicants names, address and interest in the subject property. b. The name and address of the owner of the subject property, if different from the applicant, and the owners signed consent to the filing of the application. c. The street address and legal description of the subject property. d. The present zoning classification and use of the subject property. e. The proposed use or uses of the subject property and a brief description of the construction, reconstruction, remodeling or alteration requiring the issuance of a zoning verification.
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f. Such other and further information or documentation as the Zoning Administrator may deem necessary or appropriate for a full and proper consideration and deposition of the particular application.
E. Appeals An applicant may appeal the zoning verification decision by the Director of the Department of Safety and Permits to the Board of Zoning Adjustments within thirty (30) days of the decision. 4.9 INTERPRETATION A. Purpose The interpretation process recognizes that the provisions of this Ordinance, though detailed and extensive, cannot, as a practical matter, address every specific situation to which they are applied. Many such situations can be readily addressed by an interpretation of the specific provisions of this Ordinance in the context of other general and specific Ordinance provisions. The interpretation authority is not intended to add or change the essential content of this Ordinance, but only to allow authoritative application of that content to specific cases. In addition, this interpretation process also provides a process to verify that proposed zoning changes are in conformance with the Master Plan. B. Initiation 1. A written application for a zoning or Master Plan conformance interpretation may be filed by a property owner in the City or other person expressly authorized in writing by the owner. 2. The City Council, the Executive Director of the City Planning Commission or the City Planning Commission may request that the Director of the Department of Safety and Permits render a zoning interpretation. 3. The City Council or the City Planning Commission may request that the Executive Director of the City Planning Commission render a Master Plan conformance interpretation. C. Application 1. All applications for a zoning interpretation must be filed with the Director of the Department of Safety and Permits in accordance with the requirements in Section 3.2 (Application). 2. All applications for a Master Plan conformance interpretation must be filed with the Executive Director of the City Planning Commission in accordance with the requirements in Section 3.2 (Application). D. Authority and Execution 1. The Director of the Department of Safety and Permits will review and make final written decisions on requests for zoning interpretations. 2. The Executive Director of the City Planning Commission will review and make final written decisions on requests for Master Plan conformance interpretations.
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E. Procedure 1. All applications for a zoning interpretation must be filed with the Director of the Department of Safety and Permits. The Director of the Department of Safety and Permits must review a request for an interpretation and render the written interpretation within forty-five (45) days of receipt of a complete application. The Director of the Department of Safety and Permits has the ability to request additional information prior to rendering an interpretation. The Director of the Department of Safety and Permits must maintain a written record of all interpretations. 2. All applications for a Master Plan conformance interpretation must be filed with the Executive Director of the City Planning Commission in accordance with the requirements in Section 3.2 (Application). The Executive Director of the City Planning Commission must review a request for an interpretation and render the written interpretation within forty-five (45) days of receipt of a complete application. The Executive Director of the City Planning Commission has the ability to request additional information prior to rendering an interpretation. The Executive Director of the City Planning Commission must maintain a written record of all interpretations. F. Appeals 1. An aggrieved party may appeal a zoning interpretation decision by the Director of the Department of Safety and Permits to the Board of Zoning Adjustments within thirty (30) days of the decision. 2. An aggrieved party may appeal a Master Plan conformance interpretation decision by the Executive Director of the City Planning Commission to the City Planning Commission within thirty (30) days of the decision. 4.10 SIGN PERMIT A. Permit Required 1. No sign may be erected, constructed, posted, painted, altered, maintained or relocated until a sign permit has been issued by the Director of the Department of Safety and Permits. 2. Before a sign permit may be issued in the Vieux Carr Districts, the Vieux Carr Commission must grant approval. 3. Before a sign permit may be issued in a local historic district, the Historic District Landmarks Commission must grant approval. B. Application 1. Before any permit is issued, a sign permit application must be filed with the Director of the Department of Safety and Permits, together with three (3) sets of drawings, and/or specifications (one (1) to be returned to the applicant) as may be necessary to fully advise and acquaint the Director with the location, construction, materials, manner of illumination, securing or fastening, and the number of signs applied for. The wording of the sign or advertisement to be carried on the sign must also be included in the application, except in the case of signs where the copy or advertising is a changeable message sign and where such wording or advertising is not needed in computing the area of the sign.
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2. All signs which are electrically illuminated require a separate electrical permit and inspection. The application for a sign permit for the erection of a sign with electrical wiring and connections must be submitted to the Chief Electrical Inspector. The Chief Electrical Inspector will examine the plans and specifications to determine compliance with the electrical code as a condition of granting the sign permit. C. Permit Identification Each sign requiring a permit must be clearly marked with the permit number and name of the person or firm placing the sign on the premises. D. Inspection The Director of the Department of Safety and Permits may inspect, at such times as deemed appropriate, each sign regulated by this Ordinance. The purpose of the inspection is to ascertain whether the structure is secure or insecure, whether in need of repair or removal, or not in conformance with the permit application or otherwise in violation of the provisions of this Ordinance. E. Termination or Revocation of Permit Upon the termination or revocation of the sign permit, the licensee must remove the sign without cost or expense of any kind to the City. In the event of the failure, neglect or refusal on the part of the licensee to do so, the City may proceed to remove the same and charge the expense to the licensee. F. Validity of Permit All signs must be erected within six (6) months from the date of issuance of the permit. Otherwise the permit becomes null and void and a new sign permit is required. G. Appeals An applicant may appeal the Director of the Department of Safety and Permits sign permit decision to the Board of Zoning Adjustments within thirty (30) days of the decision. 4.11 ENFORCEMENT A. Purpose If any structure is erected, structurally altered, extended, moved or maintained, or any structure or land is used in violation of this Ordinance, the Director of the Department of Safety and Permits, or the Directors designee, in addition to other remedies, may institute any appropriate actions or proceedings to prevent such unlawful erection, structural alteration, extension, moving, maintenance, use, or other violations, to restrain, correct, or abate violation, to prevent the occupancy of such buildings, structure, or land or to prevent any illegal act, conduct, business, or use in or about such premises. Each day such violation continues constitutes a separate violation. B. Report of Violation Whenever a violation of this Ordinance occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating the causes and basis for the complaint, must be filed with the Director of the Department of Safety and Permits. In accordance with Louisiana Revised Statutes, the Department of Safety and Permits is designated as the
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authorized agency for the City of New Orleans and must be notified in writing of violations of the Ordinance in order for the prescriptive period to commence. C. Penalties The following persons may be found guilty of a misdemeanor punishable either by a fine, the minimum and maximum amounts as established in the Louisiana Revised Statutes, or not more than one-hundred fifty (150) days imprisonment, or both, for each and every day that such violation continues, and the correction of a violation does not restrain imposition of these penalties. 1. The owner or general agent of a structure or premises where a violation of any provision of these regulations has been committed or exists. 2. The lessee or tenant of an entire structure or entire premises where such general agent, lessee or tenant of any part of the structure or premises in which such violation has been committed or exists. 3. The general agent, architect, builder, contractor or any other person who commits, takes part in or who assists in any such violation or who maintains any structure or premises in which any such violation exists. D. New Violation Following Determination of Compliance Following any judicial determination that a violation of this Ordinance has occurred and compliance has been rendered, the Director of the Department of Safety and Permits must place in the records of the City a notation that compliance has been rendered. Any subsequent report of a violation of the regulations pertaining to the same or substantially the same matter constitutes a new violation and is subject to the same remedies herein provided.
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TABLE 4-2: ADMINISTRATIVE SUMMARY TABLE CONDITIONAL USE SITE PLAN REVIEW VARIANCES ADMINISTRATIVE EXCEPTIONS ZONING APPEALS ZONING VERIFICATION ZONING INTERPRETATION
ZONING TEXT AND MAP AMENDMENTS
SIGN PERMIT
APPLICATION INITIATION
Property owner in the city, a person authorized in writing by the property owner, or the City Council Initiated as part of other zoning applications or building permit An aggrieved party or city agency Property owner in the city or a person authorized in writing by the property owner Property owner in the city or a person authorized in writing by the property owner Property owner in the city or a person authorized in writing by the property owner
Property owner in the city, a person authorized in writing by the property owner, or the City Council
Property owner in the city, a person authorized in writing by the property owner, the City Planning Commission, or the City Council
Property owner in the city or a person authorized in writing by the property owner
APPLICATION FILING & COMPLETENESS DETERMINATION
Executive Director of the City Planning Commission None None None See Section 3.3 None None
Executive Director of the City Planning Commission
Director of the Department of Safety and Permits
Director of the Department of Safety and Permits None None
Director of the Department of Safety and Permits None None
PUBLIC NOTICE PUBLIC HEARING & RECOMMENDATION
See Section 3.3 City Planning Commission
See Section 3.3 City Planning Commission
See Section 3.3 Board of Zoning Adjustments
See Section 3.3 Board of Zoning Adjustments
FINAL DECISION
City Council
City Council
Board of Zoning Adjustments
APPEAL BODY
Orleans Parish Civil District Court
Executive Director of the City Planning Commission, City Planning Commission or City Council, as applicable Not Applicable (Site Plan Review Part of Other Applications) Orleans Parish Civil District Court Board of Zoning Adjustments
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ARTICLE 5. PLANNED DEVELOPMENTS

5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.1 PURPOSE INITIATION EXISTING PLANNED COMMUNITY DEVELOPMENTS AUTHORIZATION GENERAL STANDARDS FOR PLANNED DEVELOPMENTS EXCEPTIONS FROM DISTRICT REGULATIONS PROCEDURE SUBMITTAL REQUIREMENTS CHANGES TO APPROVED FINAL PLANS CONDITIONS AND GUARANTEES PURPOSE The purpose of these planned development regulations is to: A. Encourage flexibility in the development of land and in the design of structures. B. Encourage planned diversification in the location of structures. C. Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of this Ordinance. D. Provide for the efficient use of land to facilitate a more effective arrangement of land uses, buildings, circulation systems and utilities. E. Provide for more usable and suitably located open space and recreation areas than might otherwise be provided under the application of this Ordinance. F. Encourage the construction of appropriate aesthetic amenities that will enhance the character of the site. G. Guarantee construction of quality commensurate with other developments within the community and compatible with the character of the surrounding area and adjoining properties. H. Facilitate the implementation of the Master Plan. I. 5.2 Encourage the adaptive reuse of existing structures.
INITIATION An application for a planned development may be filed by a property owner in the City for that property in accordance with the provisions of Section 5.4 (Authorization).
5.3
EXISTING PLANNED COMMUNITY DEVELOPMENTS Existing Residential Planned Community Districts, Central Business District Planned Community Districts and Mixed-Use Planned Community Districts remain valid, must continue to comply with all requirements and conditions of their initial approval, and are considered planned developments. Any amendments to existing Residential Planned Community Districts, Central Business District Planned Community Districts and Mixed-Use Planned Community Districts must follow the procedures for amendment to planned developments in Section 5.9 (Changes to Approved Final Plans).
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Article 5 Planned Developments
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5.4
AUTHORIZATION A planned development is a conditional use in the applicable zoning districts (see district use tables). A planned development may be granted in accordance with the procedures and standards of this section, and the conditional use provisions of Section 4.3 (Conditional Use). Unless specifically approved by the ordinance granting or amending the planned development as a conditional use, the requirements of the underlying district apply.
5.5
GENERAL STANDARDS FOR PLANNED DEVELOPMENTS A. The site of the planned development must be under common ownership and/or unified control. If there are two (2) or more owners, the application for the planned development must be jointly filed by all such owners. B. Planned developments must meet the following minimum site size requirements. There is no minimum size requirement for a planned development within any district for the adaptive reuse of an existing institutional structure, such as a place or worship or educational facility. 1. A minimum of one (1) acre in the Environmentally Sensitive Development District. 2. A minimum of two (2) acres in the Rural Residential, Historic Core Neighborhood, Historic Urban Neighborhood and Destination Districts. 3. A minimum of five (5) acres in the Suburban Neighborhood and the Centers for Industry Districts. 4. A minimum of one and one-half (1) acres in the Central Business District. C. The ordinance authorizing a conditional use for a planned development may grant exceptions to the regulations contained in this Ordinance including, but not limited to, use, density, area, bulk, yards, off-street parking and loading, and signs to achieve the objectives of the proposed planned development. Such exceptions must be consistent with the procedures and standards of this Article. However, use exceptions are prohibited in any single-family or two-family residential district in the Rural Residential, Historic Core Neighborhood, Historic Urban Neighborhood and Suburban Neighborhood District with the exception of the adaptive reuse of existing institutional structures. D. Planned developments must be compatible with the purpose and intent of this Ordinance and the Master Plan, including the character established within the place districts of the city: Environmentally Sensitive Development District, Rural Residential, Historic Core Neighborhoods, Historic Urban Neighborhoods, Suburban Neighborhoods, Central Business District, Destination Districts and Centers for Industry. E. Planned developments must not adversely affect the natural environment. Natural assets and features, such as existing trees and native vegetation, must be protected and preserved to the greatest extent practical. F. The site must be accessible to public streets that are adequate to carry the traffic that will be generated by the proposed development. The streets and driveways within the proposed development must be adequate to serve the uses within the development. The applicant is responsible for the cost and installation of any additional traffic controls and regulating devices that may be required.
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G. All proposed streets, alleys and driveways must be adequate to serve the residents, occupants, visitors or other anticipated traffic. Access points to public streets, and the location of private streets, alleys and driveways are subject to City approval when granting the conditional use. H. The pedestrian circulation system and its related walkways must be located to provide for separation of pedestrian and vehicular movement and for maximum pedestrian safety. I. All planned developments must provide for acceptable design and construction of all utilities, roadways, parking facilities, landscape and other site improvements, in accordance with the requirements of this Ordinance and the City Code.
J. The planned development must meet the regulations of Section 21.2 (Adequate Public Facility Requirements), Section 21.3 (Environmental Performance Standards), Section 21.4 (Use of Land and Structures) and Section 23.13 (Stormwater Management Practices). 5.6 EXCEPTIONS FROM DISTRICT REGULATIONS A. A planned development is subject to the underlying district regulations unless the City Planning Commission recommends and the City Council grants an exception to the district regulations. Exceptions from district regulations may be granted for planned developments, if the City Planning Commission and City Council find that such exceptions meet the following standards. 1. The planned development, including all proposed exceptions, is consistent with the Master Plan, and the character and nature of existing and future development in the vicinity of the proposed planned development. This includes compatibility with the character established within the place districts of the City: Environmentally Sensitive Development District, Rural Residential, Historic Core Neighborhoods, Historic Urban Neighborhoods, Suburban Neighborhoods, Central Business District, Destination Districts and Centers for Industry. 2. For use exceptions, the additional uses allowed are aligned with the intent of the planned development, are compatible with uses existing or anticipated to occur upon the adjacent sites, and will be properly screened or buffered from adjacent properties as needed to minimize potential negative impacts. 3. The exceptions allow the planned development to preserve unusual topographic or natural features of the land. In addition, the exceptions provide more usable and suitably located open space and natural amenities than would otherwise be provided under the strict application of district standards. 4. The exceptions allow the planned development to implement innovative design features that would not be possible by application of the basic district regulations. This includes sustainable development techniques and green architecture, adaptive reuse of existing structures, and cluster development. 5. The physical characteristics of the planned development, including all proposed exceptions, will not adversely affect the future development of adjacent undeveloped areas. 6. The planned development, including all proposed exceptions, will continue to provide the same protection as the underlying district regulations in regard to fire, health hazards and other dangers.
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7. The planned development provides a public benefit to the City, as described in Paragraph B below. B. The underlying zoning district requirements apply, unless an exception is granted by as part of the conditional use approval. Exceptions to district regulations may be granted when such modifications do not negatively affect the value and enjoyment of surrounding property, the provision of municipal services, or the flow of traffic. To be granted an exception to district regulations within a planned development, the applicant must demonstrate a substantial benefit to the City. Aspects that contribute to a substantial benefit include, but are not limited to, superior design, enhanced amenities within the development, and a commitment to the use of appropriate sustainable design techniques as follows: 1. The applicant must commit to the use of sustainable design and architecture, such as the use and/or incorporation of green roofs, white roofs, bio-swales, solar panels, wind turbines and other energy efficient design concepts, new building technologies, and Leadership in Energy and Environmental Design (LEED) or LEED-equivalent structures. This requirement does not apply to a planned development for the adaptive reuse of an existing institutional structure. 2. The applicant must demonstrate superior design and enhanced amenities. The following design characteristics and amenities are provided as a guide for consideration as to whether to grant an exception to district requirements. The following items are a guide and not an exclusive list of requirements. Additional design characteristics and public benefits and amenities not listed below may be considered as part of the approval process. a. Enhanced design characteristics including, but not limited to, mixed-use development, circulation systems that utilize alleys or traffic-calming techniques, and a pedestrian-oriented environment. b. Community amenities including plazas, malls, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and transit facilities. c. Preservation of natural areas. d. Historic preservation. e. Adaptive reuse. f. Additional open space and recreational amenities such as recreational open space and playgrounds, including athletic fields, dog parks, and natural water features and conservation areas.
g. Additional public infrastructure improvements in addition to the minimum required by the planned development, such as new or repaved streets, provision of bicycle paths, installation of gutters and sewers, and traffic control devices to improve traffic flow. h. Affordable housing. i. j. Senior housing set-aside. Provision of accessible dwelling units with accessible features beyond what is required by the Americans with Disabilities Act (ADA) or any other applicable codes.
k. Provision of car and/or bicycle sharing facilities.
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5.7 PROCEDURE In the establishment and authorization of a planned development as a conditional use, the following procedures, requirements, restrictions and conditions must be observed. In addition to the conditional use procedures, approval of a planned development is a four-step process, which includes a pre-application meeting, Planning Advisory Committee meeting, preliminary plan and final plan. Submittal requirements for each step in the planned development process are in Section 5.8 (Submittal Requirements). A. Pre-Application Meeting [NOTE: Once a Neighborhood Participation Program is adopted, as described in the Master Plan and Charter Amendment, a pre-application process will be added to this section that describes neighborhood involvement in the process.] B. Planning Advisory Committee Meeting [NOTE: The submittal requirements for the PAC meeting will be the same as those required for the pre-application meeting.] Following the pre-application meeting, the applicant must present the plan to the Planning Advisory Committee for the purpose of obtaining information and guidance prior to entering into binding commitments or incurring substantial expense. The Planning Advisory Committee will review the plan and provide such information and guidance it deems appropriate. Any opinions or advice provided by the Planning Advisory Commission is in no way binding with respect to any official action the City Planning Commission or City Council may take on the subsequent formal application. C. Preliminary Plan 1. All applications for planned developments must submit a preliminary plan (submittal requirements in Section 5.8.B) to be filed with the Executive Director of the City Planning Commission, who must forward a copy to the City Planning Commission. 2. The City Planning Commission must review the preliminary plan and conditional use at a public hearing in fifty (50) days from the date the application is docketed. In sixty (60) days from the opening of the public hearing, the City Planning Commission must: a. Recommend approval, modified approval or denial of the preliminary plan and conditional use, and submit its written recommendation to the City Council. Each application must be evaluated against the specific standards for conditional uses in Section 4.3 (Conditional Use) and for planned developments in Section 5.5 (General Standards for Planned developments) and Section 5.6 (Exceptions from District Regulations). b. Advise the applicant in writing of any recommended changes, additions or corrections to the preliminary plan. The applicant may, within thirty (30) days, submit a revised preliminary plan for City Planning Commission consideration without paying an additional filing fee. The applicant may request and the City Planning Commission may approve additional time to submit a revised preliminary plan. The City Planning Commission must then recommend approval, modified approval or denial of the preliminary plan and conditional use, and submit its written recommendation to the City Council.
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c. If the City Planning Commission fails to act by a vote of the majority of the Commission members, the application will be forwarded to the City Council without recommendation. 3. The City Planning Commission recommendation to the City Council must set forth in what respects the planned development is or is not in the public interest including, but not limited to, findings on the following: a. The proposed planned development complies with the requirements and standards of Section 5.5 (General Standards for Planned developments). b. The site where the planned development is located is adaptable to the unified development proposed. c. The proposed planned development will not be detrimental to or endanger the public health, safety or welfare. d. The proposed planned development will not be injurious to the use and enjoyment of other property in the vicinity for the purposes already permitted. e. The proposed planned development will not diminish or impair property values within the neighborhood. f. The proposed planned development will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.
g. The planned development provides public benefits and amenities to the City in exchange for exceptions as required by Section 5.6 (Exceptions from District Regulations). h. There is provision for adequate utilities, drainage, off-street parking and loading, pedestrian access and all other necessary facilities. i. There is provision for adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets. The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities, are compatible with the surrounding neighborhood and adjacent land uses.
j.
k. All portions of the proposed planned development which are not to be used for structures, parking and loading areas, or access ways, are suitably landscaped. l. The location of the proposed planned development is consistent with the spirit and intent of this Ordinance and the Master Plan. 4. The City Council must hold a public hearing, in accordance with Section 3.4 (Public Hearing), and take action by motion of approval, modified approval or denial in sixty (60) days from receipt of a City Planning Commission recommendation. The City Council may, by motion, extend this sixty (60) day period one time. a. If the preliminary plan is denied, the City Council must state in writing the reasons for the denial, and such writing must be filed with the Director of Department of Safety and Permits and a copy sent to the applicant.
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b. If the City Council fails to take action by motion in sixty (60) days from receipt of the City Planning Commission recommendation, the application is denied. If the application is forwarded to the City Council without recommendation from the City Planning Commission and the City Council fails to take action by motion in sixty (60) days from the date it received the application, the application is denied. c. If the City Council takes action by motion of approval or modified approval, the City Council must forward the motion to the City Law Department for preparation of an ordinance. Once the ordinance is introduced by the City Council, the ordinance must layover a minimum of twenty-one (21) days before the Council may adopt. The City Council must adopt the final ordinance ratifying their decision within ninety (90) days of the date that it took action by motion. d. If the preliminary plan and conditional use is approved, the applicant must submit a final plan for the planned development, which will be recorded as part of the City Council approval. D. Final Plan Within one (1) year following the adoption of the final ordinance approving the preliminary plan the applicant must file a final plan (submittal requirements in Section 5.8.C below). The Executive Director of the City Planning Commission must review the final plan within sixty (60) days from the receipt of the complete final plan and take the following action: 1. Conformance with Preliminary Plan The Executive Director of the City Planning Commission must approve the final plan if it is in substantial compliance with the preliminary plan and all City regulations. 2. Nonconformance with Preliminary Plan a. If the final plan is held not to be in conformity with the preliminary plan or other regulations, the Executive Director of the City Planning Commission must inform the applicant with regard to specific areas found not to be in compliance, and the applicant may resubmit the final plan to the Executive Director of the City Planning Commission with changes to those areas found not to be in compliance. b. Once resubmitted, if the Executive Director of the City Planning Commission has determined the final plan to be in substantial compliance with the preliminary plan and all other City regulations, then the Executive Director of the City Planning Commission must approve the final plan. c. If the Executive Director of the City Planning Commission finds that the final plan is substantially changed from the approved preliminary plan or violates City ordinances, then the Executive Director of the City Planning Commission must deny the final plan. E. Final Approval After the approval of the final plan, the use of the land and the construction, modification or alteration of any structures within the planned development is governed by the approved final plan rather than by other provisions of this Ordinance.
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5.8
SUBMITTAL REQUIREMENTS For each step of the planned development approval process, the following submittals are required. A. Pre-Application and Planning Advisory Committee Meeting [NOTE: Once a Neighborhood Participation Program is adopted, as described in the Master Plan and Charter Amendment, a pre-application process will be added to this Article. This will also determine the submittal requirements for the meeting, which will also be used for the PAC meeting.] B. Preliminary Plan A preliminary plan for a planned development must include the following, unless waived by the Executive Director of the City Planning Commission: 1. The all site plans and maps must be prepared to the following scale: a. For projects containing more than two-hundred (200) acres, not more than twohundred (200) feet to one (1) inch. b. For projects containing fifty (50) acres to two-hundred (200) acres, not more than one-hundred (100) feet to one (1) inch. c. For projects containing more than ten (10) but less than fifty (50) acres, not more than sixty (60) feet to one (1) inch. d. For projects containing ten (10) acres or less, not more than fifty (50) feet to one (1) inch. 2. Any specific requirements set forth in the zoning district regulations and the following information: a. Name and address of property owner and date of preparation of the plan. b. Name and address of architect, landscape architect, planner, engineer, surveyor, or other persons responsible for the preparation of the plan. c. Site boundaries and dimensions, site acreage and square footage, and approximate distance to the nearest cross street. d. Location map, north arrow and title block. e. Natural features including tree masses, floodplains, drainageways and bayous. f. Proposed and existing land use and zoning classifications on-site and existing land uses on adjacent properties.
g. Building envelopes including maximum building intensity, density, heights and use restrictions as appropriate. h. Public streets and private drives with pavement widths, curb cut widths, buffers, rightof-way, median openings, turn lanes including stacking and transitional spaces, and driveways including those on adjacent property with approximate dimensions.
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i.
Proposed dedications and reservations of land for public or common use, including but not limited to: rights-of-way, easements, open space, drainageways, floodplains and public facility sites. Existing and proposed utilities and easements.
j.
k. A proposed phasing plan that identifies the sequence of development if the project is to be developed in phases and a time schedule for installation of major capital improvements to serve the development, including delineation of areas, building sites, land use and improvements to be constructed in independent phases and the scheduled timing and sequencing of such development. l. Proposed buffers from existing uses on adjacent sites.
m. A chart depicting the following information by phase: acreage of each proposed phase; total number of dwelling units by type, lot size, and dwelling unit sizes; and projected population and total gross floor area (square feet) for each non-residential use. 3. A site plan drawn to the required scale showing: a. The location, area, height, bulk and approximate dimensions of all existing and proposed buildings and structures within the planned development. b. The use(s) of existing and proposed structures. c. The dimensions of all perimeter setbacks and the distance between all structures. d. The location and dimensions of all pedestrian walkways, bicycle paths, driveways, curb cuts, streets, alleys, parking and loading facilities, including the number of parking spaces serving each use and all parking-related screening and landscaping. e. The location, height, design and illumination characteristics of all external lighting within the development. f. The location and dimensions of any areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, places of worship, educational facilities, public buildings or for any other public or quasi-public use.
4. Typical building elevations and schematic design presentations prepared by a licensed architect indicating the general architectural character of all proposed buildings and structures. 5. A traffic circulation plan and traffic impact analysis indicating the proposed movement of vehicles, goods and pedestrians within the planned development, and to and from adjacent streets, and the impact of the proposed planned development upon existing traffic patterns. Such studies must also include an examination of the adequacy of on-site parking facilities, vehicular circulation patterns and pedestrian access and safety. 6. A sustainability plan setting forth all proposed improvements, project elements and actions taken to enhance environmental sustainability, including provisions for continuing maintenance where necessary.
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7. A landscape plan prepared by a licensed landscape architect indicating the general character of all proposed landscaping, screening and fencing, including all open space areas around structures. 8. A separate schedule setting forth any proposed exceptions to any City regulations. This schedule must cite each regulation from which an exception is sought by section number. C. Final Plan A final plan for a planned development must include the following, unless waived by the Executive Director of the City Planning Commission: 1. The final plan must be prepared at a scale of no less than one (1) inch equals onehundred (100) feet or a larger scale as required by Section 5.8.B.1 above. 2. In addition to any specific requirements set forth in the zoning district regulations, the final plan must contain the following information: a. Name and address of property owner and date of preparation of the plan. b. Name and address of architect, landscape architect, planner, engineer, surveyor, or other persons involved in the preparation of the plan. c. Site boundaries and dimensions, lot lines, site acreage and square footage, and approximate distance to the nearest cross streets. d. Location map, north arrow, title block and site data summary table. e. Topography at two (2) foot intervals or less. f. Natural features including tree masses and anticipated tree loss, drainageways, creeks, and limits of the 100-year floodplain and floodway as shown on current Federal Emergency Management Agency or successor agency mapping, including location and acreage.
g. Proposed and existing land use and zoning classifications on-site and existing land uses on adjacent properties. h. Building envelopes, locations and footprints including building size, intensity, density, height, setback, use, building materials proposed and location of entrances and exits. i. Elevations and perspectives to show the relationship of building heights to surrounding topography. Public streets, private drives, alleys, fire lanes with pavement widths, rights-of-way, buffers, median openings, turn lanes (including storage and transition space), bicycle paths, sidewalks and driveways (including those on or planned on adjacent property) with dimensions, radii and surface types.
j.
k. Parking areas and structures, aisles and spaces, handicap spaces, ramps, crosswalks, sidewalks and other facilities for pedestrian circulation, and loading areas with typical dimensions and surface types. l. Access servitudes and the location of any off-site parking areas.
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m. Accurate outlines of proposed dedications and reservations of land for public or common use, including but not limited to: rights-of-way, servitudes, park land, open space, drainageways, floodplains, and facility sites. n. Screening walls, fences, living screens, retaining walls, headlight screens and service area screens. o. Landscaping and open space areas with dimensions and total square footage. p. Existing and proposed topography reflecting proposed handling of on-site surface drainage, proposed improvements and method of maintenance for any drainage channels. q. Existing and proposed gas mains or other underground structures, water and sanitary sewer mains and service lines with sizes, valves, fire hydrants, manholes, and other structures on site or immediately adjacent to the site specified. r. Phases of development, including delineation of areas, building sites, land uses and improvements to be constructed in independent phases and the scheduled timing and sequencing of development.
s. Proposed buffers from existing uses. 5.9 CHANGES TO APPROVED FINAL PLANS A. During Construction During the construction of the planned development, the procedure for changes to approved final plans is as follows: 1. Minor Changes a. Minor changes, if required by engineering or other physical site circumstances not foreseen at that time that the final plan was approved, may be approved by the Executive Director of the City Planning Commission. However, any change considered a major change in Paragraph 2 below cannot be approved by the Director as a minor change. b. The Executive Director of the City Planning Commission may also, at the Directors discretion, determine that any proposed minor change to an approved final plan constitutes a major change and must be approved by the City Council in accordance with the procedures for a major change. 2. Major Changes a. Major changes are those listed below and may only be approved by the City Council following a review and public hearing by the City Planning Commission. b. Any change in land use, building height or density, the arrangement of lots, blocks and building changes that substantially affect the basic design, density or bulk of the development is considered a major change, and must be approved by the City Council. Major changes are defined as: i. An increase or decrease in the number of dwelling units from that approved in the final plan.
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ii. An increase in building height by more than ten percent (10%) of the height approved in the final plan. iii. An increase in building coverage by more than ten percent (10%) of the percentage approved in the final plan. iv. A decrease in open space by more than ten percent (10%) from that approved in the final plan. v. A change of twenty (20) feet or more in the location of walkways, vehicle circulation ways and parking areas, or exterior building walls as measured in linear feet. vi. A change in the location and arrangement of land uses within the development from that shown on the approved final plan. vii. A change or relocation of rights-of-way from that shown on the approved final plan that decreases their functionality or adversely affects their relation to surrounding land use and right-of-way elements. viii. An increase or decrease in the amount of any land use in any phase of the development by more than ten percent (10%) or a change in the overall final approved land use mix. ix. A reduction in the number of parking spaces or an increase of more than ten (10) parking spaces. x. A substantial change in building design, building material selection or percentage of various approved building materials. The Executive Director of the City Planning Commission will determine when a change is substantial. When such change is for a planned development in a historic district, the Vieux Carr Commission or Historic District Landmarks Commission, as applicable, must review and approve such change. xi. A change to the landscape plan that results in a reduction of plant material. Changes to the landscape plan, which do not result in a reduction of plant material or violate the landscaping requirements of this Ordinance, are not considered a major change. B. After Construction After the completion of construction of the planned development, any structure that is damaged or destroyed may be reconstructed only in compliance with the final plan, unless an amendment to the final plan is approved. Changes to the approved final plan are allowed as follows: 1. Minor changes, as described above, may be approved by the Executive Director of the City Planning Commission. 2. All other changes to the final plan must be approved by the City Council following the conditional use process (Section 4.3). The City Council may only approve changes to the final plan if they find such changes are necessary for the continued successful functioning of the planned development, because of changes in conditions that have occurred since the final plan was approved, or because of changes in the development policy of the City.
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3. Upon review of the proposed changes, the City Council may determine that the proposed changes constitute a new application and must be resubmitted as a new planned development application in accordance with this Article. C. Recording of Changes to Final Plan All changes to the final plan must be recorded as amendments to the planned development ordinance. If changes are allowed in a final plan, then a new plan reflecting such changes must be filed with the City noting the date of the changes before a building permit may be issued. 5.10 CONDITIONS AND GUARANTEES Prior to granting any conditional uses, the City Planning Commission may recommend and the City Council may stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the planned development as deemed necessary to guarantee performance of all conditions.
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ARTICLE 6. ZONING DISTRICTS & ZONING MAP

6.1 6.2 6.3 6.1 PURPOSE INTRODUCTION TO ZONING DISTRICTS EXEMPTIONS FOR ESSENTIAL SERVICES PURPOSE The purpose of this Article is to outline the different zoning districts within this Zoning Ordinance and to introduce the Official Zoning Map. 6.2 INTRODUCTION TO ZONING DISTRICTS In order to carry out the purpose and intent of this Ordinance, the City of New Orleans is divided into the following zoning districts: A. Open Space Districts OS-N Neighborhood Open Space District OS-G Greenway Open Space District OS-R Regional Open Space District CZ Coastal Zone District NA Natural Areas District ESD Environmentally Sensitive Development District B. Rural Residential Districts RRE Rural Residential Estate District M-MU Maritime Mixed-Use District C. Historic Core Neighborhoods VCR-1 Vieux Carr Residential District VCR-2 Vieux Carr Residential District HMR-1 Historic Marigny/Trem Residential District HMR-2 Historic Marigny/Trem Residential District HMR-3 Historic Marigny/Trem Residential District VCC-1 Vieux Carr Commercial District VCC-2 Vieux Carr Commercial District VCE Vieux Carr Entertainment District VCE-1 Vieux Carr Entertainment District VCS Vieux Carr Service District VCS-1 Vieux Carr Service District HMC-1 Historic Marigny/Trem Commercial District HMC-2 Historic Marigny/Trem Commercial District HMLI Historic Marigny/Trem Light Industrial District VCP Vieux Carr Park District D. Historic Urban Neighborhoods HU-RS1 Single-Family Residential District HU-RD1 Two-Family Residential District HU-RD2 Two-Family and Townhouse Residential District HU-RM1 Multi-Family Residential District
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Article 6 Zoning Districts & Zoning Map
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HU-RM2 Multi-Family Residential District HU-B1A Established Neighborhood Business Use District HU-B1 Neighborhood Business District HU-MU Neighborhood Mixed-Use District E. Suburban Neighborhoods S-RS1 Single-Family Residential District S-RD1 Two-Family and Townhouse Residential District S-RM1 Multi-Family Residential District S-RM2E Multi-Family Residential District S-LRS1 Lakeview Single-Family Residential District S-LRS2 Lake Vista and Lake Shore Single-Family Residential District S-LRS3 Lakewood and Country Club Gardens Single-Family Residential District S-LRD1 Lake Vista Two-Family Residential District S-LRD2 Lakewood/Parkview Two-Family Residential District S-LRM1 Lake Area Low-Rise Multiple-Family Residential District S-LRM2 Lake Area High-Rise Multiple-Family Residential District S-B1 Suburban Business District S-B2 Pedestrian-Oriented Corridor Business District S-LB1 Lake Area Neighborhood Business District S-LB2 Lake Area Neighborhood Business District S-LC Lake Area General Commercial District S-LP Lake Area Neighborhood Park District S-LM Lake Area Marina District F. Destination Districts C1 General Commercial District C2 Auto-Oriented Commercial District C3 Heavy Commercial District MU-1 Medium Intensity Mixed-Use District MU-2 High Intensity Mixed-Use District EC Educational Campus District MC Medical Campus District MS Medical Service District G. Centers for Industry LI Light Industrial District HI Heavy Industrial District MI Maritime Industrial District BIP Business-Industrial Park District LS Life Science Mixed-Use District H. Central Business District CBD-1 Business and Financial Core District CBD-2 Mixed-Use District CBD-3 Cultural Arts District CBD-4 Exposition District CBD-5 High-Rise Residential District CBD-6 Medical Center District
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I.
Overlay Zoning Districts UC Urban Corridor Overlay District ENORC Eastern New Orleans Renaissance Corridor Overlay District HUC Highway Urban Corridor Overlay District Inner-City Urban Corridor Overlay District Lower St. Charles Avenue Overlay District RDO Residential Diversity Overlay District AC Arts And Culture Overlay District
6.3
EXEMPTIONS FOR ESSENTIAL SERVICES The following essential services may be permitted erected, constructed, altered, or maintained in any zoning district, subject to site plan review (Section 4.4): A. Traffic signals, fire hydrants, and similar equipment and accessories. B. Gas, electric, communication, water supply, and transmission/distribution systems. C. Elevated or underground water storage tanks. D. Stormwater and sanitary sewer collection and disposal systems. E. Utility poles, wires, mains, drains, pipes, conduits and cables reasonably necessary for the furnishing of adequate service by public utilities, municipal or other governmental agencies for the public health, safety and welfare. F. Streets.
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ARTICLE 7. OPEN SPACE DISTRICTS

PURPOSE OF THE OPEN SPACE DISTRICTS The Open Space Districts provide residents with access to active and passive recreation areas, protect the Citys cemeteries, and preserve national resources within the wetlands and coastal areas. In some districts, only limited development is appropriate such as cultural facilities while in other areas the predominant character should emphasize the natural environment. CHARACTER OF THE OPEN SPACE DISTRICTS The character of the Open Space Districts is defined by: Neighborhood open space designed for active and passive recreation for local residents in the surrounding neighborhoods Linear greenways that include pedestrian trails and bike paths and link neighborhoods in the City Regional parks that draw visitors from the entire region, like City Park, Joe Brown Park and Audubon Park, for both active and passive recreation areas, including access to the waterfront through beaches and piers, and cultural activities Preservation of remote coastal areas of marsh, estuary or waterway to preserve waterfowl and fishery habitats Protection and preservation of existing natural areas, such as wetlands, to provide stormwater protection and reduce flooding possibilities Protection of the Citys historic cemeteries
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ARTICLE 7. OPEN SPACE DISTRICTS

7.1 7.2 7.3 7.4 7.5 7.6 7.1 PURPOSE STATEMENTS USES SITE DESIGN STANDARDS OS-G DISTRICT DESIGN STANDARDS PLANNED DEVELOPMENTS IN THE ESD DISTRICT GENERAL STANDARDS OF APPLICABILITY PURPOSE STATEMENTS A. Purpose of the OS-N Neighborhood Open Space District The purpose of the OS-N Neighborhood Open Space District is to provide a classification for parks located within neighborhoods that serve as active and passive recreation areas for residents in the local area. Neighborhood parks are smaller in scale than regional parks and more limited in the types of recreational uses allowed. The OS-N District also provides protection for the Citys historic cemeteries. B. Purpose of the OS-G Greenway Open Space District The purpose of the OS-G Greenway Open Space District is to provide a classification for corridors of open space that provide a connection between neighborhoods and public amenities such as cultural facilities and larger parks. The physical form of a greenway is more linear in nature and typically accommodates additional modes of transportation such as pedestrian trails and bike paths. Because of this form, design standards are applied to developments adjacent to the greenway to maintain a pedestrian-friendly orientation. C. Purpose of the OS-R Regional Open Space District The purpose of the OS-R Regional Open Space District is to provide a classification for large parks that draw visitors from the entire region. A regional park includes both active and passive recreation areas, but also includes certain ancillary commercial activities such as cultural facilities, performance venues and restaurants. The OS-R District also includes waterfront recreational activities, such as beaches and public piers. D. Purpose of the CZ Coastal Zone District The purpose of the CZ Coastal Zone District is to provide a classification for more remote coastal areas of marsh, estuary or waterway that are in a natural state and have been minimally impacted by man-made activity. The CZ District is intended to preserve these waterfowl and fishery habitats by allowing only limited development to ensure the ecological viability of these wetlands and waterbodies. E. Purpose of the NA Natural Areas District The purpose of the NA Natural Areas District is to protect and preserve existing natural areas such as wetlands. Very limited development is allowed, and must be compatible with and cause little impact to these areas. The intent of the NA District is to provide stormwater protection and reduce flooding possibilities due to abnormal tides in Lake Pontchartrain, Lake Borgne and the various tidal waterways in and adjacent to Orleans Parish.
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Article 7 Open Space Districts
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F. Purpose of the ESD Environmentally Sensitive Development District The purpose of the ESD Environmentally Sensitive Development District is to provide flexibility in the site design and development of land in order to promote its most environmentally sensitive use and to preserve the natural and scenic qualities of wetlands and other natural land features. The ESD District is intended to provide protection for environmentally sensitive areas and encourage development that avoids or minimizes negative impacts and allows for innovative development techniques and flexibility in the site planning process. 7.2 USES Only those uses of land listed under Table 7-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Open Space Districts. A P indicates that a use is permitted within that zoning district. A C indicates that a use is a conditional use in that zoning district and must obtain a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not allowed within that zoning district.
TABLE 7-1: PERMITTED AND CONDITIONAL USES USES1 RESIDENTIAL USE Dwelling, Caretaker OPEN SPACE USE Urban Agriculture Beach Campground Cemetery Community Garden Country Club Driving Range Fairgrounds Fishing Camp Forest/Nature Preserve Golf Course Horse Stables (Commercial) Parks and Playgrounds Pier (Public) Public Fishing Marina, Recreational COMMERCIAL USE Gaming Boat Indoor Amusement Facility Live Performance Venue Outdoor Amphitheater Outdoor Amusement Facility Reception Facility Recreational Vehicle Park Restaurant, Standard INDUSTRIAL USE Solar Farm Wind Farm INSTITUTIONAL USE Cultural Facility OS-N OS-G DISTRICT OS-R CZ P P P P P P P P C P P P P C P C C C C C C C C C C C P C C C C C C C P P C P Section 20.3.CC P3 C P C C P C P C Section 20.3.Y Section 20.3.D Section 20.3.FF Section 20.3.D Section 20.3.OO Section 20.3.PP Section 20.3.RR Section 20.3.UU Section 20.3.ZZ Section 20.3.L C NA C ESD C Section 20.3.XX P Section 20.3.J Section 20.3.M USE STANDARDS
P P P
Section 20.3.U
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TABLE 7-1: PERMITTED AND CONDITIONAL USES USES1 Government Offices Public Works and Safety Facility OTHER Planned Development Pumping Station Utilities Wireless Communications Antenna Wireless Communications Facility Wireless Communications Tower OS-N OS-G DISTRICT OS-R CZ P P C C NA P C ESD P C C P C 2 C, P C C USE STANDARDS Section 20.3.L Article 5 & Section 7.5 Section 20.3.NN Section 20.3.YY Section 20.3.AAA Section 20.3.AAA Section 20.3.AAA
P C, P C C
2
P C, P C C
2
P C 2 C, P C C
C 2 C, P C C
C 2 C, P C C
TABLE 7-1 FOOTNOTES 1 The terms in this column (Use) are defined in Article 26. 2 Only wireless telecommunications antennas that comply with the stealth design standards of Section 20.3.AAA are considered permitted uses. 3 Parks and playgrounds in the NA and CZ Districts are limited to passive recreation facilities. The only structures permitted are standard playground equipment and outdoor seating furniture.
7.3
SITE DESIGN STANDARDS Table 7-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Open Space Districts.
TABLE 7-2: BULK & YARD REGULATIONS DISTRICT OS-G OS-R CZ None 1 acre 50; however all buildings over 35 must be set back from lot lines equal to building height 1 acre
BULK & YARD REGULATIONS BULK REGULATIONS MINIMUM DISTRICT SIZE
OS-N None
NA 1 acre
ESD 1 acre
MAXIMUM BUILDING HEIGHT
35
35
35
35
35
ADDITIONAL REGULATIONS MINIMUM YARD REQUIREMENTS FRONT YARD 15 INTERIOR SIDE 20 YARD CORNER SIDE 15 YARD REAR YARD 20
See Section 7.4 10 10 10 10 20 20 20 20 20 20 20 25 20 20 20 25
See Section 7.5 20 20 20 20
7.4
OS-G DISTRICT DESIGN STANDARDS [NOTE: We understand that the Lafitte Greenway study is underway to create design standards for the greenway. The following design standards are basic principals for building orientation for uses adjacent to this district. They are intended to serve as a placeholder until the study is complete and more detailed standards can be added for linear greenways. Once the standards are complete, we will determine how best to crossreference the design standards to other zoning districts.]
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Because of its linear nature and connection to adjacent uses as the greenway traverses neighborhoods, developments adjacent to greenways must meet the following design standards in order to maximize activity and interaction with the greenway and create a pedestrian-friendly environment. The following design standards apply to non-residential uses located on lots adjacent to the greenway. A. The first floor of commercial buildings must be designed with a minimum ceiling height of fourteen (14) feet. B. Windows must be set back into or projected out from the faade to provide depth and shadow. The ground floor of a commercial faade must maintain a transparency of fifty percent (50%) and windows must be clear and non-tinted. C. A pedestrian entrance for each development must be oriented to the greenway, unless the structure is located on a corner lot and the entrance is oriented to the corner. D. In order to create a pedestrian-friendly environment, restaurants and bars located adjacent to the greenway are encouraged provide outdoor dining areas with views of the greenway where outdoor dining is permitted. E. In order to support the bicycle and pedestrian nature of the greenway, non-residential uses adjacent to the greenway are encouraged provide bicycle parking that is clearly visible and accessible to users of the greenway. 7.5 PLANNED DEVELOPMENTS IN THE ESD DISTRICT A property owner in the ESD District may submit an application for a planned development in accordance with the standards and procedures of Article 5 (Planned Development), which may include exceptions to the district regulations including, but not limited to, use, density, area, bulk, yards, off-street parking and loading, and signs. In addition to the standards of Article 5, any planned development in the ESD District must comply with the following additional development standards to protect and preserve any environmentally sensitive areas within the district. A. Purpose The purpose of a planned development in the ESD District is to accomplish the following: 1. To design a site that obtains a higher quality of environmental preservation and conservation than would be achieved through district standards. 2. To preserve open space and natural resources. 3. To encourage a more efficient form of development that consumes less land and reduces the amount of impervious surface. 4. To minimize the total amount of disturbance on a development site and preserve the sites natural features. B. Determination of Environmentally Sensitive Areas Environmentally sensitive areas to be preserved within the district are determined by the following criteria. 1. The environmentally sensitive areas are of adequate size and cohesiveness to be biologically sustainable.
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2. The environmentally sensitive areas contribute significantly to biological or hydrogeological functions such as wildlife habitat, air purification, and flood and erosion control. 3. The environmentally sensitive areas contain: a. Native biodiversity. b. A rare species and is critical in preserving the rare species. c. Sensitive geological and hydrological features. d. A wetland that is critical in maintaining water quality, rare species habitat or flood control. e. Live oak groves. C. Development Standards The design of the planned development must comply with the following standards: 1. The site design maximizes the protection of the environmentally sensitive areas. 2. Viable riparian and wildlife corridors, as well as connections between environmentally sensitive areas, are maintained. 3. Protected environmentally sensitive areas are large enough to maximize sustainability and minimize fragmentation, and are adequately buffered from development. 4. Adverse construction impacts on the environmentally sensitive areas are mitigated during development. 5. The development preserves scenic natural views, including views from roadways. 6. All structures must be located a minimum of seventy-five (75) feet from a wetland or waterway. 7. Forty percent (40%) of the entire development site must be active or passive open space, as defined below. a. The following areas or structures count toward the overall open space percentage required: i. Natural water features, wetlands and conservation areas.
ii. Hiking trails, a trail system connecting open space areas and fitness courses. iii. Recreational facilities such as swimming pools, tennis courts or skateparks, limited to twenty percent (20%) of the required open space. iv. Parks and playgrounds. v. Greenhouses and community gardens, limited to ten percent (10%) of the required open space area.
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b. The following areas do not count toward the overall open space percentage required: i. Yards on individual lots or yards that are reserved for the use of an individual property owner.
ii. Dedicated streets, alleys or other public rights-of-way. iii. Vehicular drives, private streets, parking and loading areas, and storage areas. 8. Where possible, protected environmentally sensitive areas should be located within designated public or private open space, either through dedication or a conservation servitude. 9. If the planned development includes a residential component, the residential dwellings must be grouped into clusters according to the following standards. a. Residential clusters are located at least one-hundred (100) feet apart, separated by greenbelts or other natural features. Bike paths or hiking trails are permitted within these separation areas. b. Residential clusters must be located to minimize negative impacts on the natural resources of the site. c. Open space must connect with existing or future open space and recreational trails on adjoining lots. d. Residential clusters should be sited to minimize disturbance to woodlands, wetlands and mature trees. 11. The first one (1) inch of rainwater on each development site must be treated on-site via stormwater management best practices. This does not apply to residential development sites for dwelling units that contain six (6) dwelling units or less. 12. Clear-cutting of forests is prohibited. D. Additional Plan Submittals In addition to the application requirements for a planned development, the following additional submittals are required: 1. A site plan delineating all of the environmentally sensitive areas located on the property, and the buffers proposed for these areas. 2. A summary table that describes the total site area, the area of each environmentally sensitive area delineated on the site plan, and the percentage of the total site which is included in each area. 3. A Natural Resource Management Plan to describe how the development will protect the composition, structure and function of the natural communities and wildlife habitat within the environmentally sensitive area are protected, outlining specific management and protection measures. 4. A landscape plan that indicates how environmentally sensitive areas are protected.
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7.6
GENERAL STANDARDS OF APPLICABILITY All Open Space Districts are subject to the following standards: A. Accessory Structures and Uses See Section 21.6 (Accessory Structures and Uses) for standards covering accessory structures and uses. B. Temporary Uses See Section 21.8 (Temporary Uses) for standards governing temporary uses. C. Site Development Standards See Article 21 (On-Site Development Standards) for additional site development standards such as exterior lighting, environmental performance standards and permitted encroachments. D. Off-Street Parking and Loading See Article 22 (Off-Street Parking and Loading) for standards governing off-street parking and loading. E. Landscaping, Stormwater Management and Screening See Article 23 (Landscaping, Stormwater Management and Screening) for standards governing landscaping, stormwater management and screening, including restrictions on tree removal in Section 23.10 (Tree Preservation). F. Signs See Article 24 (Signs) for standards governing signs. G. Overlay Districts See Article 18 (Overlay Districts) for additional overlay district regulations, when applicable. H. Nonconformities See Article 25 (Nonconformities) for regulations governing nonconformities.
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ARTICLE 8. RURAL DEVELOPMENT DISTRICTS

PURPOSE OF THE RURAL DEVELOPMENT DISTRICTS The Rural Development Districts address areas of semirural development in the City where both residential uses and non-residential uses related to the natural resources of the area, like agriculture and fishing camps, are found. The character of these areas varies from large estate-type developments to mixed-use developments along the waterfront. Rural Development Districts maintain a relatively low density and are found in areas like lower coast Algiers and the Lake Catherine areas. The Rural Development District regulations create and maintain bucolic environments organized and designed to provide a sense of an open countryside or waterfront living. CHARACTER OF THE RURAL DEVELOPMENT DISTRICTS The character of the Rural Development Districts is defined by: Large lot residential development that relates to the natural environment Sustainable development that is sensitive to the natural environment Non-residential uses related to the natural resources of the area, such as horse stables or fishing camps Unique residential development types in waterfront areas, which are typically raised structures
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ARTICLE 8. RURAL DEVELOPMENT DISTRICTS

8.1 8.2 8.3 8.4 8.5 8.1 PURPOSE STATEMENTS USES SITE DESIGN STANDARDS M-MU DISTRICT TREE PROTECTION BUFFER YARD GENERAL STANDARDS OF APPLICABILITY PURPOSE STATEMENTS A. Purpose of the R-RE Rural Residential Estate District The purpose of the R-RE Rural Residential Estate District is to provide for large-lot, estatetype residential areas that create a low density environment that relates to the natural environment. In order to preserve natural resources, clustering of residential development through the planned unit development process may be allowed to maintain the semi-rural character. Certain non-residential uses, such as places of worship and recreational uses, are also allowed that are compatible with rural residential surroundings. B. Purpose of the M-MU Maritime Mixed-Use District The purpose of the M-MU Maritime Mixed-Use District is to address environmentallycompatible residential and non-residential development in areas adjacent to wetlands and waterbodies, generally located in areas of the City with higher elevation and near existing access roads. The M-MU District is mixed-use in nature, where residential uses are found close to water-related non-residential uses, such as fishing camps, seafood processing facilities and marinas. 8.2 USES Only those uses of land listed under Table 8-1: Permitted and Conditional as permitted uses or conditional uses are allowed within the Rural Development Districts. A P indicates that a use is permitted within that zoning district. A C indicates that a use is a conditional use in that zoning district and must obtain a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.
TABLE 8-1: PERMITTED AND CONDITIONAL USES USE1 R-RE M-MU RESIDENTIAL USE Artist Community Bed and Breakfast Family Home Bed and Breakfast Historic Home Day Care Home, Adult or Child - Small Boathouse Dwelling, Single-Family INSTITUTIONAL USE Community Center Convent and Monastery Cultural Facility Government Offices Places of Worship Public Works and Safety Facility City of New Orleans Comprehensive Zoning Ordinance P C C C P C P C P P C 8-1 DRAFT CZO 2011 P
USE STANDARDS Section 20.3.E Section 20.3.G Section 20.3.G Section 20.3.P
P P C P C P P C Section 20.3.L Section 20.3.L
Section 20.3.L Article 8 Rural Development Districts
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TABLE 8-1: PERMITTED AND CONDITIONAL USES USE1 R-RE M-MU COMMERCIAL USE Day Care Center, Adult or Child - Small Greenhouse/Nursery Personal Service Establishment Restaurant, Specialty Restaurant, Standard Retail Goods Establishment Retail Sales of Alcoholic Beverages Social Club or Lodge OPEN SPACE USE Agriculture Community Garden Fishing Camp Horse Stables (Commercial) Marina, Commercial Marina, Recreational Parks and Playgrounds Piers (Public or Private) INDUSTRIAL USE Food Processing Seaplane Base Solar Farm Wind Farm OTHER Planned Development Pumping Station Utilities Wireless Communications Antenna Wireless Communications Facility Wireless Communications Tower C P
USE STANDARDS Section 20.3.O
C P P P P
P P P P P C C
Section 20.3.RR Section 20.3.RR
Section 20.3.TT
Section 20.3.M P Section 20.3.CC C C P P C C C C C C C 2 C, P C C
P P C C C C C C C 2 C, P C C
Section 20.3.LL
Section 20.3.C Section 20.3.UU Section 20.3.ZZ Article 5 Section 20.3.NN Section 20.3.YY Section 20.3.AAA Section 20.3.AAA Section 20.3.AAA
TABLE 8-1 FOOTNOTES 1 The terms in this column (Use) are defined in Article 26. 2 Only wireless telecommunications antennas that comply with the stealth design standards of Section 20.3.AAA are considered permitted uses.
8.3
SITE DESIGN STANDARDS Table 8-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Rural Development Districts. (Highlighted letters in Table 8-2 indicate where those bulk and yard regulations are illustrated on the accompanying site diagram.)
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Article 8 Rural Development Districts
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TABLE 8-2: BULK AND YARD REGULATIONS DISTRICT BULK & YARD REGULATIONS R-RE M-MU BULK REGULATIONS Residential: 2 acres 40 or more of lot depth: 2,500sf MINIMUM LOT AREA Non-Residential: 20,000sf Less than 40 of lot depth: 1,000sf A B MINIMUM LOT WIDTH MAXIMUM BUILDING HEIGHT MAXIMUM LOT COVERAGE 100 35 Residential: 40% Non-Residential: 50% 30% 30% 20 10% of lot width or 10, whichever is less 20 40 20 35 above base flood elevation 30% None None None None, but where provided a minimum of 3 None None See Section 8.4
MAXIMUM IMPERVIOUS SURFACE IN FRONT YARD MAXIMUM IMPERVIOUS SURFACE IN CORNER SIDE YARD MINIMUM YARD REQUIREMENTS C FRONT YARD D E F INTERIOR SIDE YARD CORNER SIDE YARD REAR YARD TREE PROTECTION BUFFER YARD
8.4
M-MU DISTRICT TREE PROTECTION BUFFER YARD
[NOTE: Tree protection by a buffer zone area was recommended by stakeholders. These are preliminary regulations. Until the M-MU District is mapped, these are draft provisions and subject to verification and revision, including the buffer zone width.] The following tree protection buffer yard requirements apply in the M-MU District in order to maintain existing woodland areas to provide protection from hurricanes and storm surges. M-MU District lots that front on the Chef Menteur Highway are required to maintain a tree protection buffer yard of fifty (50) feet along the Chef Menteur Highway frontage. 1. The cutting of mature, healthy trees over six (6) inches dbh is prohibited within the fifty (50) foot buffer yard as measured from the lot line that fronts along the Chef Menteur Highway toward the interior of the lot. Clear cutting is prohibited in the tree protection buffer yard and maintenance of existing tree stands is required. 2. Vegetative restoration is required of any disturbed areas. Non-native over-story vegetation may be removed. Landscape materials must be species native to New Orleans. Replanting of saline tolerant trees is required. 3. No structures are permitted within the tree protection buffer yard, however driveways may be located within the buffer yard. Driveways must be constructed of pervious or semi-pervious materials. When siting the driveway, disturbance to natural drainage ways must be minimized. 4. New utilities must be located underground. This does not include aboveground structures for wind, solar or water alternative energy systems. New wireless telecommunication towers are prohibited in the tree protection buffer yard. 6. Weak and diseased trees within fifty (50) feet of a principal structure may be removed. A landscape plan is required to verify that the trees must be removed, and are subject to the procedures and standards of Section 23.10 (Tree Preservation).
8-3 DRAFT CZO 2011
Rural Residential Estate District
Illustration of site development standards
Range of potential building forms (not all development outcomes represented)

Photographs may be substituted at the discretion of the Executive Director of the City Planning Commission with the approval of the City Planning Commission.
DRAFT CZO
8.5
GENERAL STANDARDS OF APPLICABILITY All Rural Development Districts are subject to the following standards: A. Accessory Structures and Uses See Section 21.6 (Accessory Structures and Uses) for standards covering accessory structures and uses. B. Temporary Uses See Section 21.8 (Temporary Uses) for standards governing temporary uses. C. Site Development Standards See Article 21 (On-Site Development Standards) for additional site development standards such as exterior lighting, environmental performance standards and permitted encroachments. D. Off-Street Parking and Loading See Article 22 (Off-Street Parking and Loading) for standards governing off-street parking and loading. E. Landscaping, Stormwater Management and Screening See Article 23 (Landscaping, Stormwater Management and Screening) for standards governing landscaping, stormwater management and screening, including restrictions on tree removal in Section 23.10 (Tree Preservation). F. Signs See Article 24 (Signs) for standards governing signs. G. Overlay Districts See Article 18 (Overlay Districts) for additional overlay district regulations, when applicable. H. Nonconformities See Article 25 (Nonconformities) for regulations governing nonconformities.
8-5 DRAFT CZO 2011
DRAFT CZO
ARTICLE 9. HISTORIC CORE NEIGHBORHOODS RESIDENTIAL DISTRICTS

PURPOSE OF THE HISTORIC CORE NEIGHBORHOODS The Historic Core Neighborhoods are comprised of the neighborhoods that were developed during the Citys colonial period and adjacent areas that followed those development patterns. The established historic districts of the Vieux Carr, Faubourg Marigny and Trem are found within the Historic Core Neighborhoods. The Historic Core Neighborhoods contain a mix of uses and residential densities characterized by dense development patterns and pedestrian-scaled living environments. The regulations of the residential districts of the Historic Core Neighborhoods preserve and reflect the historic development pattern. Each of the residential districts within the Historic Core Neighborhoods contains a mix of dwelling types, creating a dense residential environment. CHARACTER OF THE HISTORIC CORE NEIGHBORHOODS The character of the residential districts of the Historic Core Neighborhoods is defined by: Numerous historic structures that date to the end th th of the 18 century and early part of the 19 century, which are protected by historic district regulations and the Vieux Carr Commission and Historic District Landmarks Commission A variety of residential dwelling types integrated throughout the neighborhood as well as within a square Single-family and two-family homes of one to two stories, with multi-family dwellings rising three to four stories or more Historic patterns of mixed residential and neighborhood commercial uses Dense historic development patterns with minimal to no setbacks between structures and between structures and the street An absence of off-street parking
DRAFT CZO
ARTICLE 9. HISTORIC CORE NEIGHBORHOODS RESIDENTIAL DISTRICTS

9.1 9.2 9.3 9.4 9.5 9.1 PURPOSE STATEMENTS USES SITE DESIGN STANDARDS PERMITTED RESIDENTIAL CONVERSIONS IN THE VIEUX CARR DISTRICTS GENERAL STANDARDS OF APPLICABILITY PURPOSE STATEMENTS A. Purpose of the VCR-1 Vieux Carr Residential District The VCR-1 Vieux Carr Residential District is intended to preserve and protect existing residential development to maintain the authentic character and tout ensemble of the historic Vieux Carr. Incompatible uses and building modifications are excluded from this residential district and rehabilitation and good maintenance are encouraged. B. Purpose of the VCR-2 Vieux Carr Residential District The VCR-2 Vieux Carr Residential District is intended to preserve and protect existing residential development and to maintain the authentic character and tout ensemble of the historic Vieux Carr while permitting moderately higher density than allowed in the VCR-1 District. Incompatible uses and building modifications are excluded from this residential district and rehabilitation and good maintenance are encouraged. C. Purpose of the HMR-1 Historic Marigny/Trem Residential District The HMR-1 Historic Marigny/Trem Residential District is intended to protect existing residential development and to maintain a desirable character of such development within the historic Marigny/Trem area. Incompatible uses are excluded from this residential district. Rehabilitation and renovation, particularly of historically significant buildings, as well as good maintenance are encouraged. D. Purpose of the HMR-2 Historic Marigny/Trem Residential District The HMR-2 Historic Marigny/Trem Residential District is intended to protect existing residential development and to maintain a desirable character of such development within the historic Marigny/Trem area. Incompatible uses are excluded from this residential district. Rehabilitation and renovation, particularly of historically or architecturally significant buildings and good maintenance are encouraged. Smaller lot areas and higher floor-to-area ratios are permitted in the HMR-2 Historic Marigny/Trem Residential District than those allowed in the HMR-1 Historic Marigny/Trem Residential District. E. Purpose of the HMR-3 Historic Marigny/Trem Residential District The HMR-3 Historic Marigny/Trem Residential District is intended to provide for singlefamily dwellings and two-family dwellings, accommodate small-scale multi-family dwellings of three to four units, protect the existing residential development and maintain the desirable character of such development within the historic Marigny/Trem area. Incompatible uses are excluded from this residential district. Rehabilitation and renovation, particularly of historically significant buildings, as well as good maintenance are encouraged.
Article 9 Historic Core Neighborhoods: Residential Districts
DRAFT CZO
9.2
USES Only those uses of land listed under Table 9-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Historic Core Neighborhood Districts. A P indicates that a use is permitted within that zoning district. A C indicates that a use is a conditional use in that zoning district and must obtain a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.
TABLE 9-1: PERMITTED AND CONDITIONAL USES USE RESIDENTIAL USES Bed and Breakfast Family Home Bed and Breakfast Guest Home Bed and Breakfast Inn Bed and Breakfast Historic Home Day Care Home, Adult or Child Small Day Care Home, Adult or Child - Large Dwelling, Multi-Family Dwelling, Single-Family Dwelling, Two-Family Group Home, Small Group Home, Large Group Home, Congregate Residential Care Facility for Elderly INSTITUTIONAL USES Community Facility Convent and Monastery Cultural Facility Educational Facility, Primary Educational Facility, Secondary Places of Worship COMMERCIAL USES Day Care Center, Adult or Child Small Day Care Center, Adult or Child Large Neighborhood Commercial Establishment OPEN SPACE USES Community Garden Parks and Playgrounds OTHER Pumping Station Utilities Wireless Communications Antenna Wireless Communications Facility Wireless Communications Tower
1
VCR-1
VCR-2
HMR-1 P P P P P C P P P P P C P C P P P P P P C C
HMR-2 P P P P P C P P P P P C P C P P P P P P C C P P P C 2 C,P C C
HMR-3 P P P P P C P P P P P C P P P P P P C P P P C 2 C,P C C
3
USE STANDARDS Section 20.3.G Section 20.3.G Section 20.3.G Section 20.3.G Section 20.3.P Section 20.3.P
P C P P P P P C P C P P P P P
P C P P P P P C P C P P P P P
Section 20.3.BB Section 20.3.BB Section 20.3.BB Section 20.3.QQ Section 20.3.L Section 20.3.L Section 20.3.R Section 20.3.R
Section 20.3.O Section 20.3.O Section 20.3.JJ Section 20.3.M
P P P C 2 C,P C C
P P P C 2 C,P C C
P P P C 2 C,P C C
Section 20.3.NN Section 20.3.YY Section 20.3.AAA Section 20.3.AAA Section 20.3.AAA
TABLE 9-1 FOOTNOTES 1 The terms in this column (Use) are defined in Article 26. 2 Only wireless telecommunications antennas that comply with the stealth design standards of Section 20.3.AAA are considered permitted uses. 3 Multi-family dwellings in the HMR-3 are limited to a maximum of four units.
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9.3
SITE DESIGN STANDARDS A. General Regulations Table 9-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Historic Core Neighborhood Districts. (Highlighted letters in Table 9-2 indicate where those bulk and yard regulations are illustrated on the accompanying site diagram.) B. Open Space Ratio 1. In the Vieux Carr Districts, all yards and courts may be included as open space when computing the open space ratio. However, this open space must be unobstructed from grade level to the sky. Where balconies, roof overhangs, galleries, stairways, storage area or similar projections are located in a yard or court, the area of the projection cannot be counted as open space for the open space ratio calculation. 2. For residential uses in the Historic Core Neighborhood Districts, heating, ventilation and air conditioning (HVAC) equipment is excluded from the open space ratio calculation (i.e., it will be considered qualifying open space) when it meets the following standards: a. The equipment is ground-mounted. b. The equipment is a single-condenser unit. c. The equipment is located and screened according to the requirements of Section 21.6.M (Mechanical Equipment). C. Encroachment into Public Right-of-Way Within the Historic Core Neighborhood Districts, new construction is encouraged to include common architectural features that encroach into the public right-of-way, such as galleries, stoops and balconies, in keeping with the established development pattern. A long-term grant of servitude from the Department of Property Management is required for this type of encroachment.
DRAFT CZO
TABLE 9-2: BULK & YARD REGULATIONS BULK & YARD REGULATIONS BULK REGULATIONS VCR-1 VCR-2 SF: 1,500sf/du SF: 1,500sf/du MINIMUM LOT AREA 2F: 1,200sf/du MF: 900sf/du Non-Residential: None 2F: 1,000sf/du MF 3 Unit: 800sf/du MF 4+ Unit: 600sf/du Non-Residential: None SF: 1,500sf/du 2F: 1,200sf/du MF: 900sf/du Non-Residential: None DISTRICTS HMR-1 HMR-2 SF: 1,500sf/du 2F: 1,000sf/du MF 3 Units: 800sf/du MF 4+ Units: 600sf/du Non-Residential: None SF & 2F: 25 MF: 30 Non-Residential: None SF: None 2F & MF: 90 Non-Residential: None 50 .30 2.0 None None None None HMR-3 SF: 2,000sf/du 2F: 1,250sf/du MF 3-4 Units: 800sf/du (maximum of 4 units) Non-Residential: None SF: 25 2F & MF: 30 Non-Residential: None SF: None 2F & MF: 90 Non-Residential: None 40 Interior Lot: .30 Corner Lot: .20 1.4 None 3 None 20
SF & 2F: 25 A MINIMUM LOT WIDTH None None MF: 30 Non-Residential: None SF: None MINIMUM LOT DEPTH None None 2F & MF: 90 Non-Residential: None 40 .30 1.3 None None None None
MAXIMUM 50 BUILDING HEIGHT MINIMUM OPEN Corner Lots: .20 SPACE RATIO Interior Lots: .30 MAXIMUM FAR None MINIMUM YARD REQUIREMENTS C FRONT YARD None INTERIOR SIDE D None YARD CORNER SIDE E None YARD F REAR YARD None B
50 Corner Lots: .20 Interior Lots: .30 None None None None None
9.4
PERMITTED RESIDENTIAL CONVERSIONS IN THE VIEUX CARR DISTRICTS A. In the Vieux Carr Districts, upon approval of the Vieux Carr Commission and the Board of Zoning Adjustments, an existing structure with a floor area ratio that equals or exceeds three (3), may be converted to a multi-family dwelling provided that: 1. The minimum lot area is four hundred (400) square feet per dwelling unit. 2. The amount of open space provided is at least one-half () of the difference between what exists and what is required.
Historic Core Neighborhoods - Single-Family & Two-Family Dwellings

Historic Core Neighborhoods - Multi-Family Dwellings

DRAFT CZO
B. When a proposed conversion scheme provides verification that the exterior building envelope will not be increased, except for minor expansions necessary to allow compliance with applicable building codes, such as exterior stairwells or similar means of access, the following additional standards must be met: 1. The minimum dwelling unit size is eight-hundred (800) square feet. 2. The minimum lot area per dwelling unit is three-hundred forty (340) square feet. 9.5 GENERAL STANDARDS OF APPLICABILITY All Historic Core Neighborhood Districts are subject to the following standards: A. Accessory Structures and Uses See Section 21.6 (Accessory Structures and Uses) for standards covering accessory structures and uses. B. Temporary Uses See Section 21.8 (Temporary Uses) for standards governing temporary uses. C. Site Development Standards See Article 21 (On-Site Development Standards) for additional site development standards such as exterior lighting, environmental performance standards and permitted encroachments. D. Off-Street Parking and Loading See Article 22 (Off-Street Parking and Loading) for standards governing off-street parking and loading. E. Landscaping, Stormwater Management and Screening See Article 23 (Landscaping, Stormwater Management and Screening) for standards governing landscaping, stormwater management and screening. F. Signs See Article 24 (Signs) for standards governing signs. G. Overlay Districts See Article 18 (Overlay Districts) for additional overlay district regulations, when applicable. H. Nonconformities See Article 25 (Nonconformities) for regulations governing nonconformities.
DRAFT CZO
ARTICLE 10. HISTORIC CORE NEIGHBORHOODS NON-RESIDENTIAL DISTRICTS

PURPOSE OF THE HISTORIC CORE NEIGHBORHOODS The Historic Core Neighborhoods are comprised of the neighborhoods that were developed during the Citys colonial period and adjacent areas that followed those development patterns. The established historic districts of the Vieux Carr, Faubourg Marigny and Trem are found within the Historic Core Neighborhoods. The Historic Core Neighborhoods contain a mix of uses and residential densities characterized by dense development patterns and pedestrian-scaled living environments. The non-residential districts of the Historic Core Neighborhoods contain regulations to preserve and reflect the historic development pattern and the dense mixed-use environment. The districts allow for a variety of uses, including residential, commercial and entertainment, integrated throughout the district as a whole and at times within a single structure, that has been part of these areas since their establishment. CHARACTER OF THE HISTORIC CORE NEIGHBORHOODS The character of the non-residential districts of the Historic Core Neighborhoods is defined by: Numerous historic structures that date to the end th th of the 18 century and early part of the 19 century, which are protected by historic district regulations and the Vieux Carr Commission and Historic District Landmarks Commission A mixed-use, pedestrian-oriented environment, including a variety of residential dwelling types and commercial uses integrated throughout the neighborhood as well as within a square Dense development patterns with minimal to no setbacks between structures and between structures and the street Structures vary in height from single story cottages to four stories, often designed with commercial uses on the ground floor and residences above
DRAFT CZO
ARTICLE 10. HISTORIC CORE NEIGHBORHOODS NON-RESIDENTIAL DISTRICTS

10.1 10.2 10.3 10.4 10.5 10.6 10.1 PURPOSE STATEMENTS USES SITE DESIGN STANDARDS REQUIRED OPEN SPACE IN THE VCP DISTRICT PERMITTED RESIDENTIAL CONVERSIONS IN THE VIEUX CARR DISTRICTS GENERAL STANDARDS OF APPLICABILITY PURPOSE STATEMENTS A. Purpose of the VCC-1 Vieux Carr Commercial District The VCC-1 Vieux Carr Commercial District is intended to provide for restricted retail stores and service establishments that will attract and service tourists and local residents and not adversely affect the character of nearby residences or detract from the tout ensemble of the Vieux Carr. B. Purpose of the VCC-2 Vieux Carr Commercial District The VCC-2 Vieux Carr Commercial District is intended to provide for retail and service establishments that attract and service visitors and residents, permitting more intensive commercial uses than in the VCC-1 District, yet protecting the quality of life of the adjacent residential uses and the tout ensemble of the Vieux Carr. This district includes the major shopping area of the Vieux Carr. C. Purpose of the VCE Vieux Carr Entertainment District The VCE Vieux Carr Entertainment District is intended to provide for entertainment venues and restricted retail stores that attract and serve primarily visitors while remaining respectful of the quality of life of adjacent residential uses and the tout ensemble of the Vieux Carr. D. Purpose of the VCE-1 Vieux Carr Entertainment District The VCE-1 Vieux Carr Entertainment District is intended to provide for entertainment places and restricted retail stores along Decatur and North Peters Streets that attract and serve serve primarily visitors while remaining respectful of the quality of life of adjacent residential uses and the tout ensemble of the Vieux Carr. E. Purpose of the VCS Vieux Carr Service District The VCS Vieux Carr Commercial Service District is intended to accommodate existing commercial and industrial uses as well as others that do not adversely affect the tout ensemble of the Vieux Carr. There are extensive areas within the City of New Orleans that are better suited for industrial development than the historic Vieux Carr. However, there are a number of existing businesses and industries as well as certain commercial and industrial uses that have little or no objectionable influence on surrounding properties.
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Article 10 Historic Core Neighborhoods:
DRAFT CZO
F. Purpose of the VCS-1 Vieux Carr Service District [NOTE: During discussions on the draft CZO, it has been suggested that the VCS-1 District be consolidated with the VCS District, or rezoned to another VC District because of the small area that it covers. During public review of the Ordinance, it should be determined whether the VCS-1 District is needed and how that particular geography should be handled.] The VCS-1 Vieux Carr Commercial Service District is intended to reduce the potential for development of industrial uses in the area, eliminate unsightly industrial and commercial uses permitted under prior zoning regulations, foster improvement and beautification of existing surface parking lots, and promote redevelopment as a mixed-use area in keeping with the historic nature of the Vieux Carr and compatibility with surrounding properties. This district has historically accommodated commercial and industrial uses, including manufacturing, refining and distribution, due to its adjacency to the Mississippi River. The retention and maintenance of historic structures are required, and the renovation of historic structures encouraged. The district is intended to encourage the redevelopment of existing surface level parking into residential and mixed uses in conjunction with structural parking, allowing for uses that are compatible with residential uses G. Purpose of the HMC-1 Historic Marigny/Trem Commercial District The HMC-1 Historic Marigny/Trem Commercial District is intended to provide for restricted retail stores and service establishments that will attract tourists and local residents without adversely affecting either the character of the historic Marigny/Trem area or nearby residences. H. Purpose of the HMC-2 Historic Marigny/Trem Commercial District The HMC-2 Historic Marigny/Trem Commercial District is intended to permit more intensive commercial uses than the HMC-1 District, yet protect the historic character of the Marigny/Trem area. The district includes the peripheral properties in Marigny/Trem that front on major traffic arteries and can provide access for more intense commercial uses. I. Purpose of the HMLI Historic Marigny/Trem Light Industrial District [NOTE: Public input is needed during the public process to further define the vision for this district. The current vision statement may not fully describe the intended development of the area.] The HMLI Historic Marigny/Trem Light Industrial District is intended to provide a mixture of light industrial, commercial and residential uses that would not adversely affect the historic character of the Lower Marigny neighborhood. Compatibility of such uses and structures with one another and with the areas will be encouraged through a site plan review process. J. Purpose of the VCP Vieux Carr Park District The VCP Vieux Carr Park District is intended to provide for parks, public facilities, and associated uses along the Vieux Carr riverfront. Parks and open space are encouraged and are permitted uses. Conditional use review is required for all other uses to ensure compatibility of the character of the Vieux Carr with the maritime use and scale of the waterfront.
10 - 2 DRAFT CZO - 2011
DRAFT CZO
10.2
USES A. Permitted and Conditional Uses Only those uses of land listed under Table 10-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Historic Core Neighborhood Districts. A P indicates that a use is permitted within that zoning district. A C indicates that a use is a conditional use in that zoning district and must obtain a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district. B. Use Restrictions 1. Existing Hotel Uses in the Vieux Carr Districts a. An existing hotel in a Vieux Carr District may be maintained, structurally altered or extended within the boundaries of its existing development provided that there is no increase in the number of sleeping rooms or suites, and said maintenance, alteration or extension is in accord with applicable district regulations including, but not limited to, height and open space requirements and provided further that such extension is limited to the accommodation of accessory uses. Applications for such alterations or extension must be submitted to the City Planning Commission for a public hearing and action. b. Existing hotels in the VCC-2, VCE and VCS Districts containing more than thirty (30) rooms may provide live entertainment subject to applicable ordinances relative to licensing procedures. Live entertainment that charges the general public for admission is subject to the requirements regarding amusement taxes as per the City Code. All entertainment must be within an enclosed area. 2. Adult Use Restrictions in the Vieux Carr Districts Adult uses are prohibited in the area bounded by Ursuline Avenue, Barracks, Decatur, and North Peters Streets 3. HMC-2 Floor Area Limitation Any non-residential use listed as permitted in the HMC-2 Historic Marigny/Trem Commercial District that occupies more than ten thousand (10,000) square feet of floor area is a conditional use.
10 - 3 DRAFT CZO - 2011
DRAFT CZO
VCC-1 Section 20.3.G Section 20.3.G Section 20.3.G Section 20.3.G Section 20.3.P Section 20.3.P
TABLE 10-1: PERMITTED AND CONDITIONAL USES VCC-2 VCE VCE-1 VCS VCS-1 VCP HMC-1 HMC-2 HMLI USE STANDARDS
P C P P P P P P C P P P P P P P C C P P P C C C P P P C P C P P C P P C C P C C C P P P C P C C P P P C P C
P C P P P P P P C P
P C P P P P P P C P
P C P P P P P P C P
P P P P P C P P P P P P C P P C P P P P P P C P Section 20.3.BB Section 20.3.BB Section 20.3.BB Section 20.3.QQ Section 20.3.B P P C P P C P P P C P P C P P P P C P P C P Section 20.3.W P P Section 20.3.AA
P P P P P C P P P P P P C P
Section 20.3.F Section 20.3.O Section 20.3.O Section 20.3.O
P P
P P
P P
P P P
USE RESIDENTIAL USE Bed and Breakfast Family Home Bed and Breakfast Guest Home Bed and Breakfast Inn Bed and Breakfast Historic Home Day Care Home, Adult or Child Small Day Care Home, Adult or Child Large Dwelling, Above the Ground Floor Dwelling, Single-Family Dwelling, Two-Family Dwelling, Multi-Family Group Home, Small Group Home, Large Group Home, Congregate Residential Care Facility for Elderly COMMERCIAL USE Adult Use Animal Hospital Art Gallery Arts Studio Bar Day Care Center, Adult or Child Small Day Care Center, Adult or Child Large Day Care Center, Adult or Child Commercial Financial Institution Flea Market Funeral Home Green Market Health Club Heavy Sales, Rental & Service Hotel/Motel Indoor Amusement Facility Live Entertainment Secondary Use Live Performance Venue P P P P P P C P P C C 4 P, C C C C Section 20.3.D Section 20.3.FF Section 20.3.FF
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Article 10 Historic Core Neighborhoods: Non-Residential Districts
DRAFT CZO
VCC-1 Section 20.3.II
TABLE 10-1: PERMITTED AND CONDITIONAL USES VCC-2 VCE VCE-1 VCS VCS-1 VCP P P HMC-1 HMC-2 P HMLI USE STANDARDS C P P P P P P C
P P P P P C C C P C C P P P P C C C P P C C C C P C C P C P P P P C C C P P P P P
P P P P P C
P P P P P C
P P P P P C
P P P P 5 P C P
P P P P P C P
P P P P P P C P Section 20.3.TT
Section 20.3.RR Section 20.3.RR
Section 20.3.L Section 20.3.L Section 20.3.R Section 20.3.R Section 20.3.R
C P C P P P P P P C
C P C P P P P P P C
C P C P P P P P P C
Section 20.3.L
C P P P
3
C P P 3 P P P P P
P P P P P P P
P P
P P P P P P Section 20.3.M Section 20.3.CC
USE Medical/Dental Clinic Motor Vehicle Service and Repair, Minor Office Personal Service Establishment Restaurant, Specialty Restaurant, Standard Retail Goods Establishment Retail Sales of Alcoholic Beverages Social Club or Lodge Supper Club INSTITUTIONAL USE Community Center Convent and Monastery Cultural Facility Educational Facility, Vocational Educational Facility, Primary Educational Facility, Secondary Government Offices Hospitality Center Places of Worship Public Works and Safety Facility INDUSTRIAL USE Food Processing Manufacturing, Light Mini-Warehouse Printing Establishment Research & Development Wholesale Goods Establishment OPEN SPACE USE Community Garden Horse Stables (Commercial) Parks and Playgrounds P P P P P C P P C P P C P
10 - 5 DRAFT CZO - 2011
DRAFT CZO
USE
VCC-1
TABLE 10-1: PERMITTED AND CONDITIONAL USES VCC-2 VCE VCE-1 VCS VCS-1 VCP HMC-1 HMC-2 HMLI USE STANDARDS
OTHER Parking Lot (Principal Use) Parking Structure (Principal Use) Planned Development Pumping Station Utilities Wireless Communications Antenna Wireless Communications Facility Wireless Communications Tower C P C 2 C,P C C P C 2 C,P C C P C 2 C,P C C P C 2 C,P C C P C 2 C,P C C P C 2 C,P C C P C 2 C,P C C C C P C P C 2 C,P C C C C C P C P C 2 C,P C C C P C P C 2 C,P C C Section 20.3.KK Section 20.3.KK Article 5 Section 20.3.NN Section 20.3.YY Section 20.3.AAA Section 20.3.AAA Section 20.3.AAA
TABLE 10-1 FOOTNOTES 1 The terms in this column (Use) are defined in Article 26. 2 Only wireless telecommunications antennas that comply with the stealth design standards of Section 20.3.AAA are considered permitted uses. 3 In the VCS and VCS-1 Districts, a wholesale goods establishment is limited to 25,000 square feet of floor area. 4 In the HMC-2 District, a live performance venue that does not serve alcohol is a permitted use. A live performance venue that does serve alcohol is a conditional use. 5 In the HMC-1 District, a retail goods establishment is limited to 2,000 square feet of floor area.
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DRAFT CZO
10.3
SITE DESIGN STANDARDS A. General Regulations Table 10-2: Bulk and Yard Regulations establish bulk and yard regulations for the Historic Core Neighborhood Districts. (Highlighted letters in Table 10-2 indicate where those bulk and yard regulations are illustrated on the accompanying site diagram.) B. Building Height in Vieux Carr Districts Buildings of a lesser height than that permitted in Table 10-2 may be required by the Vieux Carr Commission. These height regulations do not apply to public utilities. C. Open Space Ratio 1. In the Vieux Carr Districts, all yards and courts may be included as open space when computing the open space ratio. However, this open space must be unobstructed from grade level to the sky. Where balconies, roof overhangs, galleries, stairways, storage area or similar projections are located in a yard or court, the area of the projection cannot be counted as open space for the open space ratio calculation. 2. For residential uses in the Historic Core Neighborhood Districts, heating, ventilation and air conditioning (HVAC) equipment is excluded from the open space ratio calculation (i.e., it will be considered qualifying open space) when it meets the following standards: a. The equipment is ground-mounted. b. The equipment is a single-condenser unit. c. The equipment is located and screened according to the requirements of Section 21.6.M (Mechanical Equipment). D. Encroachment into Public Right-of-Way Within the Historic Core Neighborhood Districts, new construction is encouraged to include common architectural features that encroach into the public right-of-way, such as galleries, stoops and balconies, in keeping with the established development pattern. A long-term grant of servitude from the Department of Property Management is required for this type of encroachment.
10 - 7 DRAFT CZO - 2011
TABLE 10-2: BULK & YARD REGULATIONS DISTRICTS VCC-2 SF: 1,500sf/du 2F: 1,000sf/du MF 3 Units: 800sf/du None MF 4+ Units: 600sf/du Non-Residential: None 50 50 50 50 50 50 Non-Residential: None Non-Residential: None Non-Residential: None Non-Residential: None MF 4+ Units: 600sf/du MF 4+ Units: 600sf/du MF 4+ Units: 600sf/du MF 4+ Units: 600sf/du MF 3 Units: 800sf/du MF 3 Units: 800sf/du MF 3 Units: 800sf/du MF 3 Units: 800sf/du 2F: 1,200sf/du MF: 900sf/du Non-Residential: None 2F: 1,000sf/du 2F: 1,000sf/du 2F: 1,000sf/du 2F: 1,000sf/du SF: 1,500sf/du SF: 1,500sf/du SF: 1,500sf/du SF: 1,500sf/du SF: 1,500sf/du VCE VCE-1 VCS VCS-1 VCP HMC-1 HMC-2 SF: 1,500sf/du 2F: 1,000sf/du MF 3 Units: 800sf/du MF 4+ Units: 600sf/du Non-Residential: None 40 Residential or Mixed-Use: 30 By Lot Type Corner: .20 Interior: .30 None None None None None None None None None None None None Non-Residential: 20 1.4 None None None None 50 Residential or Mixed-Use: 30 Non-Residential: None 2.2 None None None None 2.0 None None None None 50 5,000sf HMLI
BULK & YARD REGULATION VCC-1 S BULK REGULATIONS SF: 1,500sf/du
2F: 1,000sf/du
MINIMUM LOT AREA
MF 3 Units: 800sf/du
MF 4+ Units: 600sf/du
Non-Residential: None
50
MINIMUM OPEN SPACE RATIO By Lot Type Corner: .20 Interior: .30 None None None None None None None None None None None None None None None None None None By Lot Type Corner: .20 Interior: .30 By Lot Type Corner: .20 Interior: .30 By Lot Type Corner: .20 Interior: .30
By Lot Type Corner: .20 Interior: .30
By Lot Type Corner: .20 Interior: .30
None
MAXIMUM None FAR MINIMUM YARD REQUIREMENTS FRONT B None YARD INTERIOR C SIDE None YARD CORNER D SIDE None YARD REAR E None YARD
10 - 8 DRAFT
Article 10 Original City Neighborhoods: Non-Residential Districts
Historic Core Neighborhoods - Commercial

10.4
REQUIRED OPEN SPACE IN THE VCP DISTRICT A. All land and water areas must be maintained as open space in the area of the VCP District bounded by the floodwall, the Mississippi River, St. Peter Street (extended), and Ursuline Street (extended). Enclosed structures, other than accessory buildings, and off-street parking areas are prohibited. B. Seventy-five percent (75%) of the land area must be maintained as open space in the area of the VCP Park District bounded by the floodwall, Esplanade Avenue (extended), the Mississippi River, and Ursuline Street (extended). The open space area may not be encumbered by enclosed structures or off-street parking areas, except for building service areas, including loading docks and staging areas, etc. Street rights-of-way are not be calculated in the open space requirement. C. Seventy-five percent (75%) of the land area must be maintained as open space in the area of the VCP District bounded by the floodwall, Canal Street, the Mississippi River, and St. Peter Street (extended). The open space area may not be encumbered by enclosed structures or off-street parking areas, except building service areas, including loading docks and staging areas, etc.
10.5
PERMITTED RESIDENTIAL CONVERSIONS IN THE VIEUX CARR DISTRICTS A. In the Vieux Carr Districts, upon approval of the Vieux Carr Commission and the Board of Zoning Adjustments, an existing structure with a floor area ratio that equals or exceeds three (3), may be converted to a multi-family dwelling provided that: 1. The minimum lot area is four hundred (400) square feet per dwelling unit. 2. The amount of open space provided is at least one-half () of the difference between what exists and what is required. B. When a proposed conversion scheme provides verification that the exterior building envelope will not be increased, except for minor expansions necessary to allow compliance with applicable building codes, such as exterior stairwells or similar means of access, the following additional standards must be met: 1. The minimum dwelling unit size is eight-hundred (800) square feet. 2. The minimum lot area per dwelling unit is three-hundred forty (340) square feet.
10.6
GENERAL STANDARDS OF APPLICABILITY All Historic Core Neighborhood Districts are subject to the following standards: A. Accessory Structures and Uses See Section 21.6 (Accessory Structures and Uses) for standards covering accessory structures and uses. B. Temporary Uses See Section 21.8 (Temporary Uses) for standards governing temporary uses.
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C. Site Development Standards See Article 21 (On-Site Development Standards) for additional site development standards such as exterior lighting, environmental performance standards and permitted encroachments. D. Off-Street Parking and Loading See Article 22 (Off-Street Parking and Loading) for standards governing off-street parking and loading. E. Landscaping, Stormwater Management and Screening See Article 23 (Landscaping, Stormwater Management and Screening) for standards governing landscaping, stormwater management and screening. F. Signs See Article 24 (Signs) for standards governing signs. G. Overlay Districts See Article 18 (Overlay Districts) for additional overlay district regulations, when applicable. H. Nonconformities See Article 25 (Nonconformities) for regulations governing nonconformities.
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ARTICLE 11. HISTORIC URBAN NEIGHBORHOODS RESIDENTIAL DISTRICTS

PURPOSE OF THE HISTORIC URBAN NEIGHBORHOODS Historic Urban Neighborhoods are those areas of the city th that were developed predominantly in the mid to late 19 century. The development pattern of Historic Urban Neighborhoods is characterized by a higher density and pedestrian scale environment with limited accommodation for the automobile. Within Historic Urban Neighborhoods, many of the residential neighborhoods contain traditional corner stores that serve the immediate residents and are in close proximity to commercial clusters of local businesses. The residential districts of the Historic Urban Neighborhoods contain regulations that create and maintain the established scale and character of these areas, with a higher residential density, acknowledges many of these areas were developed without accommodation for the auto, and respect the variety of setbacks seen in residential neighborhoods. CHARACTER OF THE HISTORIC URBAN NEIGHBORHOODS The character of the residential districts of the Historic Urban Neighborhoods is defined by: Dense development patterns with minimal setbacks between structures and between structures and the street, with some structures built at the property line Neighborhoods typically made up of a particular dwelling type, such as single and double shotguns, American townhouses or the larger single-family homes Single-family and two-family homes of one to two stories, with multi-family and townhouse dwellings rising three to four stories
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ARTICLE 11. HISTORIC URBAN NEIGHBORHOODS RESIDENTIAL DISTRICTS

11.1 11.2 11.3 11.4 11.1 PURPOSE STATEMENTS USES SITE DESIGN STANDARDS GENERAL STANDARDS OF APPLICABILITY PURPOSE STATEMENTS A. Purpose of the HU-RS1 Single-Family Residential District The HU-RS1 Single-Family Residential District is intended to provide for the traditional, preWorld War II single-family residential development. These areas are urban single-family neighborhoods of higher density and smaller setbacks than seen in the post-World War II areas of the City. Limited non-residential uses such as places of worship, historic neighborhood commercial establishments and recreational facilities that are compatible with surrounding residential neighborhoods may be allowed. B. Purpose of the HU-RD1 Two-Family Residential District The HU-RD1 Two-Family Residential District is intended to provide for the creation and maintenance of urban neighborhoods consisting of compact residential areas having a mix of housing types. The district accommodates two-family developments on smaller lots in older, more densely populated sections of the city. Limited non-residential uses such as places of worship, historic neighborhood commercial establishments and recreational facilities that are compatible with surrounding residential neighborhoods may be allowed. C. Purpose of the HU-RD2 Two-Family and Townhouse Residential District The HU-RD2 Two-Family Residential District is intended to provide for two-family and townhouse development on smaller lots in older, densely populated urban sections of the City mixed with detached single-family dwellings. Limited non-residential uses such as places of worship, historic neighborhood commercial establishments and recreational facilities that are compatible with surrounding residential neighborhoods may be allowed. D. Purpose of the HU-RM1 Multi-Family Residential District The HU-RM1 Multi-Family Residential District is intended to provide for low to medium residential densities appropriate for a variety of housing types such as single-family, twofamily, townhouse and lower density multi-family dwellings. The district is intended to maintain a primarily residential environment with a variety of lower density dwelling types, therefore the building height is limited to three stories. Limited non-residential uses such as places of worship, historic neighborhood commercial establishments and recreational facilities that are compatible with surrounding residential neighborhoods may be allowed.
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Article 11 Historic Urban Neighborhoods: Residential Districts
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E. Purpose of the HU-RM2 Multi-Family Residential District The HU-RM2 Multi-Family Residential District is intended to provide for moderate density low-rise multi-family development of up to four stories as well as townhouse developments. This district may serve as a transition zone between single- and two-family neighborhoods and adjacent higher intensity land uses. Limited non-residential uses such as places of worship, historic neighborhood commercial establishments and recreational facilities that are compatible with surrounding residential neighborhoods may be allowed. 11.2 USES Only those uses of land listed under Table 11-1: Residential Districts Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Historic Urban Neighborhood Districts. A P indicates that a use is permitted within that zoning district. A C indicates that a use is a conditional use in that zoning district and must obtain a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.
TABLE 11-1: PERMITTED AND CONDITIONAL USES USE

1
DISTRICTS HURS1 HURD1 HURD2 HURM1 HURM2 P C C C C P C P P P P C P P C P C P C C C P C P C P C C P USE STANDARDS
RESIDENTIAL USE Artist Community Bed and Breakfast Family Home Bed and Breakfast Guest Home Bed and Breakfast Inn Bed and Breakfast Historic Home Day Care Home, Adult or Child Small Day Care Home, Adult or Child Large Dwelling, Single-Family Dwelling, Two-Family Dwelling, Townhouse Dwelling, Multi-Family Fraternity/Sorority Group Home, Small Group Home, Large Group Home, Congregate Residential Care Facility for Elderly INSTITUTIONAL USE Community Center Convent and Monastery Cultural Facility Educational Facility, Primary Educational Facility, Secondary Government Offices Hospital Places of Worship Public Works and Safety Facilities COMMERCIAL USE Day Care Center, Adult or Child Small Day Care Center, Adult or Child Large Neighborhood Commercial Establishment Private Residential Recreation Facility (Indoor or Outdoor) City of New Orleans Comprehensive Zoning Ordinance
C C C P P P
C C C P P P P
C C P
C C C C P C P P P P P P C P C P C C C P P C P C C P
Section 20.3.E Section 20.3.G Section 20.3.G Section 20.3.G Section 20.3.G Section 20.3.P Section 20.3.P
Section 20.3.X Section 20.3.BB Section 20.3.BB Section 20.3.BB Section 20.3.QQ Section 20.3.L Section 20.3.L Section 20.3.R Section 20.3.R
C P C C C P P C
C P C C C P P C
C P C C C P P C
Section 20.3.L Section 20.3.O Section 20.3.O Section 20.LL Section 20.3.MM Article 11 Historic Urban Neighborhoods: Residential Districts
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1
DISTRICTS HURS1 HURD1 C P P P C P C 2 C,P C C HURD2 C P P P C P C 2 C,P C C HURM1 C P P P C P C 2 C,P C C HURM2 C P P P C P C 2 C,P C C USE STANDARDS Section 20.3.TT Section 20.3.M Section 20.3.XX Article 5 Section 20.3.NN Section 20.3.YY Section 20.3.AAA Section 20.3.AAA Section 20.3.AAA
Social Club or Lodge OPEN SPACE USE Community Garden Parks and Playgrounds Urban Agriculture OTHER Planned Development Pumping Station Utilities Wireless Communications Antenna Wireless Communications Facility Wireless Communications Tower
P P P
P C 2 C,P C C
11.3
SITE DESIGN STANDARDS A. Bulk and Yard Regulations 1. General Regulations Table 11-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Historic Urban Neighborhoods Districts. (Highlighted letters in Table 11-2 indicate where those bulk and yard regulations are illustrated on the accompanying site diagram.) 2. Front Yard Build-To Line Requirement a. Within the residential districts of the Historic Urban Neighborhood Districts, the front yard build-to line is established by any one (1) of the following methods. A build-to line is an established setback line at which a structure is required to build. However, in no case may the front yard of a single-family or two-family dwelling exceed fifteen (15) feet in the Historic Urban Neighborhood Districts. i. As of the effective date of this Ordinance, the current front yard of the existing structure may be set as the required front yard build-to line. When a structure is demolished, the demolition permit must indicate the dimension of the front yard prior to demolition. The required front yard build-to line is that indicated on the demolition permit.
ii. The required front yard build-to line indicated on the most recent survey or Sanborn maps. iii. The average of the front yard of the adjacent lots on either side may be used to establish the required front yard build-to line. Averaging is based on the two (2) adjacent lots or, in the case of a corner lot, two (2) neighboring lots on the same blockface. In the case of a lot configuration where only one (1) lot is available for averaging, the front yard build-to line is that of the adjacent lot. (See Figure 11-1: Front Yard Averaging)
City of New Orleans Comprehensive Zoning Ordinance 11 - 3 DRAFT CZO - 2011 Article 11 Historic Urban Neighborhoods: Residential Districts
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b. The applicant is permitted a three (3) foot variation from a front yard build-to line established by any of the above methods. c. The required front yard build-to line is measured as the narrowest dimension from the front lot line to the principal structure. The measurement is taken from the building walls of the principal structure and does not include permitted encroachments or architectural features, such as porches, bay windows, steps and stoops. FIGURE 11-1: FRONT YARD AVERAGING
EXAMPLES Lot 1: Middle lot average of adjacent lots on both sides Lot 2: Middle lot average of adjacent lots on both sides Lot 3: Corner lot average of two most adjacent lots on same block Lot 4: Lot with only one adjacent lot same build-to line as adjacent lot
3. Corner Side Yard for Single-Family and Two-Family Dwellings a. For single-family and two-family dwellings within the residential districts of the Historic Urban Neighborhood Districts, the corner side yard is established by any one (1) of the following methods. However, in no case may the corner side yard of a single-family or two-family dwelling exceed fifteen (15) feet. i. As of the effective date of this Ordinance, the current corner side yard of the existing structure may be set as the required corner side yard. When a structure is demolished, the demolition permit must indicate the dimension of the corner side yard prior to demolition. The required corner side yard is that which is indicated on the demolition permit.
ii. The required corner side yard may be that indicated on the most recent survey or Sanborn maps. iii. A minimum of ten percent (10%) of lot width. b. The required corner side yard build-to line is measured as the narrowest dimension from the corner side lot line to the principal structure. The measurement is taken from the building walls of the principal structure and does not include permitted encroachments or architectural features, such as porches, bay windows, steps and stoops.
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4. Required On-Site Open Space All townhouse and multi-family dwellings must provide at least one-hundred twenty (120) square feet of useable on-site open space per dwelling unit. This open space may be either private open space for the dwelling unit or common open space restricted to the use of residents of the townhouse or multi-family dwelling. Such open space must meet the following requirements: a. Required open space must have a minimum dimension of at least seven (7) feet on any side. b. Required open space must be located on the same lot as the dwelling unit it serves. c. Required open space must be outdoors and designed for outdoor living, recreation or landscaping, including areas located on the ground and areas on decks, balconies, galleries, porches or roofs. For multi-family dwellings, when open space is above grade, such as a balcony or gallery, it may not be located over off-street surface parking areas. d. The required open space area is not required to be contiguous, but each open space area, whether common or private, must comply with minimum dimensional standards. Common open space areas must be accessible to all residents of the subject development. e. When located at ground level, the required open space area must be substantially covered with grass, live groundcover, shrubs, plants, trees or usable outdoor hardscape features or amenities, such as seating areas, patios or pools. f. Off-street parking and loading areas, driveways or required landscaping for parking lots and screening do not satisfy open space requirements. Bollards, curbs, wheel stops or other similar features must be provided to ensure that required open space areas are not used for off-street parking or any other vehicular use.
g. Mechanical equipment, dumpsters or service areas are prohibited in required open space areas. h. All required open space areas must be located and designed to take advantage of sunlight and other climatic advantages of the site.
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TABLE 11-2: RESIDENTIAL DISTRICTS BULK & YARD REGULATIONS BULK & YARD REGULATIONS BULK REGULATIONS HU-RS1 HU-RD1 DISTRICTS HU-RD2 HU-RM1 SF: 3,000sf/du Residential: 4,000sf/du Non-Residential: 10,000sf SF: 1,500sf/du 2F: 1,200sf/du Non-Residential: 10,000sf SF & 2F: 1,500sf/du Townhouse: 2,000sf/du Non-Residential: 10,000sf/du 2F: 1,700sf/du MF: 1,000sf/du Townhouse: 2,000sf/du Non-Residential: 10,000sf SF & 2F: 25 MF: 40 Townhouse: 18 per du Non-Residential: 60 90 SF & 2F: 35 MAXIMUM BUILDING HEIGHT Townhouse: 40 & no more than 3 stories MF & NonResidential: 40 & no more than 3 stories SF & 2F: 40% 40% 40% Townhouse & MF: 70% 40% HU-RM2 SF: 3,000sf/du 2F: 1,700sf/du MF: 800sf/du Townhouse: 1,800sf/du Non-Residential: 10,000sf SF & 2F: 25 MF: 50 Townhouse: 18 per du Non-Residential: 60 90 SF & 2F: 35 Townhouse: 40 & no more than 3 stories MF: 48 & no more than 4 stories Non-Residential: 45 SF & 2F: 40% Townhouse & MF: 70% 40%
MINIMUM LOT AREA
SF & 2F: 25 A MINIMUM LOT WIDTH Residential: 30 Non-Residential: 60 SF & 2F: 25 Non-Residential: 60 Townhouse: 18 per du Non-Residential: 60 MINIMUM LOT DEPTH 90 90 90
35
35
35
MAXIMUM LOT COVERAGE MAXIMUM IMPERVIOUS SURFACE IN FRONT YARD MAXIMUM IMPERVIOUS SURFACE IN CORNER SIDE YARD MAXIMUM NUMBER OF ATTACHED TOWNHOUSE UNITS
40%
40%
40%
40%
40%
40%
40%
40%
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TABLE 11-2: RESIDENTIAL DISTRICTS BULK & YARD REGULATIONS BULK & YARD REGULATIONS HU-RS1 MINIMUM YARD REQUIREMENTS See Section C FRONT YARD 11.3.A.2 HU-RD1 See Section 11.3.A.2 DISTRICTS HU-RD2 See Section 11.3.A.2 SF & 2F: 3 D INTERIOR SIDE YARD 10% of lot width or 3, whichever is greater SF & 2F: 3 Non-Residential: 5 Townhouse: 2-Story: 3 Over 2-Story: 10 Non-Residential: 5 HU-RM1 See Section 11.3.A.2 SF, 2F & MF 3-4 Unit: 3 Townhouse: 2-Story: 3 Over 2-Story: 10 MF 5+ Unit: 10 Non-Residential: 5 SF & 2F: See Section 11.3.A. Residential: See Section 11.3.A. Non-Residential: 10 SF & 2F: See Section 11.3.A.3 Non-Residential: 10 SF & 2F: See Section 11.3.A.3 Townhouse: 2-Story: 3 Over 2-Story: 10 Non-Residential: 10 Townhouse: 2-Story: 3 Over 2-Story: 10 MF 3-4 Unit: 10% of lot width but a minimum of 3 MF 5+ Unit, & Non-Residential: 10 20% of lot depth or 20, whichever is less 20% of lot depth or 15, whichever is less 20% of lot depth or 15, whichever is less SF & 2F: 20% of lot depth or 15, whichever is less Townhouse, MF & Non-Residential: 20 HU-RM2 See Section 11.4.3.2 SF, 2F & MF 3-4 Unit: 3 Townhouse: 2-Story: 3 Over 2-Story: 10 MF 5+ Unit: 10 Non-Residential: 5 SF & 2F: See Section 11.3.A.3 Townhouse: 2-Story: 3 Over 2-Story: 10 MF 3-4 Unit: 10% of lot width but a minimum of 3 MF 5+ Unit, & Non-Residential: 10
CORNER SIDE YARD
REAR YARD
20
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Historic Urban Neighborhoods - Single-Family & Two-Family

Historic Urban Neighborhoods - Multi-Family

Historic Urban Neighborhoods - Multi-Family (3-6 Units)

Historic Urban Neighborhoods - Townhouse

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B. Building Design Standards The following building design standards apply to townhouse and multi-family developments in the residential districts of the Historic Urban Neighborhoods. 1. Faade Articulation and Reduction of Mass and Scale a. All buildings must be oriented towards a public or private street in terms of architectural interest and building access. b. All buildings must provide a clearly articulated entry from the public sidewalk at the front elevation and from rear parking areas. c. Large, flat facades facing the street must be avoided by articulating the building mass to create substantial shadows and visual interest. Form-giving elements including, but not limited to, windows, galleries, balconies, projected entrances, shutters and overhangs are required on the street facing faade. All shutters must be operational. d. Facades must be designed to be viewed from multiple directions and, therefore, be designed with consistent materials and treatment that wraps around all facades. There must be a unifying architectural theme for an entire multi-family or townhouse development, utilizing a common vocabulary of architectural forms, elements, materials and colors around the entire structure. e. To avoid the appearance of blank walls facing the street, when the side walls of a multi-family or townhouse dwelling face a street, building facades must be designed with elements of a front faade, including doors and/or windows. f. Windows and doors must have raised elements to create shadow and articulation. In addition, three-dimensional elements, such as balconies and bay windows, must be incorporated to provide dimensional elements on a faade. Windows must be set back into or projected out from the faade to provide faade depth and shadow and a consistent style.
2. Roof Forms a. Roof planes must create visual interest and reflect articulated faade massing. Roof planes must be similar in slope, materials and detail to create a unified theme and silhouette. b. Unless typical of existing development within the neighborhood, large, monotonous, simple pitched roofs without breaks in the expanse of the roof are prohibited. Properly proportioned dormers and gables should be used to break up large expanses of roof area. For flat roofs, cornices and parapets must be used to add variety and break up the roofline. 3. Parking Areas and Pedestrian Walkways a. Parking is prohibited in the required front and corner side yards. Parking is prohibited in front of the building or within five (5) feet of the front property line when located within a corner side yard.
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b. Driveways should be consolidated, where possible, in order to reduce curb cuts. Adjacent residential buildings should, where possible, share driveway access. 4. Building Materials A list of permitted and prohibited building materials is included as follows. a. Permitted Building Materials Approved materials for exterior use in the construction of new multi-family and townhouse developments are as follows: i. Clay brick
ii. Natural or cast stone (minimum four (4) inch thickness) iii. Cedar or equivalent simulated wood, or fiber-cement, horizontal siding iv. Stucco v. Architectural pre-cast concrete vi. Wood, molded polymer, copper, and fiber cement material for trim, freeze boards, soffits and facia boards; aluminum or vinyl material may be used for soffits and facia boards only vii. Architectural concrete block for a foundation course only viii. Slate or tile roofing material ix. Terra cotta or similar glazed masonry units x. Architectural grade asphalt and fiberglass shingles for roofs only xi. Glass block for accenting purposes (glass block walls are prohibited) xii. Fiber cement siding (i.e., hardie board) xiii. Green building materials; however, these materials must be approved by the Executive Director of the City Planning Commission xiv. Additional building materials not listed as permitted materials may be used subject to the approval of the Executive Director of the City Planning Commission and so long as the materials are not listed as a prohibited material in Paragraph b below.
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b. Prohibited Materials The following materials are prohibited as the predominant surface finish material in the construction of new multi-family and townhouse developments. However, such materials may be used as part of decorative or detail elements, or as part of the exterior construction, such as a foundation course, that is not used as a predominant surface finish material. i. Standard concrete masonry units (CMU)
ii. King-size or jumbo brick iii. Exposed aggregate (rough finish) concrete wall panels iv. Plywood, composite plywood or masonite sidings (T-111) v. Veneers vi. Plastic vii. Glass curtain wall systems viii. Reflective glass ix. Bright wall flashings and copings x. Metal wall panels xi. Exterior insulation finish systems (EIFS) (e.g.Dryvit) xii. Miscellaneous metals xiii. Stuccato board xiv. Wood shake shingles 11.4 GENERAL STANDARDS OF APPLICABILITY All Historic Urban Neighborhood Districts are subject to the following standards: A. Accessory Structures and Uses See Section 21.6 (Accessory Structures and Uses) for standards covering accessory structures and uses. B. Temporary Uses See Section 21.8 (Temporary Uses) for standards governing temporary uses. C. Site Development Standards See Article 21 (On-Site Development Standards) for additional site development standards such as exterior lighting, environmental performance standards and permitted encroachments.
City of New Orleans Comprehensive Zoning Ordinance 11 - 14 DRAFT CZO - 2011 Article 11 Historic Urban Neighborhoods: Residential Districts
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D. Off-Street Parking and Loading See Article 22 (Off-Street Parking and Loading) for standards governing off-street parking and loading. E. Landscaping, Stormwater Management and Screening See Article 23 (Landscaping, Stormwater Management and Screening) for standards governing landscaping, stormwater management and screening. F. Signs See Article 24 (Signs) for standards governing signs. G. Overlay Districts See Article 18 (Overlay Districts) for additional overlay district regulations, when applicable. H. Nonconformities See Article 25 (Nonconformities) for regulations governing nonconformities.
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ARTICLE 12. HISTORIC URBAN NEIGHBORHOODS NON-RESIDENTIAL DISTRICTS

PURPOSE OF THE HISTORIC URBAN NEIGHBORHOODS Historic Urban Neighborhoods are those areas of the city th that were developed predominantly in the mid to late 19 century. The development pattern of Historic Urban Neighborhoods is characterized by a higher density and pedestrian scale environment with limited accommodation for the automobile. Within Historic Urban Neighborhoods, many of the residential neighborhoods contain traditional corner stores that serve the immediate residents and are in close proximity to commercial clusters of local businesses. The non-residential districts of the Historic Urban Neighborhoods address the small-scale commercial areas have become integral parts of older neighborhoods. These range from pedestrian-oriented commercial clusters at the intersection of arterial streets, the traditional corner store, and mixed-use corridors. The regulations are intended to control the types of uses allowed and the scale of development to encourage their vitality while maintaining compatibility with nearby residential areas. CHARACTER OF THE HISTORIC URBAN NEIGHBORHOODS The character of the non-residential districts of the Historic Urban Neighborhoods is defined by: Commercial uses closely integrated into the residential neighborhoods, including the traditional corner store, small commercial clusters and small mixed-use corridors Commercial structures compatible in scale and design with nearby residential dwellings A pedestrian-oriented environment, with limited or no accommodation for on-site parking, where residents often walk to their destination Commercial uses generally oriented to serve the needs of nearby residents and the neighborhood
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ARTICLE 12. HISTORIC URBAN NEIGHBORHOODS NON-RESIDENTIAL DISTRICTS

12.1 12.2 12.3 12.4 12.1 PURPOSE STATEMENTS USES SITE DESIGN STANDARDS GENERAL STANDARDS OF APPLICABILITY PURPOSE STATEMENTS A. Purpose of the HU-B1A Neighborhood Business District The HU-B1A Neighborhood Business District is intended to address an individual parcel or small cluster of parcels in non-residential use that exist within residential areas that have historically served the neighborhood and are located on a corner, including established corner stores. These historic neighborhood business uses are consistent with the character of the surrounding neighborhood and are intended to serve the immediate area with minimal impact on the surrounding residential uses. B. Purpose of the HU-B1 Neighborhood Business District The HU-B1 Neighborhood Business District is intended for commercial areas that predominantly serve the needs of the nearby residential neighborhoods. The general character of this type of development should be sensitive to and compatible with its residential surroundings. C. Purpose of the HU-MU Neighborhood Mixed-Use District The HU-MU Neighborhood Mixed-Use District is intended for areas of mixed-use development that are close to residential neighborhoods. The district regulations are designed to encourage mixed-use areas that are compatible with adjacent or nearby land uses and pedestrian-oriented in character. In the HU-MU District, active retail and personal service uses along the ground floor with residential uses above are encouraged. A variety of residential dwellings are also allowed. 12.2 USES Only those uses of land listed under Table 12-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Historic Urban Neighborhood Districts. A P indicates that a use is permitted within that zoning district. A C indicates that a use is a conditional use in that zoning district and must obtain a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.
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Article 12 Historic Urban Neighborhoods: Non-Residential Districts
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1
HU-B1A P P P P P P P P
DISTRICTS HU-B1 P P P P P P P P P
HU-MU C C C C P P P P P P P P P C P P P P C P P P P C P P P C C P P P P C P C P P P C P C P C C C P P C C P
USE STANDARDS Section 20.3.G Section 20.3.G Section 20.3.G Section 20.3.G Section 20.3.P Section 20.3.P
RESIDENTIAL USE Bed and Breakfast Family Home Bed and Breakfast Guest Home Bed and Breakfast Inn Bed and Breakfast Historic Home Day Care Home, Adult or Child Small Day Care Home, Adult or Child Large Dwelling, Above the Ground Floor Dwelling, Single-Family Dwelling, Two-Family Dwelling, Townhouse Dwelling, Multi-Family Group Home, Small Group Home, Large Group Home, Congregate Residential Care Facility for Elderly COMMERCIAL USE Animal Hospital Art Gallery Arts Studio Bar Day Care Center, Adult or Child Small Day Care Center, Adult or Child Large Day Care Center, Adult or Child - Commercial Financial Institution Gas Station Green Market Health Club Indoor Amusement Facility Hotel/Motel Live Entertainment Secondary Use Medical/Dental Clinic Office Personal Service Establishment Pet Day Care Center Reception Facility Restaurant, Carry-Out Restaurant, Fast Food Restaurant, Specialty Restaurant, Standard Retail Goods Establishment Retail Sales of Alcoholic Beverages Social Club or Lodge INSTITUTIONAL USE Community Center Convent and Monastery Cultural Facility Educational Facility, Primary Educational Facility, Secondary Government Offices Places of Worship Public Works and Safety Facility INDUSTRIAL USE Food Processing Manufacturing, Artisan City of New Orleans Comprehensive Zoning Ordinance
Section 20.3.BB Section 20.3.BB Section 20.3.BB Section 20.3.QQ
P P P
C P P P P P P C P P P
Section 20.3.F Section 20.3.O Section 20.3.O Section 20.3.O Section 20.3.Z Section 20.3.AA Section 20.3.D Section 20.3.FF
P P
C P P P C P P P P C C
P P P P C P C P P P P C P C
Section 20.3.EE Section 20.3.OO Section 20.3.RR Section 20.3.RR Section 20.3.RR Section 20.3.RR
Section 20.3.TT Section 20.3.L Section 20.3.L Section 20.3.R Section 20.3.R
P P
Section 20.3.L
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1
HU-B1A
DISTRICTS HU-B1
Mini-Warehouse Warehouse OTHER Parking Lot (Principal Use) Parking Structure (Principal Use) Planned Development Utilities Wireless Communications Antenna Wireless Communications Facility Wireless Communications Tower
HU-MU C C C C C C 2 C,P C C
USE STANDARDS
C,P C C
C C C C 2 C,P C C
Section 20.3.KK Section 20.3.KK Article 5 Section 20.3.YY Section 20.3.AAA Section 20.3.AAA Section 20.3.AAA
12.3
SITE DESIGN STANDARDS A. Bulk and Yard Regulations Table 12-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Historic Urban Neighborhood Districts. (Highlighted letters in Table 12-2 indicate where those bulk and yard regulations are illustrated on the accompanying site diagram.)
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TABLE 12-2: BULK & YARD REGULATIONS BULK & YARD REGULATIONS BULK REGULATIONS SF: 1,500sf/du 2F: 1,200sf/du SF: 1,500sf/du MINIMUM LOT AREA 2F: 1,200sf/du Non-Residential: None SF: 1,500sf/du 2F: 1,200sf/du Non-Residential: None MF: 1,000sf/du Townhouse: 2,000sf/du Dwelling Above Ground Floor: 800sf/du Non-Residential: None SF, 2F & MF: 25 Townhouse: 18 per du Non-Residential: None SF & 2F: 35 MF, Townhouse & Non-Residential: 40 & no more than 3 stories DISTRICTS HU-B1A HU-B1 HU-MU
MINIMUM LOT WIDTH
SF & 2F: 25 Non-Residential: None
SF & 2F: 25 Non-Residential: None SF & 2F: 35 Non-Residential: 40 & no more than 3 stories SF & 2F: See Section 11.3.A.2 Non-Residential: 0 build-to line SF & 2F: 3 Non-Residential: None, unless abutting a residential district then 3 SF & 2F: See Section 11.3.A.3 Non-Residential: None, to a maximum of 5 SF & 2F: 20% of lot depth or 15, whichever is less Non-Residential: None, unless abutting a residential district then 15
SF & 2F: 35 MAXIMUM B BUILDING Non-Residential: 40 & no HEIGHT more than 3 stories MINIMUM YARD REQUIREMENTS SF & 2F: See Section 11.3.A.2 C FRONT YARD Non-Residential: 0 build-to line D INTERIOR SIDE YARD 3 SF & 2F: See Section 11.3.A.3 Non-Residential: None, to a maximum of 3 20% of lot depth or 15, whichever is less
None, to a maximum of 5 SF & 2F: 3 Townhouse, MF & Non-Residential: None, unless abutting a residential district then 3 SF & 2F: 10% of lot width, but a minimum of 3 Townhouse, MF & Non-Residential: None, to a maximum of 5 Residential: 20% of lot depth or 15, whichever is less Non-Residential: None, unless abutting a residential district then 15
CORNER SIDE YARD
REAR YARD
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Historic Urban Neighborhoods - Commercial

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B. HU-B1A District Standards Structures within the HU-B1A District must meet the following standards for designation as the HU-B1A District. 1. The structure must be located on a corner lot, clearly non-residential in its original construction and use, such as former warehouse buildings, institutional uses like firehouses, educational facilities and places of worship, and early gas stations. 2. The lot must form the corner of at least two (2) streets. 3. No parking is required. If parking is provided, no parking may be located in front of the front building line or in front of the front building line of a structure on either side of lot. All parking must be screened in accordance with Article 23 (Landscaping, Stormwater Management and Screening). 4. The structure must have a majority of the following characteristics: a. The building is built to the sidewalk and frames the corner. b. The building entrance is visible from both streets, and has an entrance across the angle of the corner or a street-level entrance on both streets. c. The building has an overhang, gallery or balcony over the sidewalk along one (1) or both of the streets forming the corner. d. The building has display windows and no blank walls facing the street. e. The building was originally constructed for a non-residential use. 5. Where reuse of an existing gas station is proposed, parking is permitted in the front of the structure, subject to the landscape standards of Article 23 (Landscaping, Stormwater Management and Screening). C. Building Design Standards 1. HU-B1 and HU-MU District Design Standards Non-residential uses within the HU-B1 and HU-MU Districts must meet the following design standards. a. The first floor of commercial buildings must be designed with a minimum ceiling height of twelve (12) feet. b. The ground floor of a commercial faade must maintain a transparency of fifty percent (50%) and windows must be constructed of clear and non-tinted glass. c. The primary entrance for each business must be oriented to the street. If residential dwellings are located above the ground floor, separate street level access is required for residential access. d. Awnings are encouraged along ground floor facades.
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e. No parking is required. If parking is provided, no parking may be located in front of the front building line or in front of the front building line of a structure on either side of the lot. All parking must be screened. (See Figure 12-1: Parking Lot Location) FIGURE 12-1: PARKING LOT LOCATION
f.
Where reuse of an existing gas station is proposed, parking is permitted in the front of the structure, subject to the landscape standards of Article 23 (Landscaping, Stormwater Management and Screening).
g. The following restrictions apply to building materials: i. The following materials are permitted for use on exterior elevations visible from the public right-of-way: (1) Brick (2) Natural or cast stone (3) Stucco (4) Wood (5) Architectural pre-cast concrete (6) Green building materials; however, these materials must be approved by the Executive Director of the City Planning Commission (7) Additional building materials not listed as permitted materials may be used subject to the approval of the Executive Director of the City Planning Commission and so long as such materials are not listed as a prohibited material in Paragraph b below. ii. The following materials are prohibited as the predominant surface finish material on exterior elevations visible from the public right-of-way. However, such materials may be used as part of decorative or detail elements, or as part of the exterior construction, such as a foundation course, that is not used as a predominant surface finish material.
City of New Orleans Comprehensive Zoning Ordinance 12 - 7 DRAFT CZO - 2011 Article 12 Historic Urban Neighborhoods: Non-Residential Districts
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(1) Concrete masonry units (CMU) (2) King-size or jumbo brick (3) Aluminum siding or panel systems, or metal panels (4) Exposed aggregate (rough finish) concrete wall panels (5) Exterior insulating finish systems (EIFS, Dryvit) (6) Glass curtain wall systems (7) Plastic (8) T-111 Composite plywood siding (9) Vinyl h. The siting and design requirements for buildings in the HU-MU District are illustrated in Figure 12-2: HU-MU District Illustrative and Site Diagram. 3. Townhouse and Multi-Family Dwelling Design Standards See Article 11 for building design standards for townhouse and multi-family dwellings in the Historic Urban Neighborhood Non-Residential Districts.
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FIGURE 12-2: HU-MU DISTRICT ILLUSTRATIVE AND SITE DIAGRAM
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FIGURE 12-2: HU-MU DISTRICT ILLUSTRATIVE AND SITE DIAGRAM
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12.4
GENERAL STANDARDS OF APPLICABILITY All Historic Urban Neighborhoods Districts are subject to the following standards: A. Accessory Structures and Uses See Section 21.6 (Accessory Structures and Uses) for standards covering accessory structures and uses. B. Temporary Uses See Section 21.8 (Temporary Uses) for standards governing temporary uses. C. Site Development Standards See Article 21 (On-Site Development Standards) for additional site development standards such as exterior lighting, environmental performance standards and permitted encroachments. D. Off-Street Parking and Loading See Article 22 (Off-Street Parking and Loading) for standards governing off-street parking and loading. E. Landscaping, Stormwater Management and Screening See Article 23 (Landscaping, Stormwater Management and Screening) for standards governing landscaping, stormwater management and screening. F. Signs See Article 24 (Signs) for standards governing signs. G. Overlay Districts See Article 18 (Overlay Districts) for additional overlay district regulations, when applicable. H. Nonconformities See Article 25 (Nonconformities) for regulations governing nonconformities.
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ARTICLE 13. SUBURBAN NEIGHBORHOODS RESIDENTIAL DISTRICTS

PURPOSE OF THE SUBURBAN NEIGHBORHOODS Suburban Neighborhoods developed primarily in the latter th half of the 20 Century. These areas are characterized by lower density development, including neighborhoods of single-family development on lots of various sizes and more spacious setbacks between homes than found in older areas of the City with a generally uniform front setback within each square. Commercial areas within the Suburban Neighborhoods tend to be physically separated from residential areas and have few, if any, ground floor residential uses. These areas are generally located along arterial streets and typically provide accommodation for the automobile, reflecting a more suburban style of development. The residential districts of Suburban Neighborhoods contain regulations that create and maintain living environments that preserve and reflect a form of lower density development. Within Suburban Neighborhoods, the residential districts gradually increase in density, such that the general neighborhood character is a transition from single-family through multi-family that may abut or be in closer proximity to commercial districts. CHARACTER OF THE SUBURBAN NEIGHBORHOODS The character of the residential districts of the Suburban Neighborhoods is defined by: A suburban development type, typified by housing with larger setbacks from the street and between structures, a lower density than the more urban areas of the City, and accommodation for the automobile on-site Neighborhoods are generally developed with a particular residential dwelling type, such as singlefamily dwellings Mid-century modern housing types, such as ranch homes and craftsman bungalows, are predominant rather than historic New Orleans architecture
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ARTICLE 13. SUBURBAN NEIGHBORHOODS RESIDENTIAL DISTRICTS

13.1 13.2 13.3 13.4 13.1 PURPOSE STATEMENTS USES SITE DESIGN STANDARDS GENERAL STANDARDS OF APPLICABILITY PURPOSE STATEMENTS A. Purpose of the S-RS1 Single-Family Residential District The S-RS1 Single-Family Residential District is intended for single-family residential neighborhoods developed after World War II where a more uniform lotting pattern is evident with larger, generally uniform setbacks. Limited non-residential uses, such as places of worship, that are compatible with surrounding residential neighborhoods may be allowed. B. Purpose of the S-RD1 Two-Family and Townhouse Residential District The S-RD1 Two-Family Residential District is intended for use in newer areas of the City to facilitate the creation and maintenance of a more compact development type, where there may be a mix of housing types, including two-family and townhouse dwellings. Limited nonresidential uses, such as places of worship that are compatible with surrounding residential neighborhoods may be allowed. C. Purpose of the S-RM1 Multi-Family Residential District The S-RM1 Multi-Family Residential District is intended to maintain a residential environment that permits a variety of dwelling types. Population density is maintained in the medium range, and multi-family buildings up to four stories are permitted. Limited non-residential uses, such as places of worship that are compatible with surrounding residential neighborhoods may be allowed. D. Purpose of the S-RM2E Multi-Family Residential District The S-RM2E Multi-Family Residential District is intended to maintain a residential environment that permits a variety of dwelling types. Population density is maintained in the medium range, and multi-family buildings up to four stories are permitted. The district is intended for the multi-family areas of Eastern New Orleans. Limited non-residential uses, such as places of worship that are compatible with surrounding residential neighborhoods may be allowed. E. Purpose of the S-LRS1 Lakeview Single-Family Residential District The S-LRS1 Lakeview Single-Family Residential District is intended to provide for and encourage low density, single-family residential development of a relatively spacious character, together with places of worship, recreational facilities, and accessory uses as may be necessary or normal for residential surroundings, in such a manner as to preserve the distinctive character of the Lakeview area. The district also is intended to provide for the maintenance of existing residential densities, as well as opportunities for compatible residential growth.
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Article 13 Suburban Neighborhoods: Residential Districts
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F. Purpose of the S-LRS2 Lake Vista and Lake Shore Single-Family Residential District The S-LRS2 Lake Vista and Lake Shore Single-Family Residential District is intended to provide for and encourage low-density, single-family residential development of a relatively spacious character consistent with the unique development pattern of the Lake Vista and Lake Shore areas together with places of worship, recreational facilities, and accessory uses as may be necessary or normal for residential surroundings. G. Purpose of the S-LRS3 Lakewood and Country Club Gardens Single-Family Residential District The S-LRS3 Lakewood and Country Club Gardens Single-Family Residential District is intended to provide for and encourage low-density, single-family residential development of a relatively spacious character in the Lakewood area, together with places of worship, recreational facilities, and accessory uses as may be necessary or normal for residential surroundings. This district is also intended to protect existing development of this character. Greater lot widths are required in the S-LRS3 District than in the S-LRS1 Lakeview SingleFamily Residential District. H. Purpose of the S-LRD1 Lake Vista Two-Family Residential District The S-LRD1 Lake Vista Two-Family Residential District is intended to provide for two-family development consistent with the historic character of development in the Lake Vista area. This development may be mixed with single-family residential dwellings along with churches and recreational facilities and with accessory uses as may be necessary or are normally compatible with residential surroundings. I. Purpose of the S-LRD2 Lakewood/Parkview Two-Family Residential District The S-LRD2 Lakewood/Parkview Two-Family Residential District is intended to provide for two-family development on smaller lots of record in more densely populated sections of the Lake Area. This development may be mixed with single-family residential dwellings along with places of worship and recreational facilities and with accessory uses as may be necessary or are normally compatible with residential surroundings. J. Purpose of the S-LRM1 Lake Area Low-Rise Multi-Family Residential District The S-LRM1 Lake Area Low-Rise Multi-Family Residential District is intended to provide for low-rise, medium density, multi-family residential development in the Lake Area in proximity to single- and two-family residential development. K. Purpose of the S-LRM2 Lake Area High-Rise Multi-Family Residential District The S-LRM2 Lake Area High-Rise Multi-Family Residential District is intended to provide for medium to high-rise, high density, multi-family residential development in proximity to singleand two-family residential development, neighborhood business, general commercial or marina areas.
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13.2
USES Only those uses of land listed under Table 13-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Traditional Suburban Neighborhood Districts. A P indicates that a use is permitted within that zoning district. A C indicates that a use is a conditional use in that zoning district and must obtain a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.
TABLE 13-1: PERMITTED AND CONDITIONAL USES DISTRICTS S-RS1 S-RD1 S-RM1 S-RM2E P C C C P C P P P P C P P C P C P C C C P C P C C P P P P C P C 2 C,P C C P C C C P C P P P C C P P C P C P C C C P C P C C P P P P C P C 2 C,P C C Section 20.3.MM Section 20.3.XX Article 5 Section 20.3.NN Section 20.3.YY Section 20.3.AAA Section 20.3.AAA Section 20.3.AAA
USE
USE STANDARDS Section 20.3.E Section 20.3.G Section 20.3.G Section 20.3.G Section 20.3.P Section 20.3.P
RESIDENTIAL USE Artist Community Bed and Breakfast Family Home Bed and Breakfast Guest Home Bed and Breakfast Historic Home Day Care Home, Adult or Child Small Day Care Home, Adult or Child Large Dwelling, Single-Family Dwelling, Two-Family Dwelling, Townhouse Dwelling, Multi-Family Fraternity/Sorority Group Home, Small Group Home, Large Group Home, Congregate Residential Care Facility for Elderly INSTITUTIONAL USE Community Center Convent and Monastery Cultural Facility Educational Facility, Primary Educational Facility, Secondary Government Offices Hospital Places of Worship Public Works and Safety Facilities Social Club or Lodge OPEN SPACE USE Community Garden Horse Stables (Commercial) Parks and Playgrounds Private Residential Recreation Facility (Indoor or Outdoor) Urban Agriculture OTHER Planned Development Pumping Station Utilities Wireless Communications Antenna Wireless Communications Facility Wireless Communications Tower
C C C P P P P C
Section 20.3.X Section 20.3.BB Section 20.3.BB Section 20.3.BB Section 20.3.QQ Section 20.3.L Section 20.3.L Section 20.3.R Section 20.3.R
C P C C C P P C C P C P P P
C P C C C P P C C P P P P C P C 2 C,P C C
Section 20.3.L Section 20.3.TT Section 20.3.M Section 20.3.CC
P C 2 C,P C C
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1
S-LRS1
S-LRS2
S-LRS3
DISTRICTS S-LRD1 S-LRD2 C
S-LRM1 C P C
S-LRM2 C P C P P P P C P P C P C P C C C C P C P C C P C P P C C P C 2 C,P C C
USE STANDARDS Section 20.3.G Section 20.3.P Section 20.3.P
RESIDENTIAL USE Bed and Breakfast Family Home Day Care Home, Adult or Child Small Day Care Home, Adult or Child Large Dwelling, Single-Family Dwelling, Two-Family Dwelling, Townhouse Dwelling, Multi-Family Fraternity/Sorority Group Home, Small Group Home, Large Group Home, Congregate Residential Care Facility for Elderly INSTITUTIONAL USE Community Center Convent and Monastery Cultural Facility Educational Facility, Primary Educational Facility, Secondary Educational Facility, Vocational Government Offices Hospital Places of Worship Public Works and Safety Facility Social Club or Lodge COMMERCIAL USE Day Care Center, Adult or Child Small Day Care Center, Adult or Child Large OPEN SPACE USE Community Garden Parks and Playgrounds Private Residential Recreation Facility (Indoor or Outdoor) OTHER Planned Development Pumping Station Utilities Wireless Communications Antenna Wireless Communications Facility Wireless Communications Tower
P P
P P C
P P P P C P P C P C P C C C C P C P C C P C
Section 20.3.X Section 20.3.BB Section 20.3.BB Section 20.3.BB Section 20.3.QQ Section 20.3.L Section 20.3.L Section 20.3.R Section 20.3.R Section 20.3.R
C P C C C C P P C C
C P C C C P P C C C
C P C C C P P C C C
C P C C C P P C C C
C P C C C P P C C C
Section 20.3.L Section 20.3.TT Section 20.3.O Section 20.3.O Section 20.3.M Section 20.3.MM Article 5 Section 20.3.NN Section 20.3.YY Section 20.3.AAA Section 20.3.AAA Section 20.3.AAA
P P C
P P C
P P C
P P C C P C 2 C,P C C
P C 2 C,P C C
P C 2 C,P C C
P C 2 C,P C C
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13.3
SITE DESIGN STANDARDS A. Bulk and Yard Regulations 1. General Regulations Table 13-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Suburban Neighborhood Districts. (Highlighted letters in Table 13-2 indicate where those bulk and yard regulations are illustrated on the accompanying site diagram.) 2. Lake Vista Yard Definition In the Lake Vista area of the S-LRS2 and S-LRD1 Districts, the front and rear yard requirements of through lots are assigned as follows: the front yard requirements apply to that yard which faces lanes and parks, and the rear yard requirements apply to that yard which faces the public street 3. Required On-Site Open Space All townhouse and multi-family dwellings must provide at least one-hundred twenty (120) square feet of useable on-site open space per dwelling unit. This open space may be either private open space for the dwelling unit or common open space restricted to the use of residents of the townhouse or multi-family dwelling. Such open space must meet the following requirements: a. Required open space must have a minimum dimension of at least seven (7) feet on any side. b. Required open space must be located on the same lot as the dwelling unit it serves. c. Required open space must be outdoors and designed for outdoor living, recreation or landscaping, including areas located on the ground and areas on decks, balconies, galleries, porches or roofs. For multi-family dwellings, when open space is above grade, such as a balcony or gallery, it may not be located over off-street surface parking areas. d. The required open space area is not required to be contiguous, but each open space area, whether common or private, must comply with minimum dimensional standards. Common open space areas must be accessible to all residents of the subject development. e. When located at ground level, the required open space area must be substantially covered with grass, live groundcover, shrubs, plants, trees or usable outdoor hardscape features or amenities, such as seating areas, patios or pools. f. Off-street parking and loading areas, driveways or required landscaping for parking lots and screening do not satisfy open space requirements. Bollards, curbs, wheel stops or other similar features must be provided to ensure that required open space areas are not used for off-street parking or any other vehicular use.
g. Mechanical equipment, dumpsters or service areas are prohibited in required open space areas. h. All required open space areas must be located and designed to take advantage of sunlight and other climatic advantages of the site.
City of New Orleans Comprehensive Zoning Ordinance 13 - 5 DRAFT CZO - 2011 Article 13 Suburban Neighborhoods: Residential Districts
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BULK & YARD REGULATIONS BULK REGULATIONS
TABLE 13-2: BULK & YARD REGULATIONS DISTRICTS S-RS1 SF: 4,400sf/du
S-RD1
MINIMUM LOT AREA
6,000sf/du Non-Residential: 20,000sf
2F: 2, 500sf/du Townhouse: 2,000sf/du Non-Residential: 20,000sf/du SF: 40
MINIMUM LOT WIDTH
Residential: 50 Non-Residential: 100
2F: 50 Townhouse: 18 per du Non-Residential: 100 Residential: 90 Non-Residential: 100 35 40% 40% 6
B C
MINIMUM LOT DEPTH
100 35 50% 40% 40%
MAXIMUM BUILDING HEIGHT MAXIMUM LOT COVERAGE MAXIMUM IMPERVIOUS SURFACE IN FRONT YARD MAXIMUM IMPERVIOUS SURFACE IN CORNER SIDE YARD MAXIMUM NUMBER OF ATTACHED TOWNHOUSE UNITS MINIMUM YARD REQUIREMENTS D FRONT YARD
20
20 SF & 2F: 10% of lot width, but a minimum of 3 Townhouse: 10; unless adjacent to a single-family residential district, then 15 Non-Residential: 10 SF & 2F: 10% of lot width, but a minimum of 3 Townhouse & Non-Residential: 10 20% of lot depth or 20, whichever is less
INTERIOR SIDE YARD
10% of lot width or 3, whichever is greater
F G
CORNER SIDE YARD REAR YARD
10 20% of lot depth or 20, whichever is less
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BULK & YARD REGULATIONS BULK REGULATIONS S-LRS2 S-LRD1 S-LRD2
S-LRS1
TABLE 13-2: BULK & YARD REGULATIONS DISTRICTS S-LRS3
Lakewood South and the West Side of Bellaire Drive in Lakewood North: Residential: 6,700sf/du Non-Residential: 20,000sf Country Club Gardens and Lakewood North except that portion West of Bellaire Drive: Non-Residential: 20,000sf Residential: 5,000sf/du Non-Residential: 20,000sf Non-Residential: 20,000sf 2F: 3,250sf/du Residential: 6,700sf/du SF: 5,000sf/du
Dumaine Street, Moss Street/Jefferson Davis Parkway to Orleans Avenue to North Carrollton Avenue to Toulouse Street to City Park Avenue: SF: 3,600sf/du 2F: 1,800sf/du Townhouse: 2,000sf/du Non-Residential: 20,000sf All Other Areas: SF: 4,400sf/du 2F: 2,500sf/du Non-Residential: 20,000sf Dumaine Street, Moss Street/Jefferson Davis Parkway to Orleans Avenue to North Carrollton Avenue to Toulouse Street to City Park Avenue: SF: 30 SF: 50 2F: 60 Non-Residential: 100 2F: 30 Townhouse: 18 Non-Residential: 100 All Other Areas: SF: 40 2F: 50 Non-Residential: 100
SF: 5,000sf/du
MINIMUM LOT AREA
2F: 2,500sf/du
Non-Residential: 20,000sf
Lakewood South and the West Side of Bellaire Drive in Lakewood North: Residential: 60 Residential: 60 Non-Residential: 100 Residential: 50 Non-Residential: 100 Non-Residential: 100 Country Club Gardens and Lakewood North except that portion West of Bellaire Drive:
SF: 40
2F: 50
MINIMUM LOT WIDTH
Non-Residential: 100
MINIMUM LOT DEPTH 100
SF & 2F: 90
Lakewood South and the West Side of Bellaire Drive in Lakewood North: 100 Country Club Gardens and Lakewood North except that portion West of Bellaire Drive: 13 - 7 DRAFT CZO - 2011
Non-Residential: 100
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BULK & YARD REGULATIONS S-LRS2 Non-Residential: 100 35 & no more than 3 stories 35 & no more than 3 stories 50% 40% 40% 40% 50% 40% 35 & no more than 3 stories 40 & no more than 3 stories S-LRD1 S-LRD2
S-LRS1
TABLE 13-2: BULK & YARD REGULATIONS DISTRICTS S-LRS3 Residential: 90
40%
40%
40%
40%
MAXIMUM 40 & no more than 3 BUILDING stories HEIGHT MAXIMUM LOT 50% COVERAGE MAXIMUM PAVING IN 40% FRONT YARD MAXIMUM PAVING IN 40% CORNER SIDE YARD MAXIMUM NUMBER OF ATTACHED TOWNHOUSE UNITS MINIMUM YARD REQUIREMENTS D FRONT YARD 20 6 20 20 20
20 Dumaine Street, Moss Street/Jefferson Davis Parkway to Orleans Avenue to North Carrollton Avenue to Toulouse Street to City Park Avenue: Residential: 6 Non-Residential: 10 SF & 2F: 3 Townhouse & Non-Residential: 10 All Other Areas: Residential: 3 Non-Residential: 10 10 10
E Non-Residential: 10 Non-Residential: 10
INTERIOR SIDE YARD
Residential: 6
Residential: 3
F Residential: 20% to a maximum required aggregate of 10 Non-Residential: 25% to a maximum required
10
10
10 Residential: 20% to a maximum required aggregate of 10 Non-Residential: 25% to a maximum required aggregate of 20
20% to a maximum required aggregate of 10
Residential: 20% to a maximum required aggregate of 10 Non-Residential: 25% to a maximum required 13 - 8 DRAFT CZO - 2011
Dumaine Street, Moss Street/Jefferson Davis Parkway to Orleans Avenue to North Carrollton Avenue to Toulouse Street to City Park Avenue: SF & 2F: 20% to a maximum required Article 13 Suburban Neighborhoods: Residential Districts
CORNER SIDE YARD MINIMUM REQUIRED AGGREGATE OF SIDE YARDS (PERCENT OF LOT WIDTH)
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BULK & YARD REGULATIONS S-LRS2 aggregate of 20 aggregate of 10 S-LRD1 aggregate of 20 S-LRD2
S-LRS1
TABLE 13-2: BULK & YARD REGULATIONS DISTRICTS S-LRS3 Townhouse & Non-Residential: 20% to a maximum required aggregate of 20 All Other Areas: Residential: 20% to a maximum required aggregate of 10 Non-Residential: 25% to a maximum required aggregate of 20 Residential: 15 Non-Residential: 20
G Non-Residential: 20
REAR YARD
20
Residential: 16% of lot depth or 15, whichever is greater, to a maximum of 20 20
20
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Suburban Neighborhoods - Single-Family & Two-Family

Suburban Neighborhoods - Townhouse

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BULK & YARD REGULATIONS BULK REGULATIONS
TABLE 13-2: RESIDENTIAL ZONING DISTRICTS BULK & YARD REGULATIONS DISTRICTS S-RM1 S-RM2E S-LRM1
S-LRM2 SF: 3,125sf/du
SF: 3,125sf/du 2F: 1,750sf/du MF 3 Unit: 1,500sf/du MINIMUM LOT AREA MF 4 Unit: 1,200sf/du MF 5+ Unit: 1,000sf/du Townhouse: 2,000sf/du Non-Residential: 20,000sf
SF: 3,125sf/du 2F: 1,750sf/du MF-3 Unit: 1,500sf/du MF 4 Unit: 1,200sf/du MF 5+ Unit: 2,722sf/du Townhouse: 2,000sf/du Non-Residential: 20,000sf
SF: 3,125sf/du 2F: 1,750sf/du MF 3 Unit: 1,500sf/du MF 4 Unit: 1,200sf/du MF 5+ Unit: 1,000sf/du Townhouse: 2,000sf/du Non-Residential: 20,000sf
2F: 1,750sf/du MF 3 Unit: 1,200sf/du MF 4 Unit: 1,000sf/du MF 5-11 Unit: 1,000sf/du MF 12-40 Unit: 1,000sf/du MF 41+ Unit: 1,000sf/du Townhouse: 2,000sf/du Non-Residential: 20,000sf Educational Institution: 2 ac SF & 2F: 30 MF 3 or 4 Unit: 40
SF & 2F: 30 MF 3 Unit: 40 A MINIMUM LOT WIDTH MF 4+ Unit: 50 Townhouse: 18 per du Non-Residential: 100
SF & 2F: 30 MF 3 Unit: 40 MF 4+ Unit: 50 Townhouse: 20 per du & 80 per development Non-Residential: 100
SF & 2F: 30 MF 3 Unit: 40 MF 4+ Unit: 50 Townhouse: 18 per du Non-Residential: 100
MF 5-11 Unit: 50 MF 12-16 Unit: 60 MF 17-40 Unit: 75 MF 41+ Unit: 100 Townhouse: 18 per du Non-Residential: 100 Educational Institution: 30
SF, 2F & MF 3-4 Unit: 90 B MINIMUM LOT DEPTH Residential: 90 Non-Residential: 100 MF 5+ Unit: 130 Townhouse: 100 per development Non-Residential: 100 MAXIMUM NUMBER OF MF DWELLING UNITS PER BUILDING MAXIMUM NUMBER OF ATTACHED TOWNHOUSE UNITS Residential: 90 Non-Residential: 100
SF, 2F, MF 3 to 11 Units, Townhouse & NonResidential: 90 MF 12+ Units & Educational Institution: 100
40
SF & 2F: 35 MAXIMUM BUILDING HEIGHT SF, 2F, MF 3-4 Unit, Townhouse & NonResidential: 40 MF 5+ Unit: 45 MF 3-4 Unit & NonResidential: 45 Townhouse: 45 & no more than 3.5 stories MF 5+ Unit: 45 & no more than 4 stories SF, 2F, MF 3-4 Unit, Townhouse & NonResidential: 40 MF 5+ Unit: 55 SF, 2F, Townhouse & NonResidential: 40 Multi-Family: 90
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TABLE 13-2: RESIDENTIAL ZONING DISTRICTS BULK & YARD REGULATIONS DISTRICTS S-RM1 S-RM2E S-LRM1 8
BULK & YARD REGULATIONS MINIMUM HEIGHT OF TOWNHOUSE & MF FIRST FLOOR
S-LRM2
SF, 2F, MF 3-40 Unit & Non-Residential: .20 MINIMUM OPEN SPACE RATIO .30 .30 .30 MF 41+ Unit & Educational Institutions: .10 Townhouse: .30 MAXIMUM LOT COVERAGE SF, 2F, MF 3-4 Unit, Townhouse & NonResidential: 60% MF 5+ Unit: 40% Building Side to Building Side: 20 when no curb cut access & 40 with curb cut access Building Side to Building Rear: 40 Building Rear to Building Rear: 60 for residential faades Townhouse: 30 MF 5+ Unit: 40 Townhouse & MF: 180 1 BR: 500sf MINIMUM MF UNIT SIZE YARD REQUIREMENTS D MINIMUM FRONT YARD 20 20 Townhouse & MF: 20 build-to line SF, 2F & MF 3-4 Unit: 10% of lot width, but a minimum of 3 Townhouse, MF 5+ Unit & Non-Residential: Minimum - 10 Maximum When building is adjacent to property line: 15 When curb cut is provided between building & property line: 40 F MINIMUM CORNER SIDE 10 SF, 2F, MF 3-4 Unit & 10 10 Article 13 Suburban Neighborhoods: Residential Districts 20 20 2 BR: 700sf 3 BR: 900sf 4+ BR: 1,200sf
60%
MINIMUM SPACE BETWEEN MF BUILDINGS
MAXIMUM SPACE BETWEEN MF BUILDINGS MAXIMUM BUILDING LENGTH
MINIMUM INTERIOR SIDE YARD
SF, 2F, Townhouse & MF 3 to 4 Unit: 10% of lot width, but a minimum of 3 MF 5+ Unit: 5 Non-Residential: 10
SF, 2F & MF 3 to 4 Unit: 3 MF 5+ Unit & Townhouse: 5 Non-Residential: 10
SF, 2F & MF 3 to 4 Unit: 3 MF 5-16 Unit & Townhouse: 5 MF 17+ Unit: 6 Educational Institutions: 20 Non-Residential: 10
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TABLE 13-2: RESIDENTIAL ZONING DISTRICTS BULK & YARD REGULATIONS DISTRICTS S-RM1 S-RM2E S-LRM1 Non-Residential: 10 Townhouse & MF: 20 build-to line SF, 2F, MF 3-16 Unit & Townhouse: 20% to a maximum required aggregate of 10 MF - 17-40 Unit: 20% to a maximum required aggregate of 15 MF 41+ Unit: 20% to a maximum required aggregate of 12 Non-Residential: 20% to a maximum required aggregate of 20 Educational Institutions: 30% to a maximum required aggregate of 40 SF & 2F: 15 G MINIMUM REAR YARD 20 MF 3-4 Unit & NonResidential: 20 Townhouse & MF 5+ Unit: 30 20 SF, 2F & MF - 3-11 Unit: 15 MF 12+ Unit, Townhouse, Educational Institution & Non-Residential: 20
BULK & YARD REGULATIONS YARD
S-LRM2
MINIMUM REQUIRED AGGREGATE OF SIDE YARDS (PERCENT OF LOT WIDTH)
SF, 2F, MF 3-5 Unit: 20% to a maximum required aggregate of 10 Townhouse: 20% to a maximum required aggregate of 15 Non-Residential: 20% to a maximum required aggregate of 20
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Suburban Neighborhoods - Multi-Family

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B. Building Design Standards 1. Townhouse and Multi-Family Dwelling Design Standards The following building design standards apply to townhouse and multi-family developments in the residential districts of the Suburban Neighborhoods. a. Faade Articulation and Reduction of Mass and Scale i. All buildings must be oriented towards the public or private street in terms of architectural interest and materials and building access.
ii. All buildings must provide a clearly articulated entry from the public sidewalk at the front elevation and from rear parking areas. iii. Large, flat facades facing the street must be avoided by articulating the building mass to create substantial shadows and visual interest. Form-giving elements including, but not limited to, windows, galleries, balconies, projected entrances, shutters and overhangs are required on the street facing faade. All shutters must be operational. iv. Facades must be designed to be viewed from multiple directions and, therefore, they must be designed with consistent materials and treatment that wraps around all facades. There must be a unifying architectural theme for an entire multi-family or townhouse development, utilizing a common vocabulary of architectural forms, elements, materials and colors around the entire structure. v. To avoid the appearance of blank walls facing the street, when the side walls of a multi-family or townhouse dwelling face a street, building facades must be designed with elements of a front faade, including doors and/or windows. vi. Windows and doors must have raised elements to create shadow and articulation. In addition, three-dimensional elements, such as balconies and bay windows, must be incorporated to provide dimensional elements on a faade. Windows must be set back into or projected out from the faade to provide faade depth and shadow and a consistent style. b. Roof Forms i. To ensure that new developments are consistent and compatible with the surrounding neighborhood character, consistency in the roofline must be achieved by using similar roof forms with varying height and proportion.
ii. Roof planes must create visual interest and reflect articulated faade massing. Roof planes must be similar in slope, materials and detail to create a unified theme and silhouette. iii. Unless typical of existing development within the neighborhood, large, monotonous, simple pitched roofs, without breaks in the expanse of the roof, are prohibited. Properly proportioned dormers and gables must be used to break up large expanses of roof area. For flat roofs, cornices and parapets must be used to add variety and break up the roofline.
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c. Parking Areas and Pedestrian Walkways i. Parking is prohibited in the required front and corner side yards. Parking is prohibited in front of the building or within five (5) feet of the front property line when located within a corner side yard.
ii. Driveways should be consolidated, where possible, in order to reduce curb cuts. Adjacent residential buildings should, where possible, share driveway access. d. Building Materials A list of permitted and prohibited building materials is included as follows. i. Approved materials for exterior use in the construction of new multi-family and townhouse developments are as follows: (1) Clay brick (2) Natural or cast stone (minimum four (4) inch thickness) (3) Cedar or equivalent simulated wood, or fiber-cement, horizontal siding (4) Stucco (5) Architectural pre-cast concrete (6) Wood, molded polymer, copper, and fiber cement material for trim, freeze boards, soffits and facia boards; aluminum or vinyl material may be used for soffits and facia boards only (7) Architectural concrete block for a foundation course only (8) Slate or tile roofing material (9) Terra cotta or similar glazed masonry units (10)Architectural grade asphalt and fiberglass shingles for roofs only (11)Glass block for accenting purposes (glass block walls are prohibited) (12)Fiber cement siding (i.e., hardie board) (13)Green building materials; however, these materials must be approved by the Executive Director of the City Planning Commission (14)Additional building materials not listed as permitted materials may be used subject to the approval of the Executive Director of the City Planning Commission and so long as the materials are not listed as a prohibited material in Paragraph ii below. ii. The following materials are prohibited as the predominant surface finish material in the construction of new multi-family and townhouse developments. However, such materials may be used as part of decorative
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or detail elements, or as part of the exterior construction, such as a foundation course, that is not used as a predominant surface finish material. (1) Standard concrete masonry units (CMU) (2) King-size or jumbo brick (3) Exposed aggregate (rough finish) concrete wall panels (4) Plywood, composite plywood or masonite sidings (T-111) (5) Veneers (6) Plastic (7) Glass curtain wall systems (8) Reflective glass (9) Bright wall flashings and copings (10)Metal wall panels (11)Exterior insulation finish systems (EIFS) (e.g.Dryvit) (12)Miscellaneous metals (13)Stuccato board (14)Wood shake shingles 2. Additional Design Standards for S-RM2E District In addition to the design standards of Paragraph 2 above, townhouse and multi-family dwellings in the S-RM2E District must comply with the following additional design standards. a. Ground Floor of Multi-Family Dwellings i. For any residential unit built after the effective date of this Ordinance, no habitable units are allowed on the ground floor of any multi-family unit. The first habitable floor of all multi-family buildings must be a minimum of eight (8) feet above grade. Parking, entry and public areas may be located on the first floor.
ii. Portions of the non-habitable ground floor faade not used for building access or fenestration must be designed according to the following requirements: (1) For multi-family buildings that use the ground floor for common tenant facilities (such as a fitness room, laundry facility, or meeting space), foundation landscaping and/or grading must be used to screen the portion of the wall between the existing grade and a line three (3) feet above the existing grade. (See Figure 13-1: Multi-Family Ground Floor) On the portion of the ground floor faade above this line, windows must be provided that create an appropriate level of transparency and reflect the character of the upper floor faade design. Landscaping may be omitted directly in front of windows or doors in order to provide adequate interior light and access.
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FIGURE 13-1: MULTI-FAMILY GROUND FLOOR
(2) For multi-family buildings that do not use the ground floor for common resident facilities, or use it for utility spaces (such as vehicular parking, storage, or building infrastructure), foundation grading must be provided such that the grading meets the building faade at a point four (4) feet above the existing grade. b. Ground Floor of Townhouse Dwellings For townhouses, the entire portion of the ground floor faade between the existing grade and a line four (4) feet above the existing grade must be screened. Screening techniques may include grading and landscaping, or stairs and hardscape that provide access to the first habitable floor, or a combination of both. However, no flight of stairs may account for more than four (4) feet in elevation change without providing a landing area. (See Figure 13-2: Townhouse Ground Floor) FIGURE 13-2: TOWNHOUSE GROUND FLOOR
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c. Townhouse Separation Requirement For townhouses, the rear faade of a building must be at least sixty (60) feet of the rear faade of another townhouse building. Non-residential ground-floor facades are permitted to encroach into the required yard up to ten (10) feet beyond the edge of the upper story residential faade. (See Figure 13-3: Townhouse Separation Requirement)
FIGURE 13-3: TOWNHOUSE SEPARATION REQUIREMENT
d. Roof Forms Allowable roof types include (See Figure 13-4: Roof Forms): i. For townhouses: pitched gable roofs
ii. For multi-family dwellings: pitched gable roofs and flat roofs
FIGURE 13-4: ROOF FORMS
Flat Roof
Gable Roof
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e. Parking Areas and Pedestrian Walkways See Figure 13-5: Parking Areas and Pedestrian Walkways for illustrations of these standards. In addition to the standards of Paragraph 2 above, townhouse and multifamily in the S-RM2E District must meet the following: i. Clearly defined pedestrian access from any parking areas to the building is required. A clearly defined visible and identifiable network of pedestrian connections must be provided in and between parking lots, street sidewalks, open spaces and buildings.
ii. Interior lots may provide access from the primary street, although the number of access points should be minimized to the extent possible. Corner lots must provide access to parking from the less prominent street to be determined through site plan review. f. Representative Building Types The images in Figure 13-6: Representative Building Types represent desired building design concepts for future development in the S-RM2E District. Building design should generally emulate the scale, massing and design detail as illustrated, and reflect the noted principles.
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FIGURE 13-5: PARKING AREAS AND PEDESTRIAN WALKWAYS

Townhouse vehicular access for interior lots (top) and corner lots (bottom) Multi-family vehicular access for interior lots (top) and corner lots (bottom)
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FIGURE 13-6: REPRESENTATIVE BUILDING TYPES
Townhouse Development
E B A C
Multi-Family Development
D A C
B
Minimum faade screening line
E B D A
Minimum faade screening line
A B C D
First residential floor (min. 8 above grade) Transparency and balconies oriented towards the street Direct building access from public sidewalk Articulated faade elements Varied roof forms and elevations
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13.4
GENERAL STANDARDS OF APPLICABILITY All Suburban Neighborhood Districts are subject to the following standards: A. Accessory Structures and Uses See Section 21.6 (Accessory Structures and Uses) for standards covering accessory structures and uses. B. Temporary Uses See Section 21.8 (Temporary Uses) for standards governing temporary uses. C. Site Development Standards See Article 21 (On-Site Development Standards) for additional site development standards such as exterior lighting, environmental performance standards and permitted encroachments. D. Off-Street Parking and Loading See Article 22 (Off-Street Parking and Loading) for standards governing off-street parking and loading. E. Landscaping, Stormwater Management and Screening See Article 23 (Landscaping, Stormwater Management and Screening) for standards governing landscaping, stormwater management and screening. F. Signs See Article 24 (Signs) for standards governing signs. G. Overlay Districts See Article 18 (Overlay Districts) for additional overlay district regulations, when applicable. H. Nonconformities See Article 25 (Nonconformities) for regulations governing nonconformities.
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ARTICLE 14. SUBURBAN NEIGHBORHOODS NON-RESIDENTIAL DISTRICTS

PURPOSE OF THE SUBURBAN NEIGHBORHOODS Suburban Neighborhoods developed primarily in the latter th half of the 20 Century. These areas are characterized by lower density development, including neighborhoods of single-family development on lots of various sizes and more spacious setbacks between homes than found in older areas of the City with a generally uniform front setback within each square. Commercial areas within the Suburban Neighborhoods tend to be physically separated from residential areas and have few, if any, ground floor residential uses. These areas are generally located along arterial streets and typically provide accommodation for the automobile, reflecting a more suburban style of development. The non-residential districts of Suburban Neighborhoods contain regulations that create and maintain environments that lower intensity commercial development. Nonresidential districts reflect a pattern of commercial development oriented toward a concentration of commercial uses in business district environments, rather than commercial uses interspersed throughout residential areas. CHARACTER OF THE SUBURBAN NEIGHBORHOODS The character of the non-residential districts of the Suburban Neighborhoods is defined by: Commercial development located predominantly along major thoroughfares that generally provide on-site parking Business districts where various commercial uses, including retail, services, office and entertainment, are concentrated Destination commercial uses that serve both nearby residents as well as a larger area from outside the immediate neighborhood
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ARTICLE 14. SUBURBAN NEIGHBORHOODS NON-RESIDENTIAL DISTRICTS

14.1 14.2 14.3 14.4 14.1 PURPOSE STATEMENTS USES SITE DESIGN STANDARDS GENERAL STANDARDS OF APPLICABILITY PURPOSE STATEMENTS A. Purpose of the S-B1 Suburban Business District The S-B1 Neighborhood Business District is intended to provide primarily for retail shopping and personal service uses to that primarily serve nearby residential neighborhoods. The general character of this type of development should be sensitive to and compatible with more suburban residential surroundings. B. Purpose of the S-B2 Pedestrian-Oriented Corridor Business District The S-B2 Pedestrian-Oriented Corridor Business District is intended for clusters of pedestrian-oriented business uses generally located along corridors. The district regulations are designed to encourage compatibility with adjacent or nearby suburban residential uses and maintain the pedestrian-oriented character of the area. C. Purpose of the S-LB1 Lake Area Neighborhood Business District The S-LB1 Lake Area Neighborhood Business District is intended to provide for small offices, retail shopping and personal services uses, to be developed either as a unit or in individual parcels, to serve the needs of a relatively small area, primarily nearby, low-density residential neighborhoods. D. Purpose of the S-LB2 Lake Area Neighborhood Business District The S-LB2 Lake Area Neighborhood Business District is intended to provide for larger retail shopping venues and personal services uses, to be developed either as a unit or in individual parcels, to serve the needs of a relatively small area, primarily nearby, low to medium density residential neighborhoods. E. Purpose of the S-LC Lake Area General Commercial District The S-LC Lake Area General Commercial District is intended to provide sufficient space in appropriate locations for a wide variety of commercial and miscellaneous service activities, generally serving a wide area and located particularly along certain existing major thoroughfares where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. The district is intended for application in intensely developed areas. Tall buildings are permitted, no front yards are required and signs are less restrictive than those in other business districts.
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Article 14 Suburban Neighborhoods: Non-Residential Districts
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F. Purpose of the S-LP Lake Area Neighborhood Park District The S-LP Lake Area Neighborhood Park District is intended to provide for small neighborhood-scale passive open space and recreational areas intended to compliment existing residential neighborhoods or transportation corridors. Such land may include small parks and recreation space, open space, greenways, floodways, trails and lands where physical, aesthetic or cultural characteristics. It is intended that these areas provide opportunities for passive outdoor recreation, preserve scenic views and protect fragile environmental areas. G. Purpose of the S-LM Lake Area Marina District The S-LM Lake Area Marina District is intended to accommodate the variety of commercial, open space, and water-related and outdoor recreational uses within the West End. 14.2 USES Only those uses of land listed under Table 14-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Suburban Neighborhood Districts. A P indicates that a use is permitted within that zoning district. A C indicates that a use is a conditional use in that zoning district and must obtain a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.
TABLE 14-1: PERMITTED AND CONDITIONAL USES USE1 RESIDENTIAL USE Bed and Breakfast Family Home Bed and Breakfast Guest Home Bed and Breakfast Inn Bed and Breakfast Historic Home Day Care Home, Adult or Child Small Day Care Home, Adult or Child Large Dwelling, Above the Ground Floor Dwelling, Single-Family Dwelling, Two-Family Dwelling, Multi-Family Group Home, Small Group Home, Large Group Home, Congregate Residential Care Facility For Elderly Timeshare/Transient Vacation Rentals INSTITUTIONAL USE Community Center Convent and Monastery Cultural Facility Educational Facility, Primary Educational Facility, Secondary Educational Facility, University Educational Facility, Vocational Government Offices Hospital Places of Worship Public Works and Safety Facility City of New Orleans Comprehensive Zoning Ordinance S-B1 S-B2 DISTRICTS S-LB1 P P P P P C P P P P S-LB2 P P P P P C P P P C P C P S-LC P P P P P C P P P P P P C P P C P C C C C C P C P C USE STANDARDS Section 20.3.G Section 20.3.G Section 20.3.G Section 20.3.G Section 20.3.P Section 20.3.P
Section 20.3.BB Section 20.3.BB Section 20.3.BB Section 20.3.QQ
C P C
C P C
C P C C C
C P P C
C P P C
P P C
C P C C C C C P P C
Section 20.3.L Section 20.3.L Section 20.3.R Section 20.3.R Section 20.3.R Section 20.3.R
Section 20.3.L Article 14 Suburban Neighborhoods: Non-Residential Districts
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TABLE 14-1: PERMITTED AND CONDITIONAL USES USE1 COMMERCIAL USE Animal Hospital Art Gallery Arts Studio Bar Day Care Center, Adult or Child Small Day Care Center, Adult or Child Large Day Care Center, Adult or Child Commercial Drive-Through Facility Financial Institution Funeral Home Gas Station Green Market Health Club Heavy Sales, Rental & Service Hotel/Motel Indoor Amusement Facility Kennel Live Entertainment Secondary Use Medical/Dental Clinic Motor Vehicle Service & Repair, Minor Office Personal Service Establishment Pet Day Care Center Reception Facility Restaurant, Standard Restaurant, Specialty Restaurant, Fast Food Restaurant, Carry-Out Retail Goods Establishment Retail Sales of Alcoholic Beverages OPEN SPACE USE Community Garden Parks and Playgrounds Private Residential Recreation Facility (Indoor or Outdoor) OTHER Parking Lot (Principal Use) Parking Structure (Principal Use) Planned Development Pumping Station Utilities Wireless Communications Antenna Wireless Communications Facility Wireless Communications Tower S-B1 P P P P C C C P C P S-B2 P P P C P C C C P P C P P DISTRICTS S-LB1 P P P C P C C C P C P S-LB2 P P P C P C C C P P C P P P S-LC P P P C P C C C P P C P P P C P C C P C P P P P P P 4 C P P C USE STANDARDS
Section 20.3.F Section 20.3.O Section 20.3.O Section 20.3.O Section 20.3.Q
Section 20.3.Z Section 20.3.AA
P C P C P P P C P P C P P C P P
P C C P C P P P C P P C P P C P P
Section 20.3.D Section 20.3.EE
C P C P P P C,P P 4 C P P C P P P C C P C 2 C,P C C
3
C P C P P P P P P 4 C P P C P P P C C P C 2 C,P C C
Section 20.3.II
Section 20.3.EE Section 20.3.OO Section 20.3.RR Section 20.3.RR Section 20.3.RR Section 20.3.RR
Section 20.3.M P P C P C P C 2 C,P C C Section 20.3.MM Section 20.3.KK Section 20.3.KK Article 5 Section 20.3.NN Section 20.3.YY Section 20.3.AAA Section 20.3.AAA Section 20.3.AAA
C C C P C 2 C,P C C
C C C P C 2 C,P C C
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1
DISTRICTS S-LP S-LM P P P C C P P P P P P C P P C C C P C 2 C,P C C
USE STANDARDS
RESIDENTIAL USE Dwelling, Above the Ground Floor Dwelling, Townhouse Dwelling, Multi-Family COMMERCIAL USE Bar Hotel/Motel Indoor Amusement Facility Outdoor Amusement Facility Personal Service Establishment Restaurant, Standard Restaurant, Specialty Retail Goods Establishment Retail Sales of Alcoholic Beverages OPEN SPACE USE Marina, Recreational Parks and Playgrounds OTHER Parking Lot (Principal Use) Parking Structure (Principal Use) Planned Development Pumping Station Utilities Wireless Communications Antenna Wireless Communications Facility Wireless Communications Tower
Section 20.3.F Section 20.3.D Section 20.3.D Section 20.3.RR Section 20.3.RR
P C C P C 2 C,P C C
Section 20.3.KK Section 20.3.KK Article 5 Section 20.3.NN Section 20.3.YY Section 20.3.AAA Section 20.3.AAA Section 20.3.AAA
TABLE 13-1 FOOTNOTES 1 The terms in this column (Use) are defined in Article 26. 2 Only wireless telecommunications antennas that comply with the stealth design standards of Section 20.3.AAA are considered permitted uses. 3 Only standard restaurants that do not sell alcohol are permitted uses in the S-LB1 District. Standard restaurants that sell alcohol are conditional uses in the S-LB1 District. 4 Drive-through facilities are prohibited for fast food restaurants in the S-LB1, S-LB2 and S-LC Districts.
14.3
SITE DESIGN STANDARDS A. Bulk and Yard Regulations Table 14-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Suburban Neighborhood Districts. (Highlighted letters in Table 14-2 indicate where those bulk and yard regulations are illustrated on the accompanying site diagram.)
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TABLE 14-2: BULK & YARD REGULATIONS BULK & YARD REGULATIONS BULK REGULATIONS DISTRICTS S-B1 S-B2 S-LB1 S-LB2 S-LC SF: 3,125sf/du 2F: 1,750sf/du SF: 3,125sf/du 2F: 1,750sf/du MF 3 Unit: 1,500sf/du MINIMUM LOT AREA 10,000sf 10,000sf MF 4 Unit: 1,200sf/du MF 5+ Unit: 1,000sf/du Townhouse: 2,000sf/du Non-Residential: 20,000sf SF: 3,125sf/du 2F: 1,750sf/du MF 3 Unit: 1,500sf/du MF 4 Unit: 1,200sf/du MF 5+ Unit: 1,000sf/du Townhouse: 2,000sf/du Non-Residential: 20,000sf MF 3 Unit: 1,200sf/du MF 4 Unit: 1,000sf/du MF - 5-11 Unit: 1,000(800)sf/du MF - 12-40 Unit: 1,000(600)sf/du MF - 41+ Unit: 1,000(400)sf/du Townhouse: 2,000sf/du Non-Residential: 20,000sf Educational Facility: 2 ac SF & 2F: 30 MF 3-4 Unit: 40 SF & 2F: 30 MF 3 Unit: 40 A MINIMUM LOT WIDTH 50 50 MF 4+ Unit: 50 Townhouse: 18 Non-Residential: 100 SF & 2F: 30 MF 3 Unit: 40 MF 4+ Unit: 50 Townhouse: 18 Non-Residential: 100 MF - 5-11 Unit: 50 MF - 12-16 Unit: 60 MF - 17-40 Unit: 75 MF - 41+ Unit: 100 Townhouse: 18 Non-Residential: 100 Educational Facility: 30 Residential: 90 Non-Residential: 100 SF, 2F, MF 3-4 Unit, Townhouse & NonResidential: 40 MF 5+ Unit: 55 Residential: 90 Non-Residential: 100 SF, 2F, MF 3-4 Unit & Townhouse: 40 MF 5+ Unit & NonResidential: 55 SF, 2F, MF - 3-11 Unit Townhouse & NonResidential: 90 MF 12+ Unit & Educational Facility: 100 MF, Educational Facility & Non-Residential: 90 SF, 2F & Townhouse: 40 SF, 2F, MF 3-40 Unit & Non-Residential: .20 .30 .30 .30 .30 MF - 41+ Unit & Educational Facility: .10 Townhouse: .30 60% Residential: 20 Non-Residential: None, to a maximum of 12 SF, 2F & MF 3-4 Unit: 3 Residential: 20 Non-Residential: None, to a maximum of 12 SF, 2F & MF 3-4 Unit: 3 Townhouse & MF 5+ 20 SF, 2F & MF 3-4 Unit: 3 MF 5-16 Unit & Article 14 Suburban Neighborhoods: Non-Residential Districts
MINIMUM LOT DEPTH
100
100
MAXIMUM BUILDING HEIGHT MINIMUM OPEN SPACE RATIO
40
40
MAXIMUM LOT COVERAGE MINIMUM YARD REQUIREMENTS D E FRONT YARD INTERIOR SIDE YARD None, to a maximum of 12 None None, to a maximum of 12 None
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TABLE 14-2: BULK & YARD REGULATIONS BULK & YARD REGULATIONS S-B1 S-B2 DISTRICTS S-LB1 S-LB2 Unit: 5 Townhouse & MF 5+ Unit: 5 Non-Residential: None, Non-Residential: None, unless abutting a residential district then 5 F CORNER SIDE YARD None, to a maximum of 12 None, to a maximum of 12 Residential: 10 Non-Residential: None, to a maximum of 12 unless abutting a residential district then 5 Residential: 10 Non-Residential: None, to a maximum of 12 10 SF, 2F, MF - 3-16 & Townhouse: 20% to a maximum required aggregate of 12 MF - 17-40 Unit: 20% to a maximum required aggregate of 15 MF 41+ Unit: 20% to a maximum required aggregate of 12 Non-Residential: 20% to a maximum required aggregate of 20 Educational Institutions: 30% to a maximum required aggregate of 40 SF, 2F, MF 3-11 Unit: 15 G MINIMUM REAR YARD 3 3 Residential: 20 Non-Residential: 3 Residential: 20 Non-Residential: 3 MF 12+ Unit, Townhouse, Educational Institution & Non-Residential: 20 S-LC Townhouse: 5 MF 17+ Unit: 6 Educational Facility: 20 Non-Residential: 10
MINIMUM REQUIRED AGGREGATE OF SIDE YARDS (PERCENT OF LOT WIDTH)
SF, 2F & MF 5+ Unit: 20% to a maximum required aggregate of 12 Townhouse: 20% to a maximum required aggregate of 15 Non-Residential: 20% to a maximum required aggregate of 20
SF, 2F & MF 5+ Unit: 20% to a maximum required aggregate of 12 Townhouse: 20% to a maximum required aggregate of 15 Non-Residential: 20% to a maximum required aggregate of 20
TABLE 14-2: BULK & YARD REGULATIONS DISTRICTS BULK & YARD REGULATIONS S-LP S-LM BULK REGULATIONS MINIMUM LOT AREA None 5,000sf MINIMUM LOT WIDTH None None MAXIMUM BUILDING HEIGHT 35 40 MINIMUM YARD REQUIREMENTS FRONT YARD 15 10 INTERIOR SIDE YARD 15 10% of lot width, but a minimum of 5 CORNER SIDE YARD 15 10 REAR YARD 20 20
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Suburban Neighborhoods - Commercial

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B. Building Design Standards 1. Design Standards for Non-Residential Uses The following building design standards apply to non-residential uses in the Suburban Neighborhood Districts. a. A strong visual connection must be made between the building's design and the existing character of the area. The overall building design, including its height and bulk, should be compatible with the surrounding neighborhood and provide a pedestrian environment through the use of visually active ground level treatments. The design and site development must adhere to the character and scale of the surroundings. b. Where appropriate, buildings must provide climate protection to their users by incorporation of overhangs, arcades, balconies and galleries. Exterior facades must respect and reflect a pedestrian scale. c. Architectural details, material, colors, textures and landscape treatments must be coordinated to provide visual continuity, quality and consistency. d. Single plane facades are limited to thirty (30) foot lengths with offsets a minimum of six (6) inches in depth. e. The first floor of commercial buildings must be designed with a minimum ceiling height of twelve (12) feet. f. The ground floor of a commercial faade must maintain a transparency of fifty percent (50%) and windows must be constructed of clear and non-tinted glass
g. The primary entrance for each business must be oriented to the street. If residential dwellings are located above the ground floor, separate street level access is required for residential access. h. Flat roofs must be enclosed by parapet walls a minimum of twelve (12) inches in height. i. j. The provision of operable shutters is required. Fixed shutters are prohibited. The following restrictions apply to building materials: i. The following materials are permitted for use on exterior elevations visible from the public right-of-way: (A) Brick (B) Natural or cast stone (C) Stucco (D) Wood (E) Architectural pre-cast concrete (F) Green building materials; however, these materials must be approved by the Executive Director of the City Planning Commission
City of New Orleans Comprehensive Zoning Ordinance 14 - 8 DRAFT CZO - 2011 Article 14 Suburban Neighborhoods: Non-Residential Districts
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(G) Additional building materials not listed as permitted materials may be used subject to the approval of the Executive Director of the City Planning Commission and so long as the materials are not listed as a prohibited material in Paragraph ii below. ii. The following materials are prohibited as the predominant surface finish material on exterior elevations visible from the public right-of-way. However, such materials may be used as part of decorative or detail elements, or as part of the exterior construction that is not used as a predominant surface finish material. (A) Concrete masonry units (CMU) (B) King-size or jumbo brick (C) Aluminum siding or panel systems, or metal panels (D) Exposed aggregate (rough finish) concrete wall panels (E) Exterior insulating finish systems (EIFS, Dryvit) (F) Plastic (G) T-111 Composite plywood siding (H) Vinyl k. In addition to the above design standards, multi-tenant shopping centers are subject to the following: i. The primary facade of the structure must be oriented toward the street with entrances facing or clearly visible from the primary street. Main entrances must be well defined.
ii. The site must be designed so that there is safe pedestrian access to the shopping center from the street and from the parking area. Within the development, safe pedestrian circulation is required. iii. A cohesive shopping center character is required through the use of coordinated hardscape treatment, such as special paving materials, lighting and street furniture, coordinated signs and landscaping. iv. When a shopping center is situated behind a large parking lot, a street presence for the shopping center must be created by locating part of the shopping center or an outlot building at the primary street corner or the shopping center entrance for at least twenty-five percent (25%) of the street frontage. Outlot buildings must define the street frontage by placement near the street with showcase windows and entrances oriented toward the street, as well as to the interior parking lot. v. The roofline at the top of the structure must not run in a continuous plane for more than seventy-five (75) feet without offset of the roof plane. Rooflines must be broken up by providing articulations in the facade of structures, change in the height of portions of roofs, or change in color, material, forms, etc.
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vi. Structures must use decorative roof elements, such as projecting cornices, to enhance roof edges and define public entrances, main pedestrian routes or activity areas. 2. Design Standards for Residential Uses See Article 13 for building design standards for townhouse and multi-family dwellings in the Suburban Neighborhood Non-Residential Districts. 3. Design Standards for Marinas in S-LM District Non-residential uses within in a marina in the S-LM District must comply with the nonresidential design standards of Paragraph 1 above. In addition, the following standards apply to a marina: a. Non-residential uses must be oriented to the street and waterfront. Outdoor dining and public outdoor seating areas are encouraged along any faade that abuts the waterfront. b. A pedestrian walkway of at least ten (10) feet in width must be provided along the water edge of the marina facility. Such walkway may be integrated with any structure, use or open space activity abutting the waterfront. c. A marina must provide access roads for public safety vehicles and equipment subject to the approval of the City of New Orleans Police and Fire Departments 14.4 GENERAL STANDARDS OF APPLICABILITY All Suburban Neighborhood Districts are subject to the following standards: A. Accessory Structures and Uses See Section 21.6 (Accessory Structures and Uses) for standards covering accessory structures and uses. B. Temporary Uses See Section 21.8 (Temporary Uses) for standards governing temporary uses. C. Site Development Standards See Article 21 (On-Site Development Standards) for additional site development standards such as exterior lighting, environmental performance standards and permitted encroachments. D. Off-Street Parking and Loading See Article 22 (Off-Street Parking and Loading) for standards governing off-street parking and loading. E. Landscaping, Stormwater Management and Screening See Article 23 (Landscaping, Stormwater Management and Screening) for standards governing landscaping, stormwater management and screening.
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F. Signs See Article 24 (Signs) for standards governing signs. G. Overlay Districts See Article 18 (Overlay Districts) for additional overlay district regulations, when applicable. H. Nonconformities See Article 25 (Nonconformities) for regulations governing nonconformities.
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ARTICLE 15. DESTINATION DISTRICTS

PURPOSE OF THE DESTINATION DISTRICTS Destination Districts represent the major destination areas within the city. They contain districts that address areas of commercial concentration and institutional campuses, and range from areas that are more pedestrian in orientation to those designed to accommodate significant parking demand. The types of commercial uses permitted within the Destination Districts are based on a number of factors, including their proximity to residential areas, their location along major streets and the intensity of uses allowed within the districts. In addition to commercial districts that allow a variety of retail, personal service, office and restaurant uses, specialized districts for large-scale users are also destination centers, such as hospital and university campuses. Finally, in certain districts a mixed-use environment is permitted where higher density residential uses and vertical mixed-use is encouraged. Destination Districts contain regulations that create and maintain intensive mixed employment, shopping and entertainment destination environments. Controls within the districts address proper scales of development based on the desired intensity of the district, including regulations on parking, landscaping and screening. CHARACTER OF THE DESTINATION DISTRICTS The character of the Destination Districts is defined by: Concentrations of retail, service, office and entertainment uses both along major thoroughfares and at commercial nodes A variety of commercial district types from pedestrian-oriented commercial corridors to larger shopping centers Large-scale campuses, such as hospitals and universities, that contain a variety of uses and activities on site Mixed-use development, including residences above ground floor commercial and higher density dwelling types
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ARTICLE 15. DESTINATION DISTRICTS

15.1 15.2 15.3 15.4 15.5 15.6 15.1 PURPOSE STATEMENTS USES SITE DESIGN STANDARDS DESTINATION DISTRICTS ILLUSTRATIVE AND SITE DIAGRAMS GENERAL DEVELOPMENT PLAN FOR EC AND MC DISTRICTS GENERAL STANDARDS OF APPLICABILITY PURPOSE STATEMENTS A. Purpose of the C1 General Commercial District The C1 General Commercial District is intended to provide appropriate locations for a variety of commercial activities, generally serving a wide area and located particularly along commercial corridors where a mix of commercial, service and residential activities. Areas of the C1 District are oriented toward pedestrians but also accommodate larger commercial uses generally accessed by automobiles. B. Purpose of the C2 Auto-Oriented Commercial District The C2 Auto-Oriented Commercial District is intended for a wide variety of commercial activities, generally serving a wide area and located along major arterials. The C2 District is intended for large-scale, auto-oriented commercial uses and strip commercial developments, which require significant parking. C. Purpose of the C3 Heavy Commercial District The C3 Heavy Commercial District is intended to provide for auto-oriented heavy commercial uses and large-scale shopping centers. Standards for the C3 District are designed to maintain and enhance the appearance of these areas, and to provide adequate buffering between any residential and lower-intensity commercial properties adjacent to the district. D. Purpose of the MU-1 Medium Intensity Mixed-Use District The MU-1 Medium Intensity Mixed-Use District is intended to encourage walkable neighborhood centers and corridors, with a mix of residential and commercial uses. Buildings may contain vertical mixed-use as well as single purpose uses designed to provide transitions to adjacent lower density residential areas. E. Purpose of the MU-2 High Intensity Mixed-Use District The MU-2 High Intensity Mixed-Use District is intended encourage walkable neighborhood centers and corridors conducive to transit, with a mix of residential and supportive commercial and office uses. Buildings may contain vertical mixed-use as well as single purpose uses designed to be located both at neighborhood centers and along major arterial corridors. F. Purpose of the EC Educational Campus District The EC Educational Campus District is intended for large university campus developments to facilitate an orderly and efficient regulation process for these types of uses. The district establishes a process that is flexible enough to accommodate evolving changes and expansions in campus plans, and create the proper transitions between campus activities
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Article 15 Destination Districts
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and adjacent neighborhoods. Within the district, development will proceed in accordance with an approved General Development Plan that relates to the adjacent district, community and needs of the universities. G. Purpose of the MC Medical Campus District The MC Medical Campus District is intended for medical campuses and the accompanying medical-related support services, including offices, research facilities and commercial uses, to facilitate an orderly and efficient regulation process for these types of uses. The district establishes a process that is flexible enough to accommodate evolving changes and expansion in medical campus plans, and create the proper transitions between hospital activities and adjacent neighborhoods. Within the district, development will proceed in accordance with an approved General Development Plan that relates to the adjacent district, community and needs of the hospital. H. Purpose of the MS Medical Service District The MS Medical Service District is intended for local hospitals and medical service facilities of lower intensity than large medical campuses. The MS District is intended for hospitals, and hospital-related and support services that are generally integrated within and connected to adjacent areas of commercial and residential development. 15.2 USES Only those uses of land listed under Table 15-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Destination Districts. A P indicates that a use is permitted within that zoning district. A C indicates that a use is a conditional use in that zoning district and must obtain a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space), or the absence of the use from the table, indicates that use is not permitted within that zoning district.
USES
1
TABLE 15-1: PERMITTED AND CONDITIONAL USES DISTRICTS C1 C2 C3 MU-1 MU-2 EC P P P P P P C C C P P P P P P P C P C P P P P P P P P P P P P P P P P P P P P P P P P P P C P
USE STANDARDS MC MS Section 20.3.G Section 20.3.G Section 20.3.G Section 20.3.G Section 20.3.P Section 20.3.P P P
RESIDENTIAL USE Bed and Breakfast Inn Bed and Breakfast Family Home Bed and Breakfast Guest Home Bed and Breakfast Historic Home Day Care Home, Adult or Child Small Day Care Home, Adult or Child - Large Dormitory Dwelling, Above the Ground Floor Dwelling, Single-Family Dwelling, Two-Family Dwelling, Townhouse Dwelling, Multi-Family Fraternity/Sorority Group Home, Small Group Home, Large Group Home, Congregate Residential Care Facility for Elderly Timeshare/Transient Vacation Rentals COMMERCIAL USE Art Gallery Arts Studio Animal Hospital
P P
P P P P P Section 20.3.X Section 20.3.BB Section 20.3.BB Section 20.3.BB Section 20.3.QQ
P P P
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TABLE 15-1: PERMITTED AND CONDITIONAL USES DISTRICTS C1 C2 C3 MU-1 MU-2 EC Auditorium P Bar C P P C P Broadcast Studio P P P P Bus Terminal C C C C C Car Wash C C P C C Check Cashing Establishment P P P P P Convention Center C Day Care Center, Adult or Child - Small P P P P P P Day Care Center, Adult or Child - Large P P P P P P Day Care Center, Adult or Child P P P P P P Commercial Drive-Through Facility C C C C Employment Services C C Financial Institution P P P P P P Flea Market C C C Funeral Home P P P P P Greenhouse/Nursery P P Green Market P P P P P Gas Station C P P C C Health Club P P P P P P Heavy Sales, Rental & Service P C Hotel/Motel P P P P P P Indoor Amusement Facility P P P P P P Kennel C C P C C Live Entertainment Secondary Use C C P C P Live Performance Venue C C P C P Medical/Dental Clinic P P P P P P Recreational Vehicle Park P Motor Vehicle Dealership C P C Motor Vehicle Operations Facility P C C P Motor Vehicle Rental Establishment C P C Motor Vehicle Service & Repair, Minor C P P P P Motor Vehicle Service & Repair, Major C P C Movie Studio P P Office P P P P P P Outdoor Amusement Facility C P C P P Pawn Shop P Personal Service Establishment P P P P P P Pet Day Care Center P P P P P Printing Establishment P P Reception Facility C P P P P Restaurant, Carry-Out P P P P P Restaurant, Fast Food P P P P P Restaurant, Standard P P P P P P Restaurant, Specialty P P P P P P Retail Goods Establishment P P P P P P Retail Sales of Alcoholic Beverages C C P C C Social Club or Lodge P P P P P Tattoo Parlor P P P P P Winery C INSTITUTIONAL USE Abuse Addiction Treatment Facility C Community Center P P P P P P Convent and Monastery P P P P P Cultural Facility P P P P P P Educational Facility, Primary P P P P P P USES
1
USE STANDARDS MC P MS P Section 20.3.F
P P P
P P P
Section 20.3.H Section 20.3.K Section 20.3.K Section 20.3.O Section 20.3.O Section 20.3.O Section 20.3.Q Section 20.3.T
P Section 20.3.W
Section 20.3.AA Section 20.3.Z P P Section 20.3.D Section 20.3.EE Section 20.3.FF Section 20.3.FF P P Section 20.3.HH P P Section 20.3.HH Section 20.3.II Section 20.3.II P P Section 20.3.K P P Section 20.3.EE Section 20.3.OO Section 20.3.RR Section 20.3.RR Section 20.3.RR Section 20.3.RR
P P P
P P P
Section 20.3.TT
P P P
Section 20.3.A Section 20.3.L Section 20.3.L Section 20.3.R
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TABLE 15-1: PERMITTED AND CONDITIONAL USES DISTRICTS C1 C2 C3 MU-1 MU-2 EC P P P P P P C C C P P P C P P P P P C C P P P P P P C P C C P C P C C P C P C C P C P P
USES
USE STANDARDS MC P P P P P P P MS Section 20.3.R Section 20.3.R Section 20.3.R Section 20.3.S Section 20.3.V Section 20.3.DD
Educational Facility, Secondary Educational Facility, University Educational Facility, Vocational Emergency Homeless Shelter Family Violence Shelter Government Offices Hospice Hospital Places of Worship Public Works and Safety Facility INDUSTRIAL USE Contractor Storage Yard Food Processing Helistop Heliport Manufacturing, Artisan Manufacturing, Light Mini-Warehouse Outdoor Storage Yard Research and Development Warehouse OPEN SPACE USE Community Garden Parks and Playgrounds Urban Agriculture OTHER Parking Lot (Principal Use) Parking Structure (Principal Use) Planned Development Pumping Station Utilities Wireless Communications Antenna Wireless Communications Facility Wireless Communications Tower
P C
P P P P P
Section 20.3.N C P P P P C Section 20.3.C Section 20.3.C
P C P C P P
P C P C P P P C C C P C 2 C,P C C
P P C Section 20.3.N P P P P P C C C P C 2 C,P C C P P P
P P P P P P P P P P
P P
Section 20.3.M P Section 20.3.XX
C C C P C 2 C,P C C
C C C P C 2 C,P C C
C C C P C 2 C,P C C
P P P P P P P
P P P C 2 C,P C C
Section 20.3.KK Section 20.3.KK Article 5 Section 20.3.NN Section 20.3.YY Section 20.3.AAA Section 20.3.AAA Section 20.3.AAA
15.3
SITE DESIGN STANDARDS A. Bulk and Yard Regulations Table 15-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Destination Districts.
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BULK & YARD REGULATIONS BULK REGULATIONS C2 1 acre or 1 City square, whichever is less SF: 3,000sf/du 2F: 1,700sf/du MF: 1,000sf/du 5,000sf Townhouse: 2,000sf/du Non-Residential: None Non-Residential: None Townhouse: 1,800sf/du 5,000sf Minimum district size controls MF: 800sf/du 2F: 1,700sf/du Minimum district size controls SF: 3,000sf/du 1 acre or 1 City square, whichever is less EC MC
C1
TABLE 15-2: BULK & YARD REGULATIONS DISTRICTS C3 MU-1 MU-2
MS
MINIMUM DISTRICT SIZE
MINIMUM LOT AREA
3.000sf
None
SF & 2F: 35 Townhouse: 40 & no more than 3 stories MF & NonResidential: 48 & no more than 4 stories
SF & 2F: 35 Townhouse: 40 & no more than 3 stories MF & NonResidential: 75 & no more than 6 stories
MAXIMUM BUILDING HEIGHT 40 & no more than 3 stories 48 & no more than 4 stories
40 & no more than 3 stories
See Section 15.5
See Section 15.5
When adjacent to residential district: Maximum height of adjacent residential district - may exceed this height by 20 ft when the structure is set back 3 from residential district line for each additional 5 in building height When adjacent to nonresidential district: 100
MINIMUM YARD REQUIREMENTS
DISTRICT PERIMETER SETBACK
When adjacent to a residential district: 20 When adjacent to a non-residential district: Equivalent to required front yard of adjacent district 15 - 5 DRAFT CZO - 2011
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BULK & YARD REGULATIONS C2 None to a maximum of 10 10 SF & 2F: 10% of lot width or 3, whichever is greater 5 MF & NonResidential: None, unless abutting a residential district then 5 None Residential: 20 25 25 Non-Residential: None, unless abutting a residential district then 20 Non-Residential: None, unless abutting a residential district then 20 Residential: 20 As approved in General Development Plan in Section 15.5 As approved in General Development Plan in Section 15.5 10 None As approved in General Development Plan in Section 15.5 MF & NonResidential: None, unless abutting a residential district then 5 10 Townhouse: 10 Townhouse: 10 As approved in General Development Plan in Section 15.5 As approved in General Development Plan in Section 15.5 SF & 2F: 10% of lot width or 3, whichever is greater None None 20 MS EC As approved in General Development Plan in Section 15.5 MC As approved in General Development Plan in Section 15.5
C1
TABLE 15-2: BULK & YARD REGULATIONS DISTRICTS C3 MU-1 MU-2
FRONT YARD
None to a maximum of 10
INTERIOR SIDE YARD
None, unless abutting a residential district then 5
10
D
10 10
CORNER SIDE YARD
None
As approved in General Development Plan in Section 15.5
10
REAR YARD
None, unless abutting a residential district then 20
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Destination Districts - Pedestrian-Oriented Commercial

Destination Districts - Auto-Oriented Commercial

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B. Building Design Standards 1. Faade Articulation a. Multi-story structures must be designed with a definable base, middle and top, with roofline, cornice and window designs used to divide larger structures. b. When visible from the public right-of-way (excluding alleys), faades must include architectural features to avoid the appearance of blank walls facing the street. These include, but are not limited to, changes in the wall plane of at least six (6) inches, changes in wall texture or masonry patterns, colonnade, columns or pilasters. c. Faades in excess of one-hundred (100) feet must include a repeating pattern with no less than two (2) of the following elements: color change, texture change, material module change, or a wall articulation change of at least six (6) inches such as an offset, reveal, pilaster or projecting rib. All elements must repeat at intervals of a maximum of thirty (30) feet. d. The first floor of non-residential and mixed-use structures must be designed with a minimum ceiling height of twelve (12) feet. 2. Fenestration a. Windows along the street must be set back into or projected out from the faade to provide depth and shadow. The ground floor of a commercial faade must maintain a transparency of sixty percent (60%) and windows must be clear and non-tinted glass. b. For commercial buildings with parking located to the rear of the structure, the ground floor of the rear faade must maintain a transparency of twenty percent (20%) and windows must be constructed of clear and non-tinted glass. 3. Rooflines a. Roofs must be designed as an integral part of the faade design. b. Roof lines must either be varied with a change in height or with the incorporation of a major focal point feature, such as a dormer, gable or projected wall feature, a maximum of every one-hundred (100) linear feet in length. c. Plain mansard roofs are prohibited. Decorative mansard roofs are permitted. (See Figure 15-1: Examples of Decorative Mansard Roofs)
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FIGURE 15-1: EXAMPLES OF DECORATIVE MANSARD ROOFS
d. Parapet walls must feature three-dimensional cornice treatments or other shadowcreating detail elements along their tops. e. Structures must use decorative roof elements, such as projecting cornices, to enhance roof edges and define public entrances, main pedestrian routes or activity areas. f. Green roof and white roof designs are encouraged.
4. Entrances a. The primary entrances must be oriented to the street or to the corner if the structure is on a corner lot. Public entrances must be articulated from the structure mass. If residential dwellings are located above the ground floor, separate street level access is required for residential access. b. Secondary access points are encouraged from rear parking lots. Faades that abut parking areas and contain a public entrance must include pedestrian walkways and landscape areas. 5. Building Materials a. The following materials are permitted for use on exterior elevations visible from the public right-of-way: i. Brick
ii. Natural or cast stone iii. Stucco iv. Wood v. Architectural pre-cast concrete
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vi. Green building materials; however, these materials must be approved by the Executive Director of the City Planning Commission vii. Additional building materials not listed as permitted materials may be used subject to the approval of the Executive Director of the City Planning Commission and so long as the materials are not listed as a prohibited material in Paragraph b below. b. The following building materials are prohibited on exterior elevations visible from the public right-of-way. However, such materials may be used as part of decorative or detail elements, or as part of the exterior construction that is not used as a surface finish material. i. Plain concrete block
ii. Utility brick iii. Aluminum, steel or other metal sidings iv. Metal wall panels; however metal is permitted as a spandrel material v. Exposed aggregate (rough finish) concrete wall panels vi. Exterior insulating finish systems (EIFS) vii. Plastic viii. Vinyl 6. Shopping Center Design In addition to the above design standards, multi-tenant shopping centers are subject to the following: a. Siting i. Shopping centers must be sited with the main structure located at the front lot line or setback from the front lot line to provide front yard landscaping with no parking located in front of the structure, unless otherwise approved in site plan review. When a shopping center is located behind a parking lot, a street presence for the shopping center must be created by locating part of the center or an outlot building near the lot line at the primary street corner or the shopping center entrance. When the centers frontage on the primary street exceeds twohundred fifty (250) feet in width, outlot buildings must hold at least fifty percent (50%) of the front lot line. (See Figure 15-2: Building Siting)
ii. Shopping centers with frontage on the primary street that exceeds two-hundred fifty (250) feet in width and a lot depth of three-hundred (300) feet or more are encouraged to construct an access road with parallel parking along that primary street. If an access road is constructed, retail storefronts must be oriented to this access road. iii. The primary facade of the structure must be oriented toward the street with entrances facing or clearly visible from the primary street. Main entrances to the structure must be well defined.
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iv. The site must be designed so that there is safe pedestrian access to the center and safe pedestrian circulation within the development. v. A cohesive shopping center character is required through the use of coordinated hardscape treatment (special paving materials, lighting, street furniture), coordinated signs and landscaping. Pedestrian areas must include shade trees and seating areas. vi. Outlot buildings must be designed with showcase windows and entrances oriented toward the street as well as the interior parking lot. vii. Loading areas for retail anchor stores of twelve thousand (12,000) square feet in gross floor area or more are required to be located in the rear. b. Faade Articulation and Design i. Facades visible from the public right-of-way (excluding alleys) must have design elements that break down their scale. Blank walls are only acceptable on rear or side elevations not visible from the public right-of-way, excluding alleys and rear service roads. Structural bays must be a maximum of thirty (30) feet in width.
ii. Outlot buildings must reflect the architectural style of structures located along the primary street. iii. Structures are encouraged to include continuous canopies or colonnaded arcades wide enough to protect pedestrians from the elements. FIGURE 15-2: BUILDING SITING
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7. Townhouse and Multi-Family Dwelling Design Standards See Article 11 for building design standards for townhouse and multi-family dwelling in the Destination Districts. However, the building material restrictions of Article 11 do not apply to multi-family dwellings over three (3) stories in height. The material restrictions of Paragraph 2 above apply to those developments. 15.4 DESTINATION DISTRICTS ILLUSTRATIVE AND SITE DIAGRAMS A. The siting and design requirements for buildings in the C1 District are illustrated in Figure 153: C1 District Illustrative and Site Diagram. B. The siting and design requirements for buildings in the C2 District are illustrated in Figure 154: C2 District Illustrative and Site Diagram. C. The siting and design requirements for buildings in the C3 District are illustrated in Figure 155: C3 District Illustrative and Site Diagram. D. The siting and design requirements for buildings in the MU-1 District is illustrated in Figure 15-6: MU-1 District Illustrative and Site Diagram. E. The siting and design requirements for buildings in the MU-2 District is illustrated in Figure 15-7: MU-2 District Illustrative and Site Diagram.
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FIGURE 15-3: C1 DISTRICT ILLUSTRATIVE AND SITE DIAGRAM C1 DISTRICT OPTION 1
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FIGURE 15-6: MU-1 DISTRICT ILLUSTRATIVE AND SITE DIAGRAM MU-1 DISTRICT OPTION 1
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FIGURE 15-6: MU-1 DISTRICT ILLUSTRATIVE AND SITE DIAGRAM MU-1 DISTRICT OPTION 2
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FIGURE 15-7: MU-2 DISTRICT ILLUSTRATIVE AND SITE DIAGRAM
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15.5
GENERAL DEVELOPMENT PLAN FOR EC AND MC DISTRICTS When a map amendment application is made for an EC or MC District, a General Development Plan must be submitted and approved within one-hundred eighty (180) days of the date the City Council adopts the final ordinance ratifying their decision. A. General Development Plan Submittal A General Development Plan must address the general layout of the entire area, including a site plan for proposed structures and open space, traffic pattern plan, parking plan, and access points, and must include the following: 1. Plans for development of the entire district including the boundaries of the proposed district and the ownership of the land therein. 2. The location, square footage and building heights of all existing and proposed structures and uses intended. 3. Landscaping plan, including all open space and yards. 4. Master sign plan, including on-site identification and directional signs, and proposed offsite directional sign plan 5. Internal traffic circulation plans, including traffic ingress and egress locations, pedestrian circulation, bicycle circulation and public transit access. 6. The location and capacity of all off-street parking and loading spaces.
7. Estimates of traffic load impact on surrounding public street system. 8. A written statement describing how the development complies with the standards of Paragraph C below. B. Procedure The procedure for establishing and developing within an EC or MC District is as follows. (See Figure 15-8: Procedure for Establishment of EC or MC District) 1. An EC or MC District is established by a map amendment, in accord with Section 4.2 (Zoning Amendments). 2. A General Development Plan must be submitted within one-hundred eighty (180) days of the date the City Council adopts the final ordinance ratifying their decision. The General Development Plan will be sent to the City Planning Commission for recommendation and to the City Council for approval. a. The City Planning Commission must review the General Development Plan at a public hearing within fifty (50) days from the date the application is docketed. The City Planning Commission must recommend approval, modified approval or denial in sixty (60) days from the opening of the public hearing. b. The City Council must hold a public hearing, in accordance with Section 3.4 (Public Hearing), and take action by motion of approval, modified approval or denial in sixty (60) days from receipt of a City Planning Commission recommendation. The City Council may not take official action upon any application requiring a recommendation
City of New Orleans Comprehensive Zoning Ordinance 15 - 23 DRAFT CZO - 2011 Article 15 Destination Districts
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of the City Planning Commission until the report of the Commission has been received or, if the City Planning Commission has failed to act by a vote of the majority of the Commission members, once the application has been forwarded to the City Council without recommendation. c. If the City Council fails to take action by motion in sixty (60) days from receipt of the City Planning Commission recommendation, the application is denied. If the application is forwarded to the City Council without recommendation from the City Planning Commission and the City Council fails to take action by motion in sixty (60) days from the date it received the application, the application is denied. d. If the City Council takes action by motion of approval or modified approval, the City Council must forward the motion to the City Law Department for preparation of an ordinance. Once the ordinance is introduced by the City Council, the ordinance must layover a minimum of twenty-one (21) days before the Council may adopt. The City Council must adopt the final ordinance ratifying their decision within ninety (90) days of the date that it took action by motion. 3. No permits will be issued until a General Development Plan has been approved. Once a General Development Plan is approved, site plan review by the Executive Director of the City Planning Commission is required prior to issuance of a building permit. 4. A General Development Plan may be submitted and approved in phases. However, building permits may only be issued for that phase of the General Development Plan that has been approved. The first phase of a General Development Plan must be submitted within one-hundred eighty (180) days of the date the City Council adopts the final ordinance ratifying their decision on the map amendment application. 5. Any amendments to an approved General Development Plan or any approved phase of a General Development Plan must follow the procedures for amendments to approved planned unit developments in Section 5.8 (Changes to Approved Final Plans).
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FIGURE 15-8: PROCEDURE FOR ESTABLISHMENT OF EC OR MC DISTRICT
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C. Site Development Standards for Campuses A General Development Plan must be designed so that the location of entrances and exits, exterior lighting, outdoor recreation areas, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards and adverse impacts on adjoining properties. The following standards must be met: 1. For structures within a campus that are located along the public right-of-way, such structures must meet the building design requirements of Section 15.3.B above. 2. The location, arrangement, size, design and general site compatibility of buildings, and lighting, including: a. Compatibility with, and mitigation of, any potential impact upon, adjacent property. b. Site illumination designed and installed to minimize adverse impact on adjacent properties. 3. Use of screening to lessen the visual impact of the development on adjacent uses and enhance the appearance and image of the campus, and create a logical transition to adjoining lots and developments. 4. Circulation systems and off-street parking must: a. Provide adequate and safe access to the site for motor vehicles as well as alternate modes of transportation, including pedestrians and bicyclists. b. Minimizing potentially dangerous traffic movements. c. Separate pedestrian and auto circulation and provide for bicycle parking or storage insofar as practical. d. Clearly define pedestrian access from the parking area to the building(s). A clearly defined visible and identifiable network of pedestrian connections should be provided in and between parking lots, street sidewalks, open spaces and buildings. e. Clearly link to alternate modes of transportation such as public transit and bicycle paths. f. Provide connections from internal street networks to the larger street network outside the campus.
5. Impacts on adjacent districts must be minimized by the following site development restrictions (See Figure 15-9: Campus Development Standards): a. Outdoor recreation facilities must be located toward the center of the development. In no case may an outdoor recreation facility be located within one-hundred (100) feet of the boundary of a residential district, as determined by the residential districts currently mapped at the time the application for an EC or MS District is submitted. b. At the required setback line, building height is limited to that of the adjacent district. From the required setback line, building height may be increased by one (1) foot for each additional foot of setback up to a building height of one-hundred (100) feet. Outside of these height and setback limitations, buildings in over one-hundred (100) feet in height are permitted subject to approval of the General Development Plan.
City of New Orleans Comprehensive Zoning Ordinance 15 - 26 DRAFT CZO - 2011 Article 15 Destination Districts
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FIGURE 15-9: CAMPUS DEVELOPMENT STANDARDS
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15.6
GENERAL STANDARDS OF APPLICABILITY All Destination Districts are subject to the following standards: A. Accessory Structures and Uses See Section 21.6 (Accessory Structures and Uses) for standards covering accessory structures and uses. B. Temporary Uses See Section 21.8 (Temporary Uses) for standards governing temporary uses. C. Site Development Standards See Article 21 (On-Site Development Standards) for additional site development standards such as exterior lighting, environmental performance standards and permitted encroachments. D. Off-Street Parking and Loading See Article 22 (Off-Street Parking and Loading) for standards governing off-street parking and loading. E. Landscaping, Stormwater Management and Screening See Article 23 (Landscaping, Stormwater Management and Screening) for standards governing landscaping, stormwater management and screening. F. Signs See Article 24 (Signs) for standards governing signs. G. Overlay Districts See Article 18 (Overlay Districts) for additional overlay district regulations, when applicable. H. Nonconformities See Article 25 (Nonconformities) for regulations governing nonconformities.
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ARTICLE 16. CENTERS FOR INDUSTRY

PURPOSE OF THE CENTERS FOR INDUSTRY The Centers of Industry contain an intensive mix of primarily non-residential uses. In most cases, the dominant character of these areas is that they are land extensive uses, such as office or industrial parks, industrial uses, multi-use medical districts with research facilities and supportive uses, and large research parks, both in campus developments and along designated corridors. Also, protection from encroachment of incompatible uses into the Centers for Industry is key to preserve important city assets such as port-related uses and active industrial areas. The Districts of the Centers for Industry contain regulations to create and maintain areas of major intensive employment and business operation destination environments. The Centers for Industry can create significant impacts on surrounding uses, depending on the uses contained within, so proper site design, including auto storage and site circulation, as well as landscaping and buffering are key controls. CHARACTER OF THE CENTERS FOR INDUSTRY The character of the Centers for Industry is defined by: Concentrations of intensive employment and business operation destination environments, such as industrial development, research parks and large office campuses Large development sites to accommodate parking, screening and buffering Protections from encroachment of incompatible uses by restricting uses to those of industry and supporting commercial Preservation of land best suited for high intensity uses, such as heavy industrial and maritime industrial uses
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ARTICLE 16. CENTERS FOR INDUSTRY

16.1 16.2 16.3 16.4 16.1 PURPOSE STATEMENTS USES SITE DESIGN STANDARDS GENERAL STANDARDS OF APPLICABILITY PURPOSE STATEMENTS A. Purpose of the LI Light Industrial District The LI Light Industrial District is intended to provide for a wide variety of light manufacturing, fabricating, processing, wholesale distributing and warehousing uses appropriately located near or adjacent to major thoroughfares or railroads for access. Commercial uses and open storage of materials are permitted. Light industrial uses are typically low-intensity, nonnuisance light fabrication and assembly-type manufacturing, as well as office and research and development (R&D) facilities. B. Purpose of the HI Heavy Industrial District The HI Heavy Industrial District is intended to provide for industrial operations of all types with the appropriate design and development standards to assure protection of the public interest and surrounding property and persons. Heavy industrial uses are higher intensity manufacturing uses, and warehouse and storage uses. These manufacturing uses may produce moderate external effects such as smoke, noise, glare or vibration. C. Purpose of the MI Maritime Industrial District The MI Maritime Industrial District is intended to provide for water-related and maritime shipping-related industrial operations, in particular port operations. The MI District protects deepwater resources by limiting the types of industrial users allowed within the district. D. Purpose of the BIP Business-Industrial Park District The BIP Business-Industrial Park District is intended to provide appropriate locations for certain types of business and light industrial facilities, in well-designed and landscaped campus environments, to make available more attractive locations for these uses, and to provide employment opportunities near residential areas. Supporting commercial uses are permitted, primarily for service to employees in the district. Typical development in the district would be that which is commonly known as an office and industrial park. E. Purpose of the LS Life Science Mixed-Use District The LS Life Science Mixed-Use District is intended to provide a district that is focused on life sciences research, including research, development, medical and limited manufacturing activity. In addition to life science research and development uses, the area is also intended to be more mixed-use in nature, with higher density residential and supportive commercial uses are allowed to serve those that live and work within the district.
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Article 16 Centers for Industry
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16.2
USES Only those uses of land listed under Table 16-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Centers for Industry. A P indicates that a use is permitted within that zoning district. A C indicates that a use is a conditional use in that zoning district and must obtain a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.
TABLE 16-1: PERMITTED AND CONDITIONAL USES DISTRICTS LI HI MI BIP P P P P P P P P C P P 3 P 3 P C P 3 P P P P P P P P P
3
USE
LS
USE STANDARDS
RESIDENTIAL USE Dwelling, Caretaker Dwelling, Above the Ground Floor Dwelling, Multi-Family Dormitory Residential Care Facility for Elderly COMMERCIAL USE Adult Use Auditorium Bar Check Cashing Establishment Day Care Center, Adult or Child - Small Day Care Center, Adult or Child Large Day Care Center, Adult or Child Commercial Drive-Through Facility Employment Services Financial Institution Gas Station Greenhouse/Nursery Heavy Sales, Rental & Service Hotel/Motel Kennel Medical/Dental Clinic Motor Vehicle Service & Repair, Minor Motor Vehicle Service & Repair, Major Office Passenger Terminal Pay Day or Title Loan Establishment Personal Service Establishment Printing Establishment Recreational Vehicle Park Restaurant, Carry-Out Restaurant, Fast Food Restaurant, Standard Restaurant, Specialty Retail Goods Establishment Retail Sales of Alcoholic Beverages Social Club or Lodge INDUSTRIAL USE Airport Brewery/Distillery Broadcasting Studio Composting Facility, Industrial Contractor Storage Yard Food Processing Freight Terminal City of New Orleans Comprehensive Zoning Ordinance
Section 20.3.QQ Section 20.3.B
C P P 3 P 3 P C P 3 P P P P P P P 3 P P
3
P P P 3 P 3 P C P 3 P P
3
P P P P P P C P P
Section 20.3.F Section 20.3.K Section 20.3.O Section 20.3.O Section 20.3.O Section 20.3.Q Section 20.3.T Section 20.3.Z
C P P Section 20.3.EE Section 20.3.II Section 20.3.II P P

3
P P P Section 20.3.K
P C P P P P C
P P C P P P P C C P P P P P P P P C C
C C
P P P P P C C
Section 20.3.RR Section 20.3.RR Section 20.3.RR Section 20.3.RR
Section 20.3.TT Section 20.3.C
P P C P P P
P P C P P P
P P Section 20.3.SS Section 20.3.N P Article 16 Centers for Industry
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TABLE 16-1: PERMITTED AND CONDITIONAL USES DISTRICTS LI HI MI BIP P P C C P P C C P P P P P P P P P P P P P P P C C P P C P P P P P P P P P P C C P P C C C P P C C P P P P P P P C C P P P C C P
USE
Heliport Helistop Manufacturing, Artisan Manufacturing, Light Manufacturing, Heavy Manufacturing, Maritime-Dependent Marina, Commercial Marine Terminal Mining & Drilling Activities Motor Vehicle Operations Facility Movie Studio Outdoor Storage Yard Research and Development Separation/Recovery Facilities Shipyard Solar Farm Truck Repair Truck Stop Truck Terminal Warehouse Waste Transfer Station Wholesale Goods Establishment Wind Farm INSTITUTIONAL USE Abuse Addiction Treatment Facility Educational Facility, Vocational Educational Facility, University Emergency Homeless Shelter Government Offices Hospice Hospital Public Works and Safety Facility Prison OPEN SPACE USE Parks and Playgrounds OTHER Parking Lot (Principal Use) Parking Structure (Principal Use) Planned Development Pumping Station Utilities Wireless Communications Antenna Wireless Communications Facility Wireless Communications Tower
LS C P P
USE STANDARDS Section 20.3.C Section 20.3.C
Section 20.3.GG
Section 20.3.N P Section 20.3.SS Section 20.3.UU Section 20.3.WW Section 20.3.WW P Section 20.3.SS Section 20.3.ZZ P Section 20.3.A Section 20.3.R Section 20.3.R Section 20.3.S Section 20.3.DD Section 20.3.L
C C P
P C
P C
P C
P P P P
P P P C P C 2 C,P C C P P C P C 2 C,P C C P P C P C 2 C,P C C P P C P C 2 C,P C C P P C P C 2 C,P C C Section 20.3.KK Section 20.3.KK Article 5 Section 20.3.NN Section 20.3.YY Section 20.3.AAA Section 20.3.AAA Section 20.3.AAA
TABLE 16-1 FOOTNOTES 1 The terms in this column (Use) are defined in Article 26. 2 Only wireless telecommunications antennas that comply with the stealth design standards of Section 20.3.AAA are considered permitted uses. 3 Use only permitted when accessory to an industrial principal use of the site and integrated into the larger development to serve primarily employees.
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16.3
BULK AND YARD REGULATIONS A. Bulk and Yard Regulations Table 16-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Centers for Industry.
TABLE 16-2: BULK & YARD REGULATIONS DISTRICTS HI MI 10,000sf None, unless adjacent to a residential district then 50 - may exceed 50 if set back 1 for each foot above 50 10,000sf None, unless adjacent to a residential district then 50 - may exceed 50 if set back 1 for each foot above 50
BULK & YARD REGULATIONS BULK REGULATIONS MINIMUM LOT AREA
LI 5,000sf 75, unless adjacent to a residential district then 50 but may exceed 50 if set back 1 for each foot above 50 up to 75
BIP 5,000sf 75, unless adjacent to a residential district then 50 but may exceed 50 if set back 1 for each foot above 50 up to 75 A perimeter yard along the boundary of the district of 20 5,000sf
LS
100, unless adjacent to a residential district then 50 but may exceed 50 if set back 1 for each foot above 50 up to 100
MINIMUM YARD REQUIREMENTS PERIMETER YARD B C D E FRONT YARD INTERIOR SIDE YARD CORNER SIDE YARD REAR YARD 10 15 10 20, unless abutting residential district then 30 20 20 20 20 20 20 20 20
None None, unless lot abuts residential district then 10 Minimum of 20 None, unless lot abuts residential district then 20
None to a maximum of 20 None, unless abutting residential district then 10 None to a maximum of 20 10, unless abutting residential district then 20
B. Building Design Standards 1. Faade Articulation and Reduction of Mass and Scale The following standards for faade articulation and reduction of mass and scale apply to all faades that face a public street and, in those cases where the building is oriented toward the interior of the site, the faade where the building entrance is located. a. All faades must have at least two (2) of the following architectural features to avoid the appearance of blank walls: change in plane of varying depths greater than two (2) feet in depth, reveals, windows and openings, and changes in color, texture and/or material to add interest to the building elevation. b. Highly reflective wall surface material and mirror glass on exterior walls are prohibited to prevent heat and glare impacts on the adjacent public streets and properties. However, Such materials may be used for trims, which are used as architectural elements and accent, and do not exceed a total of ten percent (10%) of the faade.
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Centers for Industry - Industrial

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c. Buildings with faades over one-hundred (100) feet in length must incorporate wall projections or recesses, or changes in wall plane of varying depths a maximum of every seventy-five (75) feet. d. In multi-building complexes, a comprehensive architectural concept must be developed and maintained, as well as a campus-like design. Various site components must be unified through the use of similar design features, construction, material and colors. Buildings within such complexes must be compatible in height and scale. e. The design of accessory structures, such as security kiosks, maintenance buildings and outdoor equipment enclosures, must be incorporated into and compatible in design with the overall design of the project and the principal buildings on the site. 2. Roof Design a. The roofline at the top of the structure must not run in a continuous plane for more than seventy-five (75) feet without an offset of the roof plane. Rooflines must be broken up by providing articulations in the facade of buildings, change in the height of portions of roofs, or change in color, material, forms, etc. b. Buildings must use decorative roof elements, such as projecting cornices, to enhance roof edges and define building entrances, waiting areas, transit stops, main pedestrian routes or activity areas. c. Nearly vertical roofs (A-frames) and piecemeal mansard roofs used on a portion of the building perimeter are prohibited. d. Reflective surfaces that produce glare are prohibited roof materials. e. Green roof and white roof designs are encouraged. 3. Site Layout a. Public entrances and primary building elevations must be oriented to public streets. Main entrances to the buildings must be well defined. b. Direct access to office or guest facilities from street frontages and parking areas is required. Manufacturing and warehouse structures should be set back towards the center of the site to minimize impact on adjacent parcels. c. In multi-building complexes, a distinct visual link must be established among various buildings by using architectural or site design elements such as courtyards, plazas, landscaping, and walkways to unify the project. d. The parking lot must not be the dominant visual element of the site. Large expansive paved areas located between the street and the building are prohibited and should be designed as smaller parking lots separated by landscaping and buildings. 4. Building Materials a. The following materials are permitted for use on exterior elevations visible from the public right-of-way:
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i.
Brick
ii. Natural or cast stone iii. Architectural pre-cast concrete iv. Stucco v. Metal; however metal may be used for trims, which are used as architectural elements and accent, and do not exceed a total of twenty-five percent (25%) of the faade, and as a spandrel material. vi. Pre-fabricated steel panels; however, pre-fabricated steel panels may be used for accent features only vii. Green building materials; however, these materials must be approved by the Executive Director of the City Planning Commission viii. Additional building materials not listed as permitted materials may be used subject to the approval of the Executive Director of the City Planning Commission and so long as such materials are not listed as a prohibited material in Paragraph b below. b. The following materials are prohibited for use on exterior elevations visible from the public right-of-way: i. Plain concrete block
ii. EIFS panels iii. Vinyl iv. Plastic 16.4 GENERAL STANDARDS OF APPLICABILITY All Centers for Industry are subject to the following standards: A. Accessory Structures and Uses See Section 21.6 (Accessory Structures and Uses) for standards covering accessory structures and uses. B. Temporary Uses See Section 21.8 (Temporary Uses) for standards governing temporary uses. C. Site Development Standards See Article 21 (On-Site Development Standards) for additional site development standards such as exterior lighting, environmental performance standards and permitted encroachments.
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D. Off-Street Parking and Loading See Article 22 (Off-Street Parking and Loading) for standards governing off-street parking and loading. E. Landscaping, Stormwater Management and Screening See Article 23 (Landscaping, Stormwater Management and Screening) for standards governing landscaping, stormwater management and screening. F. Signs See Article 24 (Signs) for standards governing signs. G. Overlay Districts See Article 18 (Overlay Districts) for additional overlay district regulations, when applicable. H. Nonconformities See Article 25 (Nonconformities) for regulations governing nonconformities.
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ARTICLE 17. CENTRAL BUSINESS DISTRICT

PURPOSE OF THE CENTRAL BUSINESS DISTRICT New Orleans Central Business District is characterized by a wide diversity of uses functioning within a single geography. These uses are mixed horizontally and vertically in a series of buildings, arranged along a continuous streetwall. The Central Business District is designed to serve a diversity of functions within this same compact geography including the community's civic center, a regional employment center, an international visitor center, and centers of service and learning. The districts of the Central Business District contain regulations that create and maintain a focused destination that mixes employment, shopping, residential and entertainment activities in an intense, high density, primarily pedestrian environment. CHARACTER OF THE CENTRAL BUSINESS DISTRICT The character of the Central Business District is defined by: The highest intensity development within the City, including office and residential high-rises High-intensity office and employment growth centers A pedestrian environment with active uses, such as retail and restaurant, along the ground floor Large-scale entertainment uses, such as the Superdome and Convention Center
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ARTICLE 17. CENTRAL BUSINESS DISTRICT

17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.1 ARTICLE STRUCTURE PURPOSE STATEMENTS USES SITE DESIGN STANDARDS PUBLIC BENEFIT FAR BONUS PROVISIONS DESIGN STANDARDS FOR RIVERS EDGE DEVELOPMENTS PEDESTRIAN STREET DESIGN STANDARDS ON-SITE OPEN SPACE GENERAL STANDARDS OF APPLICABILITY ARTICLE STRUCTURE To determine which regulations apply to an area within the CBD District, the user should follow the steps shown in the flowchart below: 17.2 PURPOSE STATEMENTS A. CBD-1 Business and Commercial District The CBD-1 Business and Financial District is intended for large office, financial and commercial services serving the local regional and national markets. B. CBD-2 Mixed-Use District The CBD-2 Mixed-Use District is intended for the reuse of existing structures and the construction of vertically mixed-use buildings that provide small floor plate office, retail, institutional, and residential uses that support the vitality of the Central Business District. C. CBD-3 Cultural Arts District The CBD-3 Cultural Arts District is intended to create an entertainment destination through the clustering of museum, cultural, performing arts, and supporting visitor services uses. These include the Jazz Corridor along and adjacent to the intersection of Basin, Rampart and Canal and the Arts District along Magazine Street. D. CBD-4 Exposition District The CBD-4 Exposition District is intended for large destination uses and related services which generate high volumes of visitor traffic. The CBD-4 District addresses unique largescale uses like the Superdome and Convention Center. E. CBD-5 Urban Core Neighborhood District The CBD-5 Urban Core Neighborhood District is intended for a downtown neighborhood environment through a mix of housing types and supporting residential services conveniently situated with respect to employment opportunities.
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Article 17 Central Business District
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F. CBD-6 Bio-Science District The CBD-6 Bio-Science District is intended for large-scale bio-science campuses and supportive services. Standards for the CBD-6 District address the unique development of a large campus and its supportive services in order to create proper transitions from the campus to adjacent uses, as well as specific regulations for the core of such district. 17.3 USES A. Permitted and Conditional Uses Only those uses of land listed under Table 17-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Central Business Districts. A P indicates that a use is permitted within that zoning district. A C indicates that a use is a conditional use in that zoning district and must obtain a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district. B. Use Restrictions 1. Design Standards for Properties Abutting Canal Street a. In the CBD Districts, at least twenty-five percent (25%) of the ground floor of a structure must be allocated for occupancy by one (1) or more of the uses listed below. At least seventy percent (70%) of the Canal Street frontage of the ground floor must also be allocated to such uses. Only the net floor area for lease and not including corridors or other spaces in common will be counted in determining the amount of space allocated. i. Art gallery
ii. Art studio iii. Cultural facility iv. Personal service establishment v. Restaurant standard vi. Restaurant specialty vii. Retail goods establishment b. For the purpose of meeting these space requirements, space will qualify only if accessible to the public and the space is at street level directly accessible from a public sidewalk, other public pedestrian way or an arcade. c. The following uses are prohibited in properties that abut Canal Street in the CBD Districts: i. Fast food restaurants
ii. T-shirt shops iii. Parking lot (principal use)

City of New Orleans Comprehensive Zoning Ordinance 17 - 3 DRAFT CZO - 2011 Article 17 Central Business District
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FIGURE 17-1: SUB-DISTRICTS
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2. Prohibited Uses on Pedestrian Streets The following uses are prohibited in properties that abut designated pedestrian streets (See Section 17.7 (Pedestrian Street Design Standards)): a. Drive-through facility b. Gas station c. Motor vehicle dealership or rental establishments with outdoor display areas (only those that are fully enclosed are permitted)
TABLE 17-1: PERMITTED AND CONDITIONAL USES DISTRICTS CBD-1 CBD-2 CBD-3 CBD-4 CBD-5 P P P P P P P P P P P P P P P P P P P P P C P P P
USE
CBD-6
USE STANDARDS Section 20.3.G Section 20.3.G Section 20.3.G Section 20.3.P Section 20.3.P
RESIDENTIAL USE Bed and Breakfast Family Home Bed and Breakfast Guest Home Bed and Breakfast Historic Home Day Care Home, Small Day Care Home, Large Dormitory Dwelling, Above the Ground Floor Dwelling, Single-Family Dwelling, Two-Family Dwelling, Townhouse Dwelling, Multi-Family Group Home, Small Group Home, Large Group Home, Congregate Residential Care Facility for Elderly Timeshare/Transient Vacation Rental COMMERCIAL USE Arena Art Gallery Arts Studio Auditorium Broadcasting Studio Bus Terminal Casino Convention Center Day Care Center, Adult or Child Small Day Care Center, Adult or Child Large Day Care Center, Adult or Child Commercial Employment Services Financial Institution Green Market Gas Station Health Club Hotel/Motel Indoor Amusement Facility Live Entertainment Secondary Use Live Performance Venue Motor Vehicle Rental Establishment Medical/Dental Clinic Off-Track Betting Facility Office City of New Orleans Comprehensive Zoning Ordinance
P P
P Section 20.3.BB Section 20.3.BB Section 20.3.BB Section 20.3.QQ
P C
P C C P P P C C C P P P P C C P P P P P C P C P
C P
P P P
P P P C
P P P C
P P P
Section 20.3.I P P P P P P P P P P P P P Section 20.3.AA Section 20.3.Z C Section 20.3.D Section 20.3.FF Section 20.3.FF Section 20.3.HH P P Article 17 Central Business District Section 20.3.O Section 20.3.O Section 20.3.O Section 20.3.T
P P P C P C P P P P C P P
P P P C P C P P P P C P P
P P P P
P P P P P P P
P P
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TABLE 17-1: PERMITTED AND CONDITIONAL USES DISTRICTS CBD-1 CBD-2 CBD-3 CBD-4 CBD-5 P P P P P P P P P P P P P P P P P P P P P P C C C C P P P P P P P P P P C C C C C P P P P P C
USE
CBD-6 P P P P C P P C P
USE STANDARDS Section 20.3.D Section 20.3.OO Section 20.3.RR Section 20.3.RR Section 20.3.RR Section 20.3.RR
Outdoor Amusement Facility Personal Service Establishment Reception Facility Restaurant, Standard Restaurant, Specialty Restaurant, Fast Food Restaurant, Carry-Out Retail Goods Establishment Retail Sales of Alcoholic Beverages Social Club or Lodge Stadium INSTITUTIONAL USE Abuse Addiction Treatment Facility Community Center Convent and Monastery Cultural Facility Educational Facility, Primary Educational Facility, Secondary Educational Facility, University Educational Facility, Vocational Emergency Homeless Shelter Family Violence Shelter Government Offices Hospice Hospital Places of Worship INDUSTRIAL USE Manufacturing, Artisan Manufacturing, Light Motor Vehicle Operations Facility Helistop Printing Establishment Research and Development OPEN SPACE USE Parks and Playgrounds OTHER Parking Lot (Principal Use) Parking Structure (Principal Use) Planned Development Pumping Station Utilities Wireless Communications Antenna Wireless Communications Facility Wireless Communications Tower
Section 20.3.TT
P P P P P P P P C P P P P P P P P C P P P P P P P P P P P P P P P P P P P
Section 20.3.A Section 20.3.L Section 20.3.L Section 20.3.R Section 20.3.R Section 20.3.R Section 20.3.R Section 20.3.S Section 20.3.V Section 20.3.DD
P P
P C P P P P P C C P C P
P C C
C P
C P
C P
C P
C P
Section 20.3.C
P C P C P C 2 C,P C C
P C P C P C 2 C,P C C
P Section 20.3.KK Section 20.3.KK Article 5 Section 20.3.NN Section 20.3.YY Section 20.3.AAA Section 20.3.AAA Section 20.3.AAA
P C P C 2 C,P C C
P C P C 2 C,P C C
P C P C 2 C,P C C
P C P C 2 C,P C C
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17.4
SITE DESIGN STANDARDS A. Bulk and Yard Regulations 1. General Requirements Table 17-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Central Business District. 2. Building Height a. The maximum building height on a lot is determined by the permitted height of the principal street frontage adjacent to the lot as identified in Figure 17.2: Building Height. Those lots subject to maximum floor area ratio (FAR) are identified in Figure 17.3: Maximum FAR. b. Where a lot fronts on two (2) or more principal street frontages, each with different permitted building height, the maximum building height for that street frontage applies for the first eighty-three (83) feet as measured from the centerline of the street. (See Figure 17.4: Applicability to Street Frontage for illustration. An additional example is shown in Figure 17.5: Example Lot on Canal Street for lots located between Canal Street and Iberville Street, between Basin Street and Decatur. c. Where a lot fronts on a circular street, the maximum building height of a street frontage applies to the first eighty-three (83) feet of a line tangent to the centerline of the street at the centerline of the lot. (See Figure 17.6: Applicability to Circular Street Frontage)
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BULK & YARD REGULATIONS BULK REGULATIONS MINIMUM LOT AREA MINIMUM BUILDING HEIGHT MAXIMUM BUILDING HEIGHT MAXIMUM FLOOR AREA RATIO YARD REQUIREMENTS
CBD -1 Residential: 300sf/du Non-Residential: None 36 See Figure 17.2 See Figure 17.3
TABLE 17-2: BULK AND YARD REGULATIONS DISTRICTS CBD-2 CBD-3 CBD-4 Residential: 300sf/du Non-Residential: None 36 See Figure 17.2 See Figure 17.3 Residential: 300sf/du Non-Residential: None 36 See Figure 17.2 See Figure 17.3
CBD-5 Residential: 300sf/du Non-Residential: None 36 See Figure 17.2 See Figure 17.3
CBD-6
None
None
None See Figure 17.2 See Figure 17.3
36 See Figure 17.2 See Figure 17.3
None required, but a 5 maximum FRONT YARD Larger front yard permitted by conditional use None None 20 at lowest residential level
None required, but a 5 maximum Larger front yard permitted by conditional use None None 20 at lowest residential level
None required, but a 5 maximum Larger front yard permitted by conditional use None None 20 at lowest residential level None
None required, but a 5 maximum Larger front yard permitted by conditional use None None 20 at lowest residential level None
MINIMUM INTERIOR SIDE YARD MINIMUM CORNER SIDE YARD MINIMUM REAR YARD
None None None
None None None
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FIGURE 17-2: MAXIMUM BUILDING HEIGHT
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FIGURE 17-3: MAXIMUM FAR
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FIGURE 17.4: APPLICABILITY TO STREET FRONTAGE
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FIGURE 17.5: EXAMPLE LOT ON CANAL STREET
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FIGURE 17.6: APPLICABILITY TO CIRCULAR STREET FRONTAGE
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B. Required Site Plan Review a. Any development that utilizes the public benefit FAR bonus provisions of Section 17.5 (Public Benefit FAR Bonus Provisions) in the CBD Districts requires site plan review and approval by the Executive Director of the City Planning Commission. b. All new developments or building regulations which exceed a total aggregate floor area of fifty-thousand (50,000) square feet or more, or changes of use to any existing structure which creates a total aggregate floor area of fifty-thousand (50,000) square feet are subject to site plan review and submittal of a traffic impact study, as required by the Executive Director of the City Planning Commission. 17.5 PUBLIC BENEFIT FAR BONUS PROVISIONS A. Administration 1. The Executive Director of the City Planning Commission is authorized to award floor area bonuses subject to administrative site plan review. 2. The applicant must file a bonus worksheet at the time of application that describes the size, location, design, and maintenance for the public benefit amenity and the calculation for the amount of bonus floor area requested. The final worksheet must be recorded with the deed and be binding on the property owners, successors and assigns for the life of the building to ensure compliance with the Zoning Ordinance for the design and maintenance of the public amenities. 3. No public amenity for which a floor area bonus has been granted may be eliminated or reduced in size without a corresponding reduction in building floor area or substitution of an equivalent bonus. 4. Floor area exceeding the maximum base floor area ratio added to a building by virtue of floor area ratio bonuses of this section, may not, in turn serve as a basis for creating additional bonuses. B. Applicability The base maximum floor area ratio in those areas of the CBD without height limits may be increased in accordance with following provisions. Features eligible for public benefit bonuses are the following: 1. Whole building sustainability (Paragraph C below) 2. Financial contributions to public park/open space improvements (Paragraph D below) 3. Financial contributions to landmark preservation (Paragraph E below) 4. Public plazas (Paragraph F below)
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C. Whole Building Sustainability 1. Whole Building Sustainability Public Benefit Formula a. Commitment to LEED Gold sustainability rating: Six percent (6%) increase in FAR b. Commitment to LEED Platinum sustainability rating: Fifteen percent (15%) increase in FAR 2. Whole Building Sustainability Standards and Guidelines a. Because LEED certification determination cannot occur until after a building is constructed, the applicant must submit a binding letter of intent to achieve the required sustainability level. b. Within one-hundred twenty (120) days of receiving the final certificate of occupancy, the applicant must submit documentation that demonstrates achievement of the applicable sustainability level. c. A letter of credit or other City-approved financial guarantee is required to ensure ultimate compliance with required sustainability level. The amount of the financial guarantee is equal to the extra development and construction costs estimated by the City to be required to achieve the required sustainability level plus fifteen percent (15%). d. Failure to demonstrate performance will result in forfeiture of the guarantee. Performance must be demonstrated through an independent report approved by the U.S. Green Building Council, the City or a City-approved alternate organization. All penalties collected will contribute to the Green Building Fund to support market adoption of green building practices. D. Public Park/Open Space Financial Contribution Standards 1. Public Park/Open Space Benefit Formula Floor area bonuses for one-time financial contributions to acquire public parks and open spaces or make improvements to public parks and open spaces are to be based on the value of property within the geographic area based on the formula: Cost of one (1) square foot of floor area = 80% x median cost of land per buildable square foot. The cost of land must be based on sale prices within the most recent five (5) years as provided by the City. Maximum bonus is equal to 20% of the base Floor Area Ratio. 2. Public Park/Open Space Standards and Guidelines a. One-time contributions of land, cash, or improvements must be targeted for specific improvement projects, or for off-site land acquisition within one-half () mile of the site seeking zoning approval. Proposed improvements must be consistent with the improvements identified by the Department of Parks and Parkways.
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b. Applicants who contribute improvements and who undertake the work themselves must submit documentation including, but not limited to, appropriate drawings, detailed construction commitments and a performance bond for completion of the improvements. c. Applicants who make cash contributions for specific improvements that are to be undertaken by a City agency must enter into an agreement with the City and the agency. E. Landmark Preservation Financial Contribution Standards 1. Landmark Preservation Public Benefit Formula Floor area bonuses for financial contributions to the restoration of existing or proposed landmark structures must be based on one-time financial contributions that reflect the value of property within the geographic area based on the formula: Cost of one (1) square foot of floor area = 80% x median cost of land per buildable square foot. The cost of land must be based on sale prices within the most recent five years as provided by the City. Maximum Bonus is equal to 20% of the base FAR. 2. Landmark Preservation Standards and Guidelines a. Restoration projects must be consistent with HDLC guidelines. b. New landmarks must be identified and certified by the HDLC and the National Park Service, when applicable. c. Funds must be used for substantial interior or exterior rehabilitation or restoration that is visible from a public street or within a portion of the interior that is open to the public. The work must exceed routine maintenance. F. Public Plaza Standards 1. Public Plaza Benefit Formula Floor area bonus for qualifying public plazas must be based on the following formula: Bonus FAR = (area of plaza or park divided by lot area) x 1.0 x base FAR. Maximum bonus is equal to 30% of the base Floor Area Ratio 2. Public Plaza Standards and Guidelines Public plazas require review by the Design Advisory Committee and are subject to the following standards: a. Plazas must be open to the sky, except for arbors, trellises or small pedestrianoriented structures. b. Plazas must have a minimum site area of two-thousand five-hundred (2,500) square feet.
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c. At least twenty percent (20%) of the plaza must consist of landscaping. d. One (1) linear foot of seating area must be provided for each thirty (30) square feet of plaza. e. The length of the plaza must not exceed three (3) times its width in order to avoid long narrow spaces. f. All plazas must to visible from and connected to the nearest sidewalk with preference given to corner locations that maximize pedestrian access.
g. Plazas must be designed in accordance with ADA accessibility requirements. No plaza may be more than three (3) feet above the adjacent sidewalk level. h. Plazas must be open to the public at minimum during the hours of 8:00am to 9:00pm. A plaque approximately two (2) feet by four (4) feet in area, not to exceed eight (8) square feet, must be displayed at all entrances stating the hours of public use. i. Plazas should be located so that they receive natural light during at least a portion of the day.
17.6
DESIGN STANDARDS FOR RIVERS EDGE DEVELOPMENTS A. High-rise development throughout the riverfront area must be sited to maximize river views and to preserve critical view corridors on Lafayette, Girod, Julia, Andrew Higgins and Calliope. Development frontage on Convention Center Boulevard at these points should provide evidence of views to riverfront attractions and ample advertising through signs, particular building forms and architectural treatments, of the special activities beyond. B. Direct pedestrian access to the riverfront must be maintained on Julia and Calliope Streets. C. Building forms should step down to the rivers edge and sculpted to achieve a balanced composition that enhances views to the Central Business District from the West Bank and the GNO Bridge, and frames views towards the river from the Central Business District. D. Architectural details, materials, colors, textures and landscape treatments must be coordinated to provide visual continuity, quality and consistency throughout the zone with sufficient diversity to create a lively and interesting skyline and streetscape. E. Development frontage on the river side of Convention Center Boulevard and South Front Street must be built to the property line and maintain a consistent scale, related to the scale of Warehouse Area building opposite. F. Developments along Convention Center Boulevard should provide for the pedestrian environment, where appropriate, with the use of sheltered sidewalks, visually active ground level facades in fronting development, arcade treatment, protective landscaping, signs and clear convenient pedestrian crossings.
17.7
PEDESTRIAN STREET DESIGN STANDARDS A. Purpose Certain streets within the CBD Districts are designated pedestrian streets (See Figure 17-7: Pedestrian Streets). The purpose is to preserve and enhance the function of certain streets that serve multiple modes of transportation by creating a safe and comfortable environment for the pedestrian, transit rider and bicyclist. The regulations are intended to promote
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economic development by ensuring efficient access to and between downtowns commercial, entertainment and employment centers. Pedestrian streets exhibit a combination of the following characteristics: 1. Pedestrian streets serve as the location of designated light rail and streetcar lines or designated bicycle routes. 2. Pedestrian streets serve as the important link between transportation connections. 3. Pedestrian streets exhibit a concentrated pattern of civic, cultural or retail establishments. B. Effective Date These standards are requirements for all buildings constructed after the effective date of this Ordinance. C. Designation and Boundaries Pedestrian streets are identified below and illustrated in Figure 17-7: Pedestrian Streets. The pedestrian street designation applies to all lots that abut the pedestrian street. 1. St. Charles Avenue, Lee Circle to Iberville Street 2. Canal Street, Claiborne Avenue to Convention Center Boulevard 3. Magazine Street, Caliope Street to Iberville Street 4. Poydras Street, Claiborne Avenue to Convention Center Boulevard 5. North Diamond Street, Tchoupitoulas Street to South Peters Street 6. South Diamond Street, Tchoupitoulas Street to South Peters Street 7. Julia Street, St. Charles Avenue to Convention Center Boulevard 8. Camp Street, Andrew Higgins Street to Iberville Street 9. Andrew Higgins Street, Lee Circle to Convention Boulevard. 10. Rampart Street, Canal Street to St. Peter Street 11. Lee Circle and Howard Street to Baronne Street 12. Baronne, Howard Avenue to Iberville Street D. Building Location The entire building faade that faces a designated pedestrian street must be located within five (5) feet of the public sidewalk. This does not apply to permitted arcades, public plazas or parks, or recessed building entries.
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FIGURE 17-7: PEDESTRIAN STREETS
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E. Street Level Building Design 1. The first floor of structures must be designed with a minimum ceiling height of fourteen (14) feet. 2. The faade that faces a pedestrian street must maintain a minimum transparency of sixty percent (60%). The bottom of any window used to satisfy this requirement may not be more than four and one-half (4.5) feet above the adjacent sidewalk. Windows must be constructed of clear or lightly tinted glass. Tinting above twenty percent (20%) or reflective glass is prohibited. 3. Structures must maintain a primary entrance that fronts on the pedestrian street. Building entrances may include doors to individual shops and businesses, lobby entrances, entrances to pedestrian oriented plazas, or entrances to a cluster of shops or businesses. 4. All parking structures must be faced with habitable space for seventy percent (70%) of the ground floor faade. Areas of the ground floor used for parking or pedestrian access are excluded from the calculation of area. 5. Garage entrances, driveways, or loading bays are prohibited along a pedestrian street. 17.8 ON-SITE OPEN SPACE All townhouse and multi-family dwellings in the CBD District must provide at least one-hundred twenty (120) square feet of useable on-site open space per dwelling unit. This open space may be either private open space for the dwelling unit or common open space restricted to the use of residents of the townhouse or multi-family dwelling. Such open space must meet the following requirements: A. Required open space must have minimum dimension of at least seven (7) feet on any side. B. Required open space must be located on the same lot as the dwelling unit it serves. C. Required open space must be outdoors and designed for outdoor living, recreation or landscaping, including areas located on the ground and areas on decks, balconies, porches or roofs. For multi-family dwellings, when such open space is above grade, such as a balcony or gallery, it may not be located over off-street parking areas. D. The required open space area is not required to be contiguous, but each open space area, whether common or private, must comply with minimum dimensional standards. Common open space areas must be accessible to all residents of the subject development. E. When located at ground level, required open space area must be substantially covered with grass, live groundcover, shrubs, plants, trees, or usable outdoor open space features, such as walkways or patios. F. Off-street parking and loading areas, driveways or required landscaping for parking lots and screening may not be used to satisfy open space requirements. Bollards, curbs, wheel stops or other similar features must be provided to ensure that required open space areas are not used for off-street parking or any other vehicular use. G. Required open space areas may not be occupied by mechanical equipment, dumpsters or service areas. All required open space areas must be located and designed to take advantage of sunlight and other climatic advantages of the site.
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17.9 GENERAL STANDARDS OF APPLICABILITY All Central Business Districts are subject to the following standards: A. Accessory Structures and Uses See Section 21.6 (Accessory Structures and Uses) for standards covering accessory structures and uses. B. Temporary Uses See Section 21.8 (Temporary Uses) for standards governing temporary uses. C. Site Development Standards See Article 21 (On-Site Development Standards) for additional site development standards such as exterior lighting, environmental performance standards and permitted encroachments. D. Off-Street Parking and Loading See Article 22 (Off-Street Parking and Loading) for standards governing off-street parking and loading. E. Landscaping, Stormwater Management and Screening See Article 23 (Landscaping, Stormwater Management and Screening) for standards governing landscaping, stormwater management and screening. F. Signs See Article 24 (Signs) for standards governing signs. G. Overlay Districts See Article 18 (Overlay Districts) for additional overlay district regulations, when applicable. H. Nonconformities See Article 25 (Nonconformities) for regulations governing nonconformities.
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ARTICLE 18. OVERLAY ZONING DISTRICTS

18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.1 PURPOSE STATEMENT REGULATIONS OF THE BASE ZONING DISTRICT UC URBAN CORRIDOR OVERLAY DISTRICT ENORC EASTERN NEW ORLEANS RENAISSANCE CORRIDOR OVERLAY DISTRICT INNER-CITY URBAN CORRIDOR OVERLAY DISTRICT LOWER ST. CHARLES AVENUE OVERLAY DISTRICT RDO RESIDENTIAL DIVERSITY OVERLAY DISTRICT AC ARTS AND CULTURE OVERLAY DISTRICT RIVERFRONT OVERLAY DISTRICT PURPOSE STATEMENT Overlay zoning districts are for the purpose of requiring special controls in certain areas of the City that have special characteristics or special development issues. The intent of an overlay district is to provide common controls over areas that require a specific type of zoning control but are typically zoned with more than one (1) base zoning district. 18.2 REGULATIONS OF THE BASE ZONING DISTRICT Unless modified by the overlay district regulations, the regulations of the base zoning district apply. 18.3 UC URBAN CORRIDOR OVERLAY DISTRICT A. Purpose The purpose of the UC Urban Corridor Overlay District is to provide for a superior environment along major urban transportation corridors through application of an overlay district that places restrictions on certain uses. The overlay district regulations are intended to supplement the regulations of the base zoning districts and to provide for harmony and compatibility of development over the length of the corridor. B. Areas of Applicability 1. This district is intended for application along transportation corridors in a suburban setting. Where this urban corridor intersects with another urban corridor resulting in overlapping corridors, the most recent corridor overlay controls. 2. The UC Overlay District applies to the General DeGaulle Urban Corridor including General DeGaulle Drive from the Westbank Expressway to the Intercoastal Canal and a portion of Behrman Place and Behrman Highway from General DeGaulle Drive to the Orleans/Jefferson Parish line. C. Use Restrictions When allowed as a permitted use in the base zoning district, the following are conditional uses: 1. Bars 2. Retail sales of alcoholic beverages
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Article 18 Overlay District Zoning Districts
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18.4
ENORC EASTERN NEW ORLEANS RENAISSANCE CORRIDOR OVERLAY DISTRICT A. Purpose The purpose the ENORC Eastern New Orleans Renaissance Corridor Overlay District is to provide for a superior environment along major urban transportation corridors in Eastern New Orleans through the application of an overlay zoning district. The overlay district regulations are intended to supplement the regulations of the base zoning districts and to provide for the harmony and compatibility of development over designated corridors by special regulations. B. Areas of Applicability The Eastern New Orleans Renaissance Corridor Overlay District applies to: 1. All properties bounded by Bullard Avenue, Hayne Boulevard, the Jahncke Canal and Chef Menteur Highway and all properties fronting on the west side of Bullard Avenue between Hayne Boulevard and Chef Menteur Highway. 2. All properties with frontage on Crowder Boulevard between Hayne Boulevard and Chef Menteur Highway. 3. All properties with frontage on Read Boulevard between Hayne Boulevard and Chef Menteur Highway. 4. All properties fronting on Hayne Boulevard between Jourdan Road and Interstate 510. 5. All properties fronting on Morrison Road between Jourdan Road and Interstate 510. 6. All properties fronting on Lake Forest Boulevard between Mayo Road and Interstate 510 and continuing one square in depth along Six Flags Parkway between Interstate 510 and Michoud Boulevard. 7. All properties fronting on Bundy Road between Hayne Boulevard and Chef Menteur Highway. 8. All properties fronting on I-10 and I-510 in Eastern New Orleans. 9. Those lots fronting on and all lots fronting on intersecting major streets one (1) municipal square length to the rear along Chef Menteur Highway for the entirety of its length from the Industrial Canal to the Michoud Levee and along Downman Road for the entirety of its length from Chef Menteur Highway to the lake. C. Use Restrictions 1. When allowed as a permitted use in the base zoning district, the following are conditional uses: a. Multi-family dwellings in any non-residential district b. Bars c. Retail sales of alcoholic beverages
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2. The following uses are prohibited: a. Adult use b. Bed and Breakfast c. Health club 3. The following uses are required to conform to additional standards: a. Hotels/motels are prohibited from renting a room more frequently than at a daily rate D. Development Standards 1. All uses in the Eastern New Orleans Renaissance Corridor Overlay District are limited to a maximum floor area ratio (FAR) of one (1.0), except for uses in the C1 District are limited to a maximum floor area ratio (FAR) of two (2.0). 2. Any townhouse and multi-family dwellings in the Eastern New Orleans Renaissance Corridor Overlay District must comply with all yard, bulk and design standards for townhouse and multi-family dwellings in the S-RM2E District. 18.5 INNER-CITY URBAN CORRIDOR OVERLAY DISTRICT A. Purpose The purpose of the Inner-City Urban Corridor Overlay District is to provide for a superior environment, compatibility and continuity of development along major inner-city street corridors. The district is intended for application in older developed areas of the City to promote a harmonious relationship between commercial uses and the surrounding residential neighborhoods. The overlay district regulations are intended to supplement those of the base zoning district to provide for the harmony and compatibility of development over designated corridors by special regulations. B. Areas of Applicability The Inner-City Urban Corridor Overlay District applies to those squares fronting on S. Claiborne Avenue between Earhart Boulevard and Jackson Avenue, those lots zoned a nonresidential district within squares fronting on the riverside and those squares fronting on the lakeside of S. Claiborne Avenue from Jackson Avenue to Toledano Street, the entirety of the triangular shaped commercially zoned area on the riverside of S. Claiborne Avenue bounded by S. Claiborne Avenue, Louisiana Avenue and Toledano Street, the entirety of squares fronting on the riverside of S. Claiborne between Louisiana Avenue and Napoleon Avenue, and those properties zoned a non-residential district on the lakeside of S. Claiborne Avenue between Toledano Street and Napoleon Avenue.
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C. Conditional Uses When allowed as a permitted use in the base zoning district, the following are conditional uses: 1. Fast food restaurant 2. Bar 3. Indoor amusement facility 4. Gas station 5. Car wash 6. Motor vehicle service and repair, minor or major 7. Retail sales of alcoholic beverages 18.6 LOWER ST. CHARLES AVENUE OVERLAY DISTRICT A. Purpose The purpose of the Lower St. Charles Avenue Overlay District is to provide for a superior environment and compatibility of development. Certain traffic-generating uses are prohibited. B. Area of Applicability The regulations of the Lower St. Charles Avenue Overlay District apply to all lots fronting on St. Charles Avenue from the Pontchartrain Expressway to Jackson Avenue, including all four corners of Jackson Avenue, and all lots zoned bounded by St. Charles Avenue, Felicity and Camp Streets and the Pontchartrain Expressway. C. Uses Restrictions The following uses are prohibited: 1. Car wash 2. Drive-through facility 3. Fast food restaurant 4. Gas station 5. Motor vehicle service or repair, minor or major 6. Tattoo parlor
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18.7
RDO RESIDENTIAL DIVERSITY OVERLAY DISTRICT A. Purpose The purpose of the RDO Residential Diversity Overlay District is to allow a limited number of commercial activities and higher density residential uses in existing buildings across multiblock areas of residentially zoned areas. The purpose of the RDO Overlay District is to sustain the historic character of residential neighborhoods that contained a few shops serving the immediate neighborhood and a few small multi-unit residential buildings situated among low density residential uses. The RDO Overlay District is intended to encourage compatible reuse of existing non-residential structures in residential areas, to reduce commercial and residential non-conformities, and to prevent the use of spot zones to authorize commercial or higher density residential uses. B. Applicability 1. A RDO Overlay District is intended as an overlay district for base residential districts to create a mixed-use environment. The RDO Overlay District must encompass an area no smaller than six (6) blocks and contain at least three (3) structures meeting the criteria of Paragraph D.1 below. 2. Because of the unique nature of the RDO Overlay District, the base standards of this overlay may be modified when new areas are mapped. In such a case, this would create an RDO Overlay District Sub-District. Sub-districts are designated by a number after the RDO Overlay District designation (for example, RDO-1 Overlay District, RDO-2 Overlay District, etc.). Specific modifications to base standards and regulations for the subdistricts are found in Paragraph E below. Where the standards of the sub-district are more restrictive or more permissive than the RDO Overlay District, the sub-district standards control. The RDO Overlay District may also be applied generally (i.e., without a sub-district designation) in compliance with the regulations of this section. C. Permitted Uses In addition to all uses authorized in the base district, the following uses are allowed as permitted uses subject to the use standards of Article 20 (Use Standards) and Paragraphs D below. 1. Two-family dwellings within single-family districts 2. Multi-family dwellings within a district that permits two-family dwellings. If applied to the HMR-3 District, multi-family dwellings are limited to a maximum of four (4) dwelling units. 3. The following non-residential uses within an existing non-residential structure and subject to the limitations of this section: a. Animal hospital b. Arts studio c. Art gallery d. Cultural facility e. Financial institution
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f. Health club
g. Medical/dental clinic with a maximum of three (3) practitioners (medical doctors, dentists) h. Office i. j. Outdoor dining Personal services establishment
k. Retail goods establishment l. Specialty Restaurant
m. Standard Restaurant D. RDO Overlay District Use Standards 1. A non-residential use authorized by the RDO Overlay District may be located only in an existing structure meeting one (1) of the following four (4) standards. All four (4) standards are intended to describe the main structure originally constructed and historically used for non-residential purposes. Evidence of such history may be required by the Department of Safety and Permits. a. A building that is located at a corner, is built to the sidewalk, and has an entrance across the angle of the corner, has display windows and may have an overhang over the angled entrance. b. A structure that is located at a corner, is built to the sidewalk, but instead of an angled entrance has a street-level entrance (no more than one (1) step up) on both streets and has at least one (1) display window. c. A structure that prior to recent alterations originally would have met the above criteria and is proposed to be restored to such original features pursuant to either: i. Approval from the Historic District Landmarks Commission if within a Local Historic District or designated as a landmark building, or
ii. Administrative approval by the City Planning Commission. The proposed restoration must be completed prior to a certificate of occupancy for any non-residential use authorized by the RDO Overlay District. d. A structure that is clearly non-residential in its construction and history of use, including warehouse-style structures, former community facilities such as firehouses, educational facilities and places of worship, and gas stations. 2. Where a structure was originally constructed as a residential use and was subsequently converted to a non-residential use, a non-residential use may not be re-established use once that use has been discontinued, unless otherwise permitted by Article 25 (Nonconformities). 3. A non-residential use authorized by the RDO Overlay District is limited to hours of operation between 7:00 a.m. and 10:00 p.m.
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4. Non-residential uses authorized by the RDO Overlay District are limited to the ground floor. Each non-residential use authorized by the RDO Overlay District is limited to twothousand (2,000) square feet in floor area. However, a non-residential use authorized by the RDO Overlay District is allowed two-thousand and one (2,001) to five-thousand (5,000) square feet in floor area with a conditional use approval. No variance is allowed for these size limitations. 5. A non-residential use authorized by the RDO Overlay District is exempt from all parking requirements of this Ordinance. All residential uses must comply with parking requirements. 6. A non-residential use authorized by the RDO Overlay District is subject to the sign standards of the HU-B1A District. 7. Drive-through facilities live entertainment secondary use and retail sales of alcohol are prohibited. A non-residential use authorized by the RDO Overlay District may not serve alcohol. 8. Any restaurant must not store trash, prepare food or locate service uses in a rear or interior side yard that abuts a residential use. 9. A residential use is subject to the following limitations: a. The structure must have been originally constructed with a greater number of units than currently allowed in the base zoning district. Evidence of such history may be required by the Department of Safety and Permits. b. A two-family residential use authorized by the RDO Overlay District may expand, subject to the bulk and yard standards of the U-RD1 District. A multi-family residential use authorized by the RDO Overlay District may expand subject to the bulk and yard standards of the HU-RM1 District. c. The conversion to residential use of the upper floors or a ground floor portion of a non-residential building meeting the standards of this section must comply with the minimum unit size standards of eight-hundred fifty (850) square feet per dwelling unit. d. Any residential structure constricted in compliance with the standards of the base district is prohibited from any alteration or conversion to a multi-family dwelling. E. RDO Overlay District Sub-District Regulations [RESERVED FOR THE CREATION OF FUTURE RDO SUB-DISTRICTS] 18.8 AC ARTS AND CULTURE OVERLAY DISTRICT A. Purpose of the AC Arts and Culture Overlay District The AC Arts and Culture Overlay District is intended to accommodate a limited number of live entertainment uses, but with additional permissions to sustain established and promote new arts and cultural uses, including a limited number of small-scale live entertainment venues in neighborhood business or mixed-use areas compatible with the character of nearby residential neighborhoods.
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B. Applicability 1. An AC Overlay District is intended as an overlay district for base commercial districts to create a commercial environment with additional permissions for live entertainment. An AC Overlay District must encompass an area zoned non-residential and a minimum of two (2) contiguous blocks. 2. Because of the unique nature of the AC Overlay District, the base standards of this overlay may be modified when new areas are mapped. In such a case, this would create an AC Overlay District Sub-District. Sub-districts are designated by a number after the AC Overlay District designation (for example, AC-1 Overlay District, AC-2 Overlay District, etc.). Specific modifications to base standards and regulations for the subdistricts are found in Paragraph E below. Where the standards of the sub-district are more restrictive or more permissive than the AC Overlay District, the sub-district standards control. The AC Overlay District may also be applied generally (i.e., without a sub-district designation) in compliance with the regulations of this section. C. Uses 1. Permitted Uses In addition to all uses authorized in the base district, the following uses are allowed as permitted uses subject to the use standards of Article 20 (Use Standards) and Paragraphs D below. a. Art gallery b. Cultural facility c. Live entertainment secondary use d. Live performance venue e. Specialty restaurant f. Standard restaurant
g. Indoor amusement facility up to six-thousand (6,000) square feet in floor area 2. Conditional Uses In addition to all uses authorized in the base district, the following uses are allowed as conditional uses subject to the use standards of Article 20 (Use Standards) and Paragraphs D below. a. Bar, limited to two (2) bars per blockface b. Indoor amusement facility over six-thousand (6,000) square feet in floor area
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D. Use Standards 1. Live Performance Venue a. A live performance venue is limited to theatrical productions. b. A live performance venue is permitted to sell alcohol for consumption on-site only one (1) hour prior to and during performances. 2. Live Entertainment Secondary Use a. All establishments providing live entertainment must hold the appropriate Live Entertainment Permit (Mayoralty Permit). b. All establishments providing live entertainment are subject to a closed doors and windows policy during any performance. c. All establishments providing live entertainment are subject to the applicable noise, litter, and other laws of the City, including the Comprehensive Zoning Ordinance, Building Code, City Code, and Life Safety Code. d. A bar may provide live entertainment, including a permanent area for dancing, but adult uses and karaoke are prohibited. All bars providing live entertainment must hold a Class A General ABO Permit and a Live Entertainment Permit (With or Without Admissions). 3. Standard Restaurant a. A licensed standard restaurant may provide live entertainment, limited to a soloist or combos (up to three (3) members). b. Restaurants providing live entertainment must hold a Live Entertainment Without Admissions Permit. Charging fees for any performance or for entrance into the facility are prohibited. c. The full menu must remain available during the performance. d. No performances are permitted after 11:00 p.m. on Sunday thru Thursday, or 1:00 a.m. on Friday and Saturday. e. A permanent stage is prohibited. f. A Special Event Permit may temporarily relieve a restaurant from standards of this section. Special Event Permits are limited to no more than ten (10) times a year for a total of thirty (30) days per year. Performances permitted by a Special Event Permit must be a minimum of fourteen (14) days apart,
4.
Bar a. Bars must mitigate noise to those levels specified in the Noise Ordinance by soundproofing the live entertainment area.
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E. AC Overlay District Sub-District Regulations 1. AC-1 Overlay District Sub-District The following additional regulations and restrictions apply to the AC-1 Overlay District Sub-District: a. Areas of Applicability [NOTE: The district designations will be filled in once remapping is completed. The current geography of the Freret Street AC Overlay District will be maintained; the blanks have been included to ensure that they are accurately filled in once mapping is complete.] The AC-1 Overlay District sub-district is applied to lots generally facing Freret Street between Napoleon and Jefferson Avenues in the _____ District. Lots facing Freret Street outside the _____ Business District and lots that do not face Freret Street in the _____ District are excluded from the AC-1 Overlay District Sub-District. b. Uses i. Permitted Uses In addition to the uses allowed by the AC Overlay District, the following additional uses are permitted uses in the AC-1 Overlay District Sub-District: (A) Community centers (B) Green markets (C) Indoor amusement facilities up to five-thousand (5,000) square feet in floor area ii. Conditional Uses In addition to the uses permitted by the AC Overlay District, the following additional uses are conditional uses in the AC-1 Overlay District Sub-District: (A) Indoor amusement facilities above five-thousand (5,000) square feet in floor area. However, indoor amusement facilities must not exceed ten-thousand (10,000) square feet. c. Additional Use Regulations and Restrictions In addition to the use standards of Article 20 (Use Standards) the use standards of the AC Overlay District, the following additional use standards apply to the AC-1 Overlay District Sub-District: i. Standard restaurants are limited to five-thousand (5,000) square feet. Standard restaurants must close by 12:00 Midnight on all days of operation.
ii. A live performance venue must not provide to-go cups and ticket sales are limited to the number of seats provided for the performance or the lowest rated capacity of the bar. Standing room only performances are prohibited.
City of New Orleans Comprehensive Zoning Ordinance 18 - 10 DRAFT CZO - 2011 Article 18 Overlay District Zoning Districts
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iii. Bars must not provide to-go cups. Hours of operation for bars are restricted to between 10:00 a.m. and 12:00 Midnight on Sunday through Thursday, and between 10:00 a.m. and 2:00 a.m. on Friday and Saturday. 18.9 RIV RIVERFRONT OVERLAY DISTRICT A. Purpose of the RIV Riverfront Overlay District The RIV Riverfront Overlay District is intended to preserve, create and enhance public views of and access to the Mississippi River and creatively encourage the use of and visual access to the riverfront by encouraging the development of a riverfront promenade, including connections to nearby public rights-of-way, open space and other public amenities. It establishes standards to guide a process to encourage new riverfront development to occur in a manner that minimizes substantial change to existing public views of the riverfront from adjacent public streets and neighborhoods, and enhances the existing riverfront promenade by encouraging a continuous public access along non-industrial portions of the Citys riverfront between Jackson Street and the Industrial Canal. B. Areas of Applicability The RIV Overlay District applies to all lots, excluding those with single-family and two-family dwellings, between: 1. Jackson Avenue to Tchoupitoulas Street Pontchartrain Expressway from the Mississippi River to
2. Canal Street to Esplanade Avenue, from the Mississippi River to N. Peters Street/Decatur Street 3. Esplanade Avenue to the Inner Harbor Navigation Canal, from the Mississippi River to Decatur Street/Chartres Street (includes lots fronting on both sides of Decatur Street and the entire Hebert Naval facility at Poland Avenue) C. Site Plan Review Required Site plan review and approval by the Executive Director of the City Planning Commission is required for any new structure, major renovation or expansion within the RIV Overlay District. D. General Design Standards Any new structure, major renovation or expansion within the RIV Overlay District is subject to the following general design standards: 1. Within any yards of the development and the public right-of-way adjacent to the development, special finishes should be included as part of a cohesive streetscape design. These include coordinated special paving, design treatments for pedestrian level street lighting and street furniture. The streetscape design must be coordinated with the building design. 2. Where possible, loading and service areas must be internal to the development block and accessed through service corridors and not through pedestrian-oriented streets.
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E. Protection of View Corridors 1. No development may be located to block the view of the riverfront from any public rightof-way that extends to the riverfront or terminates prior to reaching the riverfront, but is within or abuts the boundaries of the RIV Overlay District. View corridors must be the same width as the public street, and continue to the riverfront as a straight line extension of the street. This extension may be modified during site plan review. 2. Building projections into any view corridor are limited no greater than ten percent (10%) of the width of the corridor. Such projections may encompass up to a maximum of twenty percent (20%) of the building faade fronting the corridor. 3. Landscaping, exterior lighting or other public amenities may be located within the view corridor to enhance the environment. 4. When permitted in the base zoning district, parking lots and structures are permitted within a view corridor, provided that such parking does not encroach into the twelve (12) foot minimum public access areas and those access areas are maintained. F. Standards for River Side of Floodwall 1. Riverfront Promenade a. A public access promenade must be established by a servitude no less than twentyfive (25) feet in width, of which a minimum of twelve (12) feet must be a permanently constructed promenade. Those areas of the twenty-five (25) servitude that do not consist of permanently constructed promenade must be landscaped and maintained in a manner that is visible to the public. The Executive Director of the City Planning Commission may allow a promenade or servitude of lesser width if demonstrated that it is functionally justified. Promenade servitudes must be recorded by the property owner within one (1) month of approval by the Executive Director of the City Planning Commission and a copy of the recordation receipt provided to the Executive Director. b. Servitude improvements must be built and maintained by the property owner. Public access on private property is subject to reasonable rules and regulations as may be promulgated by the owner of such property and agreed to in writing by the Executive Director of the City Planning Commission. The completion of the promenade servitude must coincide with the completion of the adjacent development on the property. c. All public access corridors must be included in the pedestrian promenade servitudes for the property where they are located. Public access corridors are connections between public streets abutting a riverfront property and the promenade established on the property. The widths of such required corridors may vary, but must be a minimum of twelve (12) feet in width and should exceed that width when feasible. They must be open to the public and free of gates or other impeding obstacles. The City may erect signs on these corridors to promote access and rules and regulations for public use. Adequate lighting of these corridors, consistent with the promenade is required. d. No motor vehicles are permitted to use or cross the promenade, except for emergency or invasive repair purposes. Any proposed road crossing of the promenade, either public or private, requires City Planning Commission approval.
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e. No mechanical or service equipment or service access may be located adjacent to the promenade servitude without full permanent screening. 2. Building Orientation Requirements a. Blank walls along the view corridors and the promenade are prohibited. Primary or secondary building entrances are encouraged to be located on facades facing the promenade. The ground floor of commercial uses must maintain a transparency of forty percent (40%). Windows must be constructed of clear or lightly tinted glass. Tinting above twenty percent (20%) or reflective glass is prohibited. No overhead service doors or bays may face the promenade. Loading and service areas must be internal to the development block and accessed through service corridors and not through pedestrian-oriented streets or access corridors.
b.
c.
G. Standards for the Land Side of the Floodwall 1. Buildings should be built along the property lines along the major access corridors. 2. Pedestrian and main entrances must be located on the major corridor. Curb cuts should be located on the side streets, where possible. 3. Except for single-family and two-family dwellings, buildings must contain ground floor non-residential uses. 4. Building facades must contain variation in faade materials, offsets, fenestration, etc. in order to eliminate blank walls along the corridors. 5. Developments should contribute to traffic signaling or lane striping as necessary. 6. Buildings must be designed with galleries, awnings, canopies and other weather protection devices. 7. Historic buildings should be retained and reused to the greatest extent possible. H. Nodal Area Design Standards and Bonuses Certain nodal areas along the riverfront act as gateways to the riverfront and should improve the pedestrian environment through special design features. Incorporating superior design features may qualify the site to an increase in the height limit up to seventy-five (75) feet, subject to administrative site plan review approval. In general, the access nodes have effect in a two (2) block direction from the identified access nodes at Elysian Fields Avenue, Press Street and Poland Avenue. In order to qualify for the height increase, the development must meet the following three (3) standards. 1. Public open space, public plazas or sidewalk/open air cafes are included in the development. 2. Developments stepback the building faade fifteen (15) feet above the second floor before. 3. Developments either utilize energy efficient design or other innovative sustainable design characteristics, or contribute to new floodwall bridges, rail crossings or other access improvements to the riverfront.
City of New Orleans Comprehensive Zoning Ordinance 18 - 13 DRAFT CZO - 2011 Article 18 Overlay District Zoning Districts
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ARTICLE 19. INTERIM ZONING DISTRICTS

19.1 19.2 19.1 PURPOSE STATEMENT INTERIM ZONING DISTRICT PROCESS PURPOSE STATEMENT An interim zoning district is intended to provide temporary regulations within the boundaries of designated areas, notwithstanding existing zoning applicable to the area, pending determination of public policy for public or private development within the boundaries of the area. An interim zoning district may be established to support development, or to allow implementation of a more comprehensive plan for the subject area, and is intended further to prevent establishment of uses which are incompatible with such plan for the duration of the interim zoning district. The regulations applicable within the interim district for its duration must be in accord with an existing or proposed comprehensive area plan. 19.2 INTERIM ZONING DISTRICT PROCESS A. Applicability An interim zoning district may be applied to any area of the City, upon appropriate demonstration of public need and in accordance with the procedures set forth in this section. An interim zoning district is allowed in cases where the City Planning Commission has adopted a plan which requires zoning adjustments to give it effect. B. Nature and Effect of District 1. Amendment of Zoning Map Establishment of an interim zoning district constitutes an amendment of these zoning regulations. The boundaries of interim zoning districts must be placed and identified on the Official Zoning Map once the ordinances creating such districts become effective. 2. Governing Regulations Notwithstanding any contrary provisions contained in the zoning district regulations underlying the interim zoning district, the use or development of any land, or the use of any structure, or the construction, enlargement or alteration of any structure, within the district must conform to the regulations set forth in the interim zoning district for the period of its duration. 3. Duration a. An interim zoning district is approved for a term of one (1) year and then may be extended for no more than two (2) additional periods of one hundred eighty (180) days each. Any extensions must be approved by the City Planning Commission. b. After expiration, no interim zoning district or similar prohibition of substantially the same legal effect on substantially the same geographic area may be imposed until at least one (1) year after the expiration of the prior moratorium ordinance, interim zoning district, or other temporary prohibition. c. Following expiration of the interim zoning district regulations, including any period of extension, the City Council must repeal the interim zoning district regulations and authorize the removal of the boundaries of the district from the Official Zoning Map.
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C. Procedure 1. The zoning text amendment creating an interim zoning district must be adopted in accordance with the procedures of Section 4.2 (Zoning Amendments). Except as otherwise provided in this section, an interim zoning district for a particular area must be established on the zoning map. The City Council may initiate a zoning amendment to create an interim zoning district through adoption of a motion requesting the City Planning Commission to consider an amendment to this Ordinance to create an interim zoning district. 2. The ordinance establishing the interim zoning district must incorporate regulations addressing the following factors: a. Intent of the interim zoning district. b. Delineation of interim district boundaries. c. Uses permitted. d. Limitations on uses. e. Land use intensity, yard, lot area, and similar requirements. f. Special provisions necessary to the accomplishment of the intended intent and purpose of the district (i.e. landscaping requirements, site plan review, etc.).
g. Submittal requirements, if any. h. Appeal procedure, either to the Board of Zoning Adjustments or the City Council. 3. Upon adoption of the City Councils motion authorizing the City Planning Commission to conduct a public hearing to consider an amendment to this Ordinance to create an interim zoning district, all appropriate agencies must refuse to accept any new applications for permits that are in conflict with the intent and provisions of the proposed interim zoning district. There are no appeals. However, applications determined to be complete and received prior to adoption of such motion, may be reviewed and processed under existing regulations. 4. Variances to interim zoning district standards must be in accordance with the procedures of Section 4.5 (Variances). In addition to the standards for variances, the Board of Zoning Appeals must consider the following: a. The granting of the variance is not inconsistent with the general intent of the interim zoning district. b. Harmony and compatibility with adjacent land uses would not be adversely affected.
c. Special conditions and circumstances exist which are peculiar to the land or structures and are not applicable to other land or structures in the interim zoning district.
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ARTICLE 20. USE STANDARDS

20.1 20.2 20.3 20.1 PURPOSE USE OF LAND AND BUILDINGS USE STANDARDS PURPOSE The purpose of this Article is to set forth additional requirements for certain uses of land. These standards are intended to ensure that the use is compatible with the surrounding area. 20.2 USE OF LAND AND BUILDINGS A. A structure or land must be used or occupied in conformity with the regulations for the zoning district in which it is located. B. The use standards of this section apply to uses allowed in the zoning districts, whether considered permitted or conditional. Uses must comply with all other standards of this Ordinance, including any design standards of the zoning district. C. Noncompliance with any of these use standards, including any required impact management plans and operation plans, is considered a violation of this Ordinance and subject to enforcement provisions. [NOTE: Once a Neighborhood Participation Program is adopted, the use standards will be adjusted to reflect any required notifications to and consultations with neighborhoods for those uses identified by the NPP.] 20.3 USE STANDARDS A. Abuse Addiction Treatment Facility Abuse Addiction Treatment Facilities must conform to the regulations of the Louisiana Administrative Code. B. Adult Use 1. Adult uses are prohibited within a thousand (1,000) foot radius of any residential district, place of worship, educational facility, and park or playground. This regulation does not apply to adult uses in the Vieux Carr Service and Entertainment Districts where adult uses are allowed by this Ordinance. 2. Structures are limited to one (1) type of adult use. 3. Structures where sexually-oriented devices are sold, distributed, exhibited or contained are limited to one (1) type of adult use. 4. Adult uses are also regulated by the City Code. C. Airport, Heliport, Helistop and Seaplane Base 1. Facilities must comply with all Federal Aviation Administration requirements. All documentation must be submitted as part of a zoning application and prior to issuance of a building permit.
City of New Orleans Comprehensive Zoning Ordinance 20 - 1 DRAFT CZO - 2011 Article 20 Use Standards
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2. Any structures for such facilities must be set back a minimum of fifty (50) feet from all residential property lines. D. Amusement Facility, Indoor or Outdoor 1. An indoor or outdoor amusement facility must submit the following impact management plans: a. A parking and loading management plan. If parking is not required, a parking management plan is not required, but a loading management plan must be submitted. b. A security plan. c. A litter abatement and trash disposal plan. d. A noise abatement plan. 2. A indoor or outdoor amusement facility must submit the following operation plans: a. Days and hours of operation. b. The size of the establishment. For outdoor recreation and entertainment facilities, a site plan is required showing all areas of outdoor activity. c. Exterior lighting design. e. Maximum occupancy loads. 3. If a standard restaurant or bar is allowed within the zoning district, such uses may be included as part of the indoor amusement facility so long as separate approval is obtained for the standard restaurant or bar. If alcohol is served, the applicant must submit a summary of the number and location of places of worship, educational facilities, and parks or playgrounds within three-hundred (300) feet of the proposed location. 4. The location, arrangement, size, design and general site compatibility of structures, and lighting, must be compatible with, and mitigate any potential impact upon, adjacent property. 5. Screening and buffering must be used to mitigate the impact of the development on adjacent uses by certain site elements, such as parking lots or outdoor recreation areas, and creating a logical transition to adjoining lots and developments. 6. Circulation systems and off-street parking must be designed to: a. Provide adequate and safe access to the site for motor vehicles as well as alternate modes of transportation, including pedestrians and bicyclists. b. Minimize potentially dangerous traffic movements. c. Separate pedestrian and auto circulation, and provide for bicycle parking or storage insofar as practical.
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d. Clearly define pedestrian access from the parking area to the building(s). A clearly defined visible and identifiable network of pedestrian connections must be provided in and between parking lots, street sidewalks, open spaces and buildings. 7. Retail sales of alcoholic beverages for consumption off-premises are prohibited. 8. Lighting provided for any outdoor amusement facility must be directed away from adjacent properties. 9. If the use plans an increase in intensity, such as an expansion of floor area or increase in permitted occupancy, the impact management plans and operation plans must be updated and resubmitted for approval. Revised impact management plans and operation plans must be approved prior to the issuance of any permits. 10. Impact management plans and operation plans may be revised by the property owner or person authorized in writing by the owner. New plans must be resubmitted for approval. E. Artist Community 1. An artist community must be located on a site a minimum of one (1) city square in all districts except the Rural Residential Districts. In the Rural Residential Districts, an artist community must be located on a site of a minimum of two and one-half (2.5) acres. 2. Guest artist quarters, which may house multiple artists, are limited to one (1) per acre of site area and must meet the requirements of the zoning district, including bulk and yard requirements and building design standards 3. The minimum yard regulations for the underlying zoning district in which the use is located apply to all buildings. 4. Public exhibition spaces must be setback at least ten (10) feet from public rights-of-way and one-hundred (100) feet from any residentially zoned property. 5. Aggregate floor area of public exhibition spaces is limited to fifteen-thousand (15,000) square feet. 6. The minimum stay for a visiting artist participating in the program is thirty (30) days. 7. Artist communities may include facilities for artisan manufacturing. F. Bar 1. A bar must submit the following impact management plans: a. A parking and loading management plan. If parking is not required, a parking management plan is not required, but a loading management plan must be submitted. b. A security plan. For a bar with an outdoor component, the required security plan must include provisions regarding how the facility will control the sales of alcoholic beverages to ensure consumption on-premises. However, if the bar is permitted to serve to go cups, this is not required. c. A litter abatement and trash disposal plan. d. A noise abatement plan.
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2. A bar must submit the following operation plans: a. Days and hours of operation. b. The size of the establishment. c. If outdoor seating is part of the establishment, the number and location of seats, tables and other furniture proposed for outdoor seating. d. Exterior lighting design. e. Maximum occupancy loads. f. If the bar contains a brewing facility on-site, a floor plan indicating the area reserved for brewing and a description of the facility and capacity.
4. Bars must submit a summary of the number and location of place of worships, educational facilities, and parks or playgrounds within three-hundred (300) feet of the proposed location. 5. Retail sales of alcoholic beverages for consumption off-premises are prohibited. 6. Bars with live entertainment are also subject to the standards of this Article. Live entertainment is a separate principal use and subject to separate approval. 7. If the bar use plans an increase in intensity, such as an expansion of floor area or increase in permitted occupancy, the impact management plans and operation plans must be updated and resubmitted for approval. Revised impact management plans and operation plans must be approved prior to the issuance of any permits. 8. Impact management plans and operation plans may be revised by the property owner or person authorized in writing by the owner. New plans must be resubmitted for approval. G. Bed and Breakfast 1. General Regulations (All Types) a. Proof of owner occupancy must be established by submission of proof of a homestead exemption. If more than one (1) building exists on a lot or two (2) or more contiguous lots historically acquired together, and the second building was originally constructed and has been used for habitable space, as defined by the Building Code, at least five (5) years prior to the establishment of the bed and breakfast, then it may be included in the operation of the bed and breakfast. b. Facility operators of bed and breakfast uses must obtain a use and occupancy certificate from the Department of Safety and Permits subject to the City Code requirements for minimum floor area, which is subject to annual inspection and renewal. Operators must also obtain an Occupational License from the Bureau of Revenue, when applicable. c. A current certificate of liability Insurance must be posted on the premises. d. Facilities may provide continental breakfast food service only, with foods purchased from a licensed food seller (caterer or bakery) and served as is or only warmed at the bed and breakfast facility.
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e. Cooking facilities are prohibited in individual guest accommodations. f. Leasing of a common dining area for social events is prohibited, except in the Destination Districts where all off-street parking must be provided for a meeting and/or reception area and must comply with the noise ordinance and other provisions of the City Code.
g. Exterior signs must comply with applicable sign regulations for the zoning district. 2. Bed and Breakfast Family Home Total guest room floor area in a bed and breakfast family home is limited to fifteen percent (15%) of the total floor area of the structure. 3. Bed and Breakfast Guest Home Total guest room floor area in a bed and breakfast guest home is limited as follows: a. Three (3) rooms: twenty percent (20%) of the total floor area of the structure. b. Four (4) rooms: twenty-five percent (25%) of the total floor area of the structure. 4. Bed and Breakfast Inn a. No other bed and breakfast inn is permitted within a five-hundred (500) foot radius of an existing bed and breakfast inn. b. Total guest room floor area in a bed and breakfast inn is limited as follows: i. Five (5) rooms: thirty percent (30%) of the total floor area of the structure.
ii. Six (6) rooms: thirty-five percent (35%) of the total floor area of the structure. iii. Seven (7) rooms: forty percent (40%) of the total floor area of the structure. iv. Eight (8) rooms: forty-five percent (45%) of the total floor area of the structure. v. Nine (9) rooms: fifty percent (50%) of the total floor area of the structure. 5. Bed and Breakfast Historic Home a. A Certificate of Appropriateness must be issued by the Historic District Landmarks Commission. b. Total guest room floor area in a bed and breakfast historic home is limited as follows: i. One (1) or two (2) rooms: fifteen percent (15%) of the total floor area of the structure.
ii. Three (3) rooms: twenty percent (20%) of the total floor area of the structure. iii. Four (4) rooms: twenty-five percent (25%) of the total floor area of the structure. iv. Five (5) rooms: thirty percent (30%) of the total floor area of the structure.
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v. Six (6) rooms: thirty-five percent (3%) of the total floor area of the structure. vi. Seven (7) rooms: forty percent (40%) of the total floor area of the structure. vii. Eight (8) rooms: forty-five percent (45%) of the total floor area of the structure. viii. Nine (9) rooms: fifty percent (50%) of the total floor area of the structure. H. Car Wash 1. All wash-water generated from the car wash must be discharged into the sewer system. a. Discharged wash-water must be adequately treated to meet the Sewerage and Water Boards discharge requirements. b. For outdoor wash areas without walls or a roof, the following standards apply: i. The area must be impervious and graded to collect all wash-water in a drain system, and constructed as a spill containment pad to prevent the run-on of stormwater from adjacent pavement areas. The containment pad should be sized to extend out a minimum of four (4) feet on all sides of the vehicles or equipment being washed.
ii. The area must discharge to a municipal sewer system, a treatment facility or a dead-end sump for transportation to the nearest treatment facility. iii. The area must discharge through a pipe that has a positive control valve (manual or automatic) that is shut when washing is not occurring. This prevents the entry of stormwater. Signs should be posted to inform people of the operation and purpose of the valve. 2. The hours of operation are limited to 7:00 a.m. until 8:00 p.m. 3. The site must be fenced with an open fence along the lot line that abuts the right-of-way and opaque fencing a minimum of seven (7) feet in height along all other lot lines. A continuous thirty (30) inch-high evergreen hedge must be installed along the fence located along the right-of-way. 4. The fence must be locked between the hours of 8:00 p.m. and 7:00 a.m. to prevent access to the site. 5. For car washes staffed with an attendant, an attendant must be on duty during hours of operation. A structure for the attendant on duty must be provided. The structure and all car wash facilities and bays must be securely locked when the operation is closed. 6. For unattended car washes, a security system must be installed including a closed circuit security camera (CCTV). Such camera must monitor all areas of the car wash. The CCTV must have a minimum recording capacity of twenty-four (24) hours and must archive footage for a minimum of thirty (30) days. 7. A litter and noise abatement plan is required for the facility with a contact person designated to notify for violations.
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8. All car wash structures must comply with the building design standards for the zoning district, including permitted building materials. All structures must be designed with windows that allow for visibility to all parts of the site. 9. Lighting provided for the site must be directed away from adjacent properties. I. Casino 1. All traffic and transportation impacts that deteriorate the level of service lower than level D on the surrounding street system must be mitigated to a level of service of level D or better as determined by the Department of Public Works. 2. Evidence that the casino's security system, management and game regulations have been approved by the Louisiana Gaming Board (or its successor) and/or the Louisiana State Police must be submitted. 3. There is no maximum limit on the number of parking spaces, except where a maximum is established by the Executive Director of the City Planning Commission in relation to street capacities and circulation plans. The location of all required parking is subject to review and approval by the Executive Director of the City Planning Commission in coordination with the Department of Public Works. The requirements of this paragraph are supersede any parking requirements of this Ordinance. 4. A traffic circulation and parking plan is required for tour buses, taxis and other for-hire vehicles, satisfactory to the Department of Public Works, as evidenced by a letter of approval from the Director of the Department of Public Works, which must be made a part of the final drawings submitted for approval to the Executive Director of the City Planning Commission. Loading, off-street parking and queuing locations are not part of the required off-street parking or loading for the casino, and may be located off-site from the casino at a location or locations approved by the Executive Director of the City Planning Commission staff and the Department of Public Works. 5. During construction of the casino, the casino may display construction signs at the casino site only, to announce the opening of the casino. The casino is permitted up to a total of seven (7) such signs, each sign no greater than three-hundred (300) square feet, for a total square footage not to exceed one-thousand six-hundred (1,600) square feet. All signs and locations must be approved by the Executive Director of the City Planning Commission. The signs are only permitted during the construction of the casino and must be removed prior to the opening of Phase I of the casino. J. Cemetery 1. A cemetery and/or mausoleum must be located on a site a minimum of five (5) acres, and enclosed by a masonry or iron fence, or a combination of masonry and iron fence, or a wall not less than four (4) feet in height along all property lines. 2. Cemeteries and mausoleums are permitted the following accessory uses: a storage building for the storage of maintenance equipment used in maintaining cemeteries, a caretakers house, an administrative office, a crematorium and a chapel. 3. The yard requirements of the zoning district are applicable to cemeteries. However, any yard abutting a residential district must be at least ten (10) feet.
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4. The height regulations of the zoning district are applicable to cemeteries. However additional height is permitted up to fifty (50) feet when one (1) foot of additional setback is provided on all sides of a structure for each additional one (1) foot of height in excess of the district height limitations. 5. Crematoriums must be located at least one-hundred (100) feet from any public street, two-hundred (200) feet from any residential district, one-hundred (100) feet from any destination district, and twenty (20) feet from any other lot line. 6. A storage building or storage area for maintenance equipment may not exceed thirty-five (35) feet in height unless it is part of a structure of greater permitted height. Such structure must be located at least one-hundred (150) feet from any residential district. The structure is limited to five-thousand (5,000) square feet in gross area. 7. A caretakers dwelling must not exceed the height limitation of the district within which it is located, unless it is part of a structure of greater permitted height. 8. Structures and areas for cutting, engraving and marking of headstones and grave markers, and all materials used in conjunction therewith, must be located at least twohundred (200) feet from any residential or commercial district. 9. Administrative offices or chapels must be at least ten (10) feet from the right-of-way, onehundred (100) feet from any residential district, and twenty (20) feet from any other lot line. The aggregate gross floor area of all such structures must not exceed fifteenthousand (15,000) square feet and must not have direct access to or from a public rightof-way. 10. Only one (1) sign, a maximum of twenty-five (25) square feet in area, is permitted at each entrance of the cemetery or mausoleum site. One (1) additional sign, a maximum of ten (10) square feet in area, is permitted for each mausoleum not located within a cemetery, but located as a separate entity and having direct access to a public right-of-way from the mausoleum site. 11. All entrances and exits to the cemetery or mausoleum site from a public street must be approved by the Department of Public Works. 12. All cemetery property, including all structures, must be landscaped and properly maintained. 13. Existing cemeteries and mausoleums, their structures and accessory appurtenances, as well as their use, may be maintained, structurally altered or enlarged within the existing boundaries of such cemeteries and/or mausoleums. Within the boundaries of the cemetery or mausoleum property, further development and use may be made for cemetery purposes of existing cemetery and/or mausoleum property, including the building, maintenance, alteration, extension, enlargement, operation and use of burial plots, tombs, vaults, mausoleums, columbariums, administrative offices, flower shops, mortuaries, crematoriums, signs, chapels, maintenance facilities, greenhouses, warehouses, and living quarters for sextons and caretakers. Such alterations must meet the following standards.
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a. Structures fourteen (14) feet or less in height must meet the following setback requirements: i. Located at least five (5) feet from any lot line that abuts the side yard of a residential district.
ii. Located at least five (5) feet from any lot line that abuts the rear yard of a residential district unless the structure is constructed on the common lot line. iii. Located at least ten (10) feet from any lot line that abuts a public street except as provided in Paragraph 13.e below. b. A structure in excess of fourteen (14) feet, but not more than thirty (30) feet in height, must be fifteen (15) feet from any public right-of-way or ten (10) feet from any residential district. c. A structure in excess of thirty (30) feet in height must be at least twenty (20) feet plus one (1) foot for each additional foot in height in excess of thirty (30) feet from any public right-of-way and residential district. d. All cemetery property must be landscaped and permanently maintained. e. Where the boundaries of an existing cemetery and/or mausoleum comprise an entire square and there exists at the time of the effective date of this Ordinance one (1) or more structures located on the lot line abutting a public street, future buildings or structures may be constructed on the lot line to a height not to exceed fourteen (14) feet. f. No new construction may reduce the number of existing off-street parking spaces, if any. This provision does not require more than the maximum off-street parking required by this Ordinance.
g. Any new construction of any burial plots, tombs, vaults, mausoleums or columbariums may require the establishment of a perpetual care fund or provision for the maintenance of such facilities under an existing perpetual care fund, as regulated under the applicable laws of the State of Louisiana. K. Check Cashing Establishment, Pay Day or Title Loan Establishment and Pawn Shop 1. A check cashing establishment, pay day or title loan establishment or pawn shop is not permitted within one-thousand (1,000) feet of any other check cashing establishment, pay day or title loan establishment and/or pawn shop. 2. Drive-through facilities are prohibited. L. Community Center, Cultural Facility and Public Works and Safety Facilities Stand-alone community centers, cultural facilities and public works and safety facilities must meet the requirements of this section. Those centers and facilities located within multi-use structures are exempt from these requirements. 1. Community centers and cultural facilities must be designed to be pedestrian-oriented with main entrances oriented toward the sidewalk. The location of entrances and exits, exterior lighting, service areas, and parking and loading facilities must be designed to
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minimize traffic congestion, pedestrian hazards, and adverse impacts on adjoining properties. 2. All plans for these facilities must be submitted for administrative site plan review. 3. The location, arrangement, size, design and general site compatibility of buildings, and lighting, must be compatible with, and mitigate any potential impact upon, adjacent property. 4. Screening and buffering must be used to mitigate the impact of the development on adjacent uses by certain site elements, such as parking lots or outdoor recreation areas, and creating a logical transition to adjoining lots and developments. 5. Circulation systems and off-street parking must be designed to: a. Provide adequate and safe access to the site for motor vehicles as well as alternate modes of transportation, including pedestrians and bicyclists. b. Minimize potentially dangerous traffic movements. c. Separate pedestrian and auto circulation, and provide for bicycle parking and storage near main entrances. M. Community Garden 1. Community gardens are limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing and harvesting of any agricultural, floricultural or horticultural commodity. 2. Keeping of livestock or other animals and apiaries are prohibited. 3. Prior to the establishment of the community garden, soil testing is required to measure nutrients, heavy metals and any other harmful contaminants that may be present if crops are to be grown in the ground. The applicant must submit to the Department of Safety and Permits the soil testing results and proposed remediation methodology. Alternatively, the applicant may use raised planter boxes for all plants, in which case soil testing is not required. 4. Open fences of a minimum of five (5) feet in height are required along the front and corner side lot line. Decorative fences are encouraged along the front and corner side lot lines. Six (6) foot solid fences are required along the interior side and rear lot lines. Fences must be locked during the hours of 8 p.m. and 5 a.m. 5. The following accessory structures and uses are permitted in a community garden: a. Farmstands, limited to sales of items grown at the site. Permanent farmstands must be designed as coordinated structures, with an open wall design. Temporary farmstands must be removed from the premises or stored inside a structure on the premises when items are not offered for sale. Farmstands may not exceed fifteen percent (15%) of the site area. b. Greenhouses, hoop-houses, cold-frames, and similar structures used to extend the growing season. c. Signs limited to identification, information and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted
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information on any particular sign, in conformance with the sign regulations of this Ordinance. d. Benches, bike racks, compost bins, picnic tables, public art, and rain barrels. e. Tool sheds, shade pavilions, rest-room facilities with composting toilets, and planting preparation houses. 6. The maximum height of any structure is fourteen (14) feet. All structures must comply with the underlying zoning district regulations. 7. The site is designed and maintained so that water and fertilizer will not drain onto adjacent property. 8. The use of herbicides and weed killers is prohibited. 9. Areas of dry, loose soil that may be moved by wind must be covered by mulch or plastic or otherwise confined. N. Contractor Storage Yard and Outdoor Storage Yard 1. Contractor storage yards and outdoor storage yards must have a minimum ten-thousand (10,000) square feet of lot area. 2. All outdoor storage must comply with the screening and buffering requirements of this Ordinance, including a seven (7) solid foot fence surrounding all outdoor storage areas. 3. The outdoor storage area should be located to the rear of the lot where possible. All structures must be located towards the front of the lot, in compliance with the front yard of the underlying zoning district. 4. Outdoor storage areas must be surfaced, graded and drain all surface water. Outdoor storage areas may be surfaced with partially permeable materials, if adequate drainage and erosion and dust control are provided. 5. Any lighting used to illuminate an outdoor storage area must be directed and shielded as to not illuminate any adjacent residential areas. O. Day Care Center, Adult or Child 1. General Requirements a. Each day care center must comply with all applicable state and federal regulations, including regulations within the Louisiana Administrative Code. b. The operator of any day care center must be licensed by the State of Louisiana. c. The number of children or adults permitted in a day care center is as follows: i. Day Care Center, Small: Up to twelve (12) children or adults
ii. Day Care Center, Large: Thirteen (13) to thirty (30) children or adults iii. Day Care Center, Commercial: Thirty-one (31) or more children or adults
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2. Child Day Care Center a. No child may remain on the premises of a child day care center for more than twentyfour (24) consecutive hours in one (1) stay. b. The following square footage of available indoor and outdoor play/instruction area is required for each child day care center: i. A minimum of thirty-five (35) square feet per child of available indoor play/instruction area, which includes all indoor classrooms and play areas available for use by the children, but does not include hallways, office space, restrooms, storage or food preparation areas. If rooms are used exclusively for dining or sleeping, they are not included in the play/instruction area.
ii. A minimum of thirty-seven and one-half (37.5) square feet per child of available outdoor play area. The outdoor play area includes all outdoor play areas on the site available for use by the children, but does not include any area within the required front yard. This requirement is not subject to variances. The CBD Districts are exempt from this requirement. c. An on-site drop-off and/or residential passenger zone is required. Stacked parking is permitted. The use of van or bus service is encouraged. d. A child day care center may not be located within three-hundred (300) feet of another child day care center, excluding any child day care center that is accessory to another principal use, such as an educational facility or place of worship. The Historic Core and Central Business District Districts are exempt from this requirement. e. The outdoor play area must meet the following regulations: i. The outdoor play area must be enclosed to protect the children from traffic hazards on- and off-site and prevent the children from leaving the premises without proper supervision.
ii. If the child day care center is located adjacent to a residential district there must be a six (6) foot solid fence around the play area adjacent to any abutting property line. Security fences must be provided where there are open cisterns, wells, ditches, fish ponds and swimming pools, and to separate the parking from any play area. iii. A shade device (shade trees, overhangs, etc.) must be provided within the outdoor play area. Twenty-five percent (25%) of the outdoor area must be shaded. iv. Play equipment appropriate to the needs of the children must be supplied in sufficient quantity to allow access by each of the children at the child care facility. The equipment must be maintained in good repair, and must encourage active physical play (for example, swings, climbing apparatuses, and wheel-toys). There must be a soft surface (sand, mulch, grass, mats, etc.) under all climbing equipment.
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3. Adult Day Care Center a. An adult day care center must not allow any adult to remain on the premises for more than twenty-four (24) consecutive hours in one (1) stay. b. A minimum of twenty-five (25) square feet of indoor space must be provided for each adult at the center, exclusive of kitchens, bathrooms, offices, halls, stairways, and storage areas. c. If no elevator is available, all programs and activities must be located on the ground floor. d. An on-site drop-off and/or residential passenger zone is required. Stacked parking is permitted. The use of van or bus service is encouraged. P. Day Care Home, Adult or Child 1. General Requirements a. Each day care home must comply with all applicable state and federal regulations, including the Louisiana Administrative Code. b. The amount of traffic or noise to be generated must not be excessive. c. The day care home must retain a residential character and must not alter the residential character of the neighborhood. d. The operation of the day care home must not adversely impact surrounding properties. e. An on-site drop-off and/or residential passenger zone must be provided. A residential driveway may be acceptable for this purpose, but may not be shared with any required parking area. The drop-off area must be located so that clients of the facility are dropped off in front of the facility; drop-off areas located across the street from the facility do not meet this requirement. f. The number of children or adults permitted in a day care home is as follows: i. Day Care Home, Small: Up to five (5) children or adults
ii. Day Care Center, Large: Six (6) or more children or adults 2. Child Day Care Home a. No child may remain on the premises of a child day care home for more than twentyfour (24) consecutive hours in one (1) stay. b. The following square footage of available indoor and outdoor play/instruction area is required for each child day care home: i. A minimum of thirty-five (35) square feet per child of available indoor play/instruction area, which includes all indoor classrooms and play areas available for use by the children, but does not include hallways, office space, restrooms, storage or food preparation areas. If rooms are used exclusively for dining or sleeping, they are not included in the play/instruction area.
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ii. A minimum of thirty-seven and one-half (37.5) square feet per child of available outdoor play area. The outdoor play area includes all outdoor play areas on the site which are available for use by the children, but does not include any area within the required front yard. This requirement is not subject to variances. c. The outdoor play area must meet the following regulations: i. The outdoor play area must be enclosed to protect the children from traffic hazards on- and off-site and prevent the children from leaving the premises without proper supervision.
ii. If the child day care center is located adjacent to a residential district there must be a six (6) foot solid fence around the play area adjacent to any abutting property line. Security fences must be provided where there are open cisterns, wells, ditches, fish ponds and swimming pools, and to separate the parking from any play area. iii. A shade device (shade trees, overhangs, etc.) must be provided within the outdoor play area. Twenty-five percent (25%) of the outdoor area must be shaded. iv. Play equipment appropriate to the needs of the children must be supplied in sufficient quantity to allow access by each of the children at the child care facility. The equipment must be maintained in good repair, and must encourage active physical play (for example, swings, climbing apparatuses, and wheel-toys). There must be a soft surface (sand, mulch, grass, mats, etc.) under all climbing equipment. 3. Adult Day Care Home a. No overnight stays are permitted. b. A minimum of twenty-five (25) square feet of indoor space must be provided for each adult at the day care home, exclusive of kitchens, bathrooms, offices, halls, stairways and storage areas. Q. Drive-Through Facility A drive-through facility is considered a separate principal use, rather than accessory to the principal use, and is subject to the following standards: 1. In the Historic Core and Historic Urban Neighborhoods, a drive-through use must have a minimum of ten-thousand (10,000) square feet of lot area in order to have a drive-through facility. In all other districts, where drive-through facilities are allowed, the use must have a minimum of twenty-thousand (20,000) square feet. 2. All drive-through facilities must provide adequate stacking spaces, in accordance with Article 22 (Off-Street Parking and Loading). 3. All drive-through lanes must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets. 4. No exterior lighting will produce a glare into, or upon, the surrounding area or any residential premises.
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5. All drive-through facilities must be properly screened. Drive aisles of drive-through facilities must be effectively screened from view along the public right-of-way and at the edges of sites adjacent to residential properties in order to minimize the impact of exterior site lighting, headlight glare and any menu intercom displays. Such screening must consist of an opaque masonry wall (stone, stucco or brick), a solid wood or simulated wood screen fence or dense evergreen hedge at least six (6) feet in height. Plant materials must be installed along the fence or wall to provide a softening effect. 6. Drive aisles must be separated from landscaped areas by a six (6) inch curb. 7. The volume on all intercom menu displays must be maintained at a level so as not to be audible in adjoining residential districts. The volume on all intercom menu displays must comply with all local noise regulations. 8. The operator of the drive-through facility must provide adequate on-site outdoor waste receptacles and provide daily litter clean-up of the facility and along the rights-of-way abutting the property. 9. A traffic impact management plan is required. R. Educational Facility (All Types) An educational facility must be designed so that the location of entrances and exits, exterior lighting, outdoor recreation areas, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards and adverse impacts on adjoining properties. The following standards must be met: 1. All plans for these facilities must be submitted to the Executive Director of the City Planning Commission for site plan review prior to final approval. 2. Educational facilities are subject to the yard and bulk standards for non-residential uses within the zoning district they are located in. 3. Educational facilities must be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjoining properties. 4. The location, arrangement, size, design and general site compatibility of buildings, and lighting, must be compatible with, and mitigate any potential impact upon, adjacent property. 5. Screening and buffering must be used to mitigate the impact of the development on adjacent uses by certain site elements, such as parking lots or outdoor recreation areas, and creating a logical transition to adjoining lots and developments. 6. Circulation systems and off-street parking must be designed to: a. Provide adequate and safe access to the site for motor vehicles as well as alternate modes of transportation, including pedestrians and bicyclists. b. Minimize potentially dangerous traffic movements. c. Separate pedestrian and auto circulation and provide for bicycle parking or storage.
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d. Clearly define pedestrian access from the parking area to the building(s). A clearly defined visible and identifiable network of pedestrian connections should be provided in and between parking lots, street sidewalks, open spaces and buildings. 7. A General Development Plan must be submitted to the city to address the general layout of the entire area, which includes the following: a. A site plan for development of the entire campus, including the location, square footage and building heights of all existing and proposed structures and uses intended. b. A landscaping plan, including all open space and yards. c. A master sign plan, including on-site identification and directional signs, and proposed off-site directional sign plan d. Internal traffic circulation plans, including traffic ingress and egress locations, pedestrian circulation, bicycle circulation and student pick-up locations for primary and secondary educational facilities. e. f. The location and capacity of all off-street parking and loading spaces. Estimates of traffic load impact on the surrounding public street system.
S. Emergency Homeless Shelter Emergency homeless shelters must conform to the regulations of the Louisiana Administrative Code. T. Employment Services 1. A minimum of six-hundred (600) square feet of client waiting area within the building, including seating must be provided. 2. Supervised on-site, enclosed outdoor space must be provided to accommodate the anticipated number of laborers. Indoor and outdoor accommodations must be open a minimum of two (2) hours before assembly. 3. Adequate restroom facilities must be provided for clients within the building in accordance with City Code. The use of temporary or portable restrooms is prohibited. 4. Call-times must be posted outside of premises no less than two (2) hours prior to opening. 5. Sleeping accommodations are prohibited on premises. 6. A minimum distance of one-thousand (1,000) feet is required between employment service establishments . U. Fairgrounds 1. Fairgrounds must be located on a site a minimum of ten (10) acres in size. 2. All structures must be set back twenty (20) feet from the public right-of-way and fifty (50) feet from a residential district property line.
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3. All parking areas must be set back twenty (20) feet from a residential district property line. 4. Fairgrounds must comply with the following fence requirements: a. Where a structure or parking area abuts a public right-of-way or residential district property line, a masonry fence or a fence constructed of redwood, cedar or cypress boards placed vertically, edge to edge, must be provided. b. When the fence is located along the residential district property line, the fence must be located on the property line and a minimum of seven (7) feet in height. c. When the fence is located along the public right-of-way, the fence must be located ten (10) feet from the abutting public right-of-way and a minimum of ten (10) feet in height. The ten (10) foot area between a public right-of-way and the fence must be maintained as open space and landscaped. d. A chain wall that extends at least twelve (12) inches below grade and at least six (6) inches above grade must be constructed and maintained as part of the fence to assure that the drainage does not run onto adjacent properties. 5. An internal drainage system must be provided. 6. The activities of the development must not cause negative impacts to occupants of adjoining premises by reason of the emission of odor, fumes or gases, dust, smoke, noise or vibration, light or glare or other nuisances and must comply with all applicable City ordinances. 7. The following standards apply to a horse or dog racetrack included as part of a fairground: a. If a horse or dog racetrack is included as part of the fairgrounds, the City Council, as part of the conditional use approval, must establish hours or permissions for: i. Pari-mutuel wagering
ii. The duration of illumination for field lights and racecourse illumination systems, including standard hours of illumination and hours for night or twilight racing. In case of emergency, such as a horse or jockey injury, there is an automatic exception to the set hours of illumination. The inability of track patrons to exit the parking lot by the set time because of excessive traffic does not constitute an emergency. b. Night or twilight racing for a horse or dog racetrack is limited to two (2) nights per week. c. All field lights and racecourse illumination systems must be directed and placed to minimize the effects on neighboring properties. The systems must not employ candlepower in excess of the minimum actually required for racing events. As part of the conditional use approval, the City Council will select an illumination expert to examine and inspect lighting systems to insure compliance with this provision, to be paid for by the applicant. A plan for all lighting systems must be approved with the application for the conditional use permit.
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d. The racetrack must implement a plan for ingress to and egress from its facilities. The plan must minimize the impact of vehicular and pedestrian traffic in surrounding neighborhoods. Except for existing racetracks, all vehicular and pedestrian gates, driveways or walkways must be closed to the general public during the hours of operation on any day in which race events will be held after 6:30 p.m. except for gates located on a major street. The horse or dog racetrack must provide, at its expense, for personnel to control traffic entering and existing gates on a major street. e. Evidence that all applicable State laws will be complied with, including approval by the Louisiana State Racing Commission, must be provided to the City Council. V. Family Violence Shelter Family violence shelters are subject to the regulations of the Louisiana Administrative Code. W. Flea Market 1. Hours of operation are limited to 8:00 a.m. to 6:30 p.m. 2. The sale of food for consumption on or off the premises will require licensing by the City and approval by the Department of Health. 3. The sale of firearms and/or alcohol is prohibited. 4. In all districts except the Historic Core Districts, permanent open-air flea markets are required to install and maintain fencing or landscaping along three (3) sides of the open market. A landscape plan describing both fencing and landscaping must be reviewed and approved by the Executive Director of the City Planning Commission. X. Fraternity/Sorority 1. Fraternities/sororities must be used and operated by a fraternal or sororal membership organization or association. Organizations or associations for which the chief activity is a service customarily carried on as a business are prohibited. The organization or association must be incorporated under the laws of Louisiana. 2. Fraternities/sororities must be located on the campus of the institution that permits said fraternity/sorority, on a parcel immediately adjacent to the campus, or within onethousand (1,000) feet of the college, university or seminary. 3. No new fraternities/sororities located outside of the university campus are permitted within five-hundred (500) feet of an existing fraternity/sorority. Fraternities/sororities located on the campus of the institution are exempt from this separation requirement. 4. Fraternities/sororities located outside of the university campus must be located on a site of at least five-thousand (5,000) square feet. 5. The number of persons residing in fraternities/sororities must be in accordance with the life safety codes of the City.
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Y. Gaming Boat 1. Gaming boat berths and related land-side support facilities may include a docking terminal, hotel, arena, restaurants and/or retail space. These uses must be situated together so as to form a unified building development compatible with the park or marina environment in which the gaming boat is located. Gaming boat berths and related support facilities must comply with the following requirements: a. Retail space is limited to one percent (1%) of the total floor area of the gaming boat complex. All restaurants and retail space must be physically located within the gaming boat terminal, hotel or arena. b. The waterfront edge, including any public promenade, must remain open to the public. Applicants must show compliance with any applicable open space and public access laws. 2. The following site development criteria are part of the evaluation for a proposed gaming boat berth and related support facilities: a. Development throughout the gaming boat complex must be designed to maximize waterfront views and be harmonious with and respectful of the established manmade and natural environment. b. Buildings and structures must be oriented outward, and provide direct pedestrian access, to the waterfront promenade. c. The development must not exceed sixty-five (65) feet in height. d. Building forms must step down to the waters edge, dramatize views toward the river or lake from the land surfaces, and sculpted to achieve a balanced composition that does not dominate the park or marina environment. e. The design vernacular must adhere to the character and scale of the surroundings and in every aspect remind one of the park or marina environment in which it is located. To that end, architectural details, materials, colors, textures and landscape treatments must be coordinated to provide visual continuity, quality and consistency throughout the development. Furthermore, roof structures must be visually interesting, indicating a regional expression through the use of overhangs, weather protection, or pitched roofs. f. Service and loading functions must be interior to the building(s) or along the building edge least visible to the public.
g. Developments must provide for a pedestrian environment with the use of visually active ground level facades, arcade treatments, balconies, ground level outdoor spaces and pedestrian crossings. h. Alternative design responses that do not meet the above criteria will be considered to the extent they are deemed to be more compatible and aesthetically more sensitive to the park or marina environment in which the development is located.
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i.
Signs must comply with the following i. Signs must be an integral part of the building.
ii. Signs must only identify the building or the main use. iii. Signs must not advertise products, services or activities within the building. iv. Sign colors must be complementary with the building colors. v. No flashing or blinking lighting, or illumination of the signs background surfaces is permitted 3. Applications must include the following items: a. Development plans must include architectural elevations, signs, site design, floor plans and landscaping. b. An economic and fiscal impact assessment, as well as a market study. c. Public facilities and service impact analysis, including sewer, water, drainage, transit, sanitation, garbage and utilities. d. A traffic and transportation impact analysis. Impacts that deteriorate the level of service on the surrounding street system must be mitigated to a level of service approved by the Department of Public Works. Plans must be submitted, subject to the approval by the Department of Public Works, to indicate transit-related facilities, pedestrian circulation patterns, loading areas for tour buses, taxis, etc., and any necessary off-site parking and queuing of these vehicles to meet the projection of the traffic impact analysis. e. Submission of the casino or gaming boats security plan, management and game regulation must be submitted prior to the issuance of a use and occupancy certificate. f. Written proof of application for all required permits from State and Federal authorities, including, but not limited to, the U.S. Army Corps of Engineers, U.S. Coast Guard, Louisiana Department of Natural Resources, and Louisiana Department of Environmental Quality must be submitted.
g. Any other information the Executive Director of the City Planning Commission may require in order to evaluate the economic, social, demographic, environmental or physical impacts of the proposal. Z. Gas Station 1. Gas station canopies must be designed with lighting recessed under the canopy to minimize light pollution. Light intensity directly under the canopy must not exceed ten (10) footcandles at any location. All lighting mounted under the canopy, including auxiliary lighting within signs and panels over the pumps, must be included in the ten (10) footcandle limit.
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2. All gas station driveways must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets. Gas stations are limited to two (2) curb cuts. For a corner lot, curb cuts are restricted to one (1) curb cut on each street. 3. Gas stations may offer convenience items for sale. Retail sales of alcoholic beverages is a separate principal use and is only permitted when allowed in the zoning district. 4. All structures must comply with the building design standards of the zoning district. Public entrances must face the street. Attendant structures must include windows to allow visibility to all parts of the site. 5. Gas stations must be effectively screened from view at the edges of sites adjacent to residential properties in order to minimize the impact of exterior site lighting and headlight glare. Such screening must consist of an opaque masonry wall (stone, stucco or brick), a solid wood or simulated wood screen fence or dense evergreen hedge at least six (6) feet in height. Plant materials must be installed along the fence or wall to provide a softening effect. 6. Gas stations may also include an automatic car wash with one (1) bay. 7. In addition, gas stations may be included accessory to a Minor Motor Vehicle Repair and Service establishment. However, Minor Motor Vehicle Repair and Service areas are subject to the provisions of this Article. 8. A minimum five (5) foot front landscape yard must be provided along the public right-ofway. 9. The volume on any audio component must be maintained at a level so as not to be audible in adjoining residential districts. The volume on any audio component must comply with all local noise regulations. 10. All stormwater runoff from the fueling area must be discharged to the sewer system. a. Stormwater from areas such as roofs and awnings is not permitted to run onto the fuel pump area. b. Fuel pump areas must be constructed as a spill containment pad to prevent the runon of stormwater from adjacent pavement areas. The containment pad must extend at least four (4) feet out from all sides of the fuel pump areas. AA. Green Market 1. Hours of operation are limited to 7:00 a.m. to 7:30 p.m. 2. Size restrictions must be consistent with the retail sales size restrictions in the zoning district, if applicable. 3. Green market facilities cannot protrude onto the public right-of-way or be placed in such a way that customers occupy the sidewalk or the public right-of-way. 4. In all districts except the Historic Core Districts, permanent open air green markets are required to install and maintain fencing or landscaping. The plan must include perimeter landscape yard as required for perimeter parking lot landscape.
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5. The sale of food for consumption on or off the premises requires approval of the Orleans Parish Sanitary and Service Department. BB. Group Home (All Types) 1. Group homes must be licensed by the State of Louisiana. 2. Group homes are subject to all local and federal regulations and the regulations of the Louisiana Administrative Code. 3. Group homes must be located no closer than one-thousand (1,000) feet from any other existing group home, as measured from a point of the lot line on which such use is proposed to be located to the nearest point on the lot line on which any other existing similar use is located. 4. A group home must encompass the entire structure. 5. The location, design and operation of the group home must not alter the residential character of the neighborhood. The facility must retain a residential character, which must be compatible with the surrounding neighborhood. New buildings must be noninstitutional in design and appearance and physically harmonious with the neighborhood in which they are located considering such issues as scale, appearance, density and population. 6. Group homes are divided into the following sizes: a. Small group homes: Up to six (6) residents b. Large group homes: Seven (7) to fifteen (15) residents c. Congregate group homes: Sixteen (16) or more residents CC. Horse Stables (Commercial) 1. In all districts except the Rural Development and Historic Core Districts, horse stables must be located no closer than three-hundred (300) feet from any residential district and one-hundred (100) feet from any public right-of-way. In the Rural Development and Historic Core Districts, horse stables must be located no closer than fifty (50) feet from any residential district and twenty-five (25) feet from any public right-of-way. 2. Horse stables must be constructed to prevent clean water from being contaminated by manure. Roof gutters, downspouts and drains must be installed to prevent "clean" roof water from being contaminated by mixing with manure. Clean water must be diverted around barns, manure storage areas, and paddocks. Areas of high manure concentrations must be roofed or covered. 3. Prevention measures are required to protect any riparian corridors or waterways on the site. Horses must be kept out of riparian corridors or waterways to prevent erosion and direct deposit of manure. 4. Horse stables must comply with all applicable health regulations. DD. Hospice Hospices are subject to the regulations of the Louisiana Administrative Code.
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EE. Kennel or Pet Day Care Service 1. Exterior enclosures and runs must provide protection against weather extremes. Floors of runs must be made of impervious material to permit proper cleaning and disinfecting. 2. All animal quarters and runs are to be kept in a clean, dry and sanitary condition. 3. Fencing surrounding exercise areas and/or runs must be of a sufficient height to prevent escape and must be buried as part of installation to prevent escape by digging beneath the fence posts. 4. Noise must be mitigated so as not to create a public nuisance for adjoining properties and must comply with all local noise regulations. This excludes typical noise from exercise or training while outdoors during the daytime during hours of operation. 5. Retail sales of pet supplies, grooming services and dogwalking services are permitted as accessory to a pet day care service use. FF. Live Entertainment Secondary Use and Live Performance Venue 1. Live entertainment - secondary use is considered a separate principal use. Live entertainment secondary use may only locate when only allowed within a zoning district and only in conjunction with a bar, standard restaurant or indoor amusement facility. 2. Live entertainment secondary use and live performance venues must submit the following impact management plans: a. A parking and loading management plan. If parking is not required, a parking management plan is not required, but a loading management plan must be submitted. b. A security plan. c. A litter abatement and trash disposal plan. d. A noise abatement plan. 3. Live entertainment - secondary use and live performance venues must submit the following operation plan: a. For live entertainment secondary use, the days and hours of operation for the establishments general operations as a standard restaurant or bar, and the days and hours of operation for the live entertainment component. For live performance venues, the days and hours of operation. b. Intended use of amplification, noise levels, and need for soundproofing. c. The size of the establishment and the size, location and configuration of the live entertainment area within the establishment. d. Exterior lighting design. e. Maximum occupancy loads. f. Loading areas.
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4. Live entertainment secondary use and live performance venues must submit a summary of the number and location of places of worship, educational facilities, and parks or playgrounds within three-hundred (300) feet of the proposed location. 5. Live entertainment is subject to a closed doors and windows policy and compliance with the City of New Orleans Noise Ordinance. In the Vieux Carre Districts, music of any kind is prohibited outside the building. 6. Retail sales of alcoholic beverages for consumption off-premises are prohibited. 7. If the live entertainment - secondary use and live performance venues use plans an increase in intensity, such as an expansion of floor area, increase in live performance area or increase in permitted occupancy, the impact management plans and operation plans must be updated and resubmitted for approval. Revised impact management plans and operation plans must be approved prior to the issuance of any permits. 8. Impact management plans and operation plans may be revised by the property owner or person authorized in writing by the owner. New plans must be resubmitted for approval. 9. Because live entertainment secondary use is only allowed with a bar, standard restaurant or indoor amusement facility, when the submittal requirements of live entertainment secondary use and standard restaurant or bar are duplicated, only one (1) set of submittal requirements is required to be submitted and updated. GG. Mining and Drilling Activities 1. Mining and drilling activities must offer reasonable protection to surrounding properties and the neighborhood, particularly in regard to the use of any residential streets for access to the site. 2. The location of such operations with respect to property lines, depth and relation to the water table or floor criteria and the slope of the sides of any excavation must be controlled to prevent a continuing, unsightly, hazardous or wasteful condition of the land. 3. Petroleum, water or mineral extraction operations, site requirements as to size, and setback requirements from the nearest existing development may be imposed as necessary to avoid any adverse effects on such adjacent development. 4. An open pit or shaft must be at least two hundred (200) feet from any right-of-way and fifty (50) feet from any interior side and rear lot line. 5. All structures must meet the minimum yard requirements of the district. 6. The borders of the open pit or shaft must be screened with a fence or wall at least ten (10) feet in height. 7. A plan of development of the reclamation of the land must be provided as part of the conditional use application. 8. No blasting or other use of explosives is permitted unless specifically requested and authorized within the conditional use permit. Blasting must conform to the following standards: a. The use, handling and detonation of explosives must be under the direct supervision of persons having the requisite licensing, experience and knowledge to safely conduct such operations.
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b. The storage of explosives must be in accordance with all applicable federal and state laws and regulations, and must be stored to meet the safety requirements of such laws and regulations. c. Blasting procedures must be in accordance with modern techniques generally accepted in the mining and excavating industry so as to counteract and reduce the ground motion or earthborn vibration from successive detonations. d. Blasting procedures are subject to and must comply with the applicable lawful requirements of the Louisiana Department of Environmental Quality, Mine Enforcement and Safety Administration (MESA) of the United States Department of the Interior, and any other governmental agency having jurisdiction thereof. e. Blasting procedures must be in conformity with approved safety regulations, customs, and practices generally accepted in the quarrying industry, and the safety regulations of governmental agencies having jurisdiction thereof. f. The actual detonation of any blast is restricted to the local time period between 1:00 p.m. and 4:30 p.m., Monday through Saturday of each week. No blasting is permitted on Sunday or on the following legal holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
HH. Motor Vehicle Dealership or Motor Vehicle Rental Establishment Motor vehicle dealerships and motor vehicle rental establishments must have a minimum lot size of twenty-thousand (20,000) square feet. Any motor vehicle service and repair facilities must also comply with the standards of this Article. II. Motor Vehicle Service and Repair, Minor or Major 1. Minor motor vehicle service and repair shops may not store the same vehicles outdoors on the site for longer than fifteen (15) days. Major motor vehicle service and repair shops may not store the same vehicles outdoors on the site for longer than thirty (30) days. 2. All driveways must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets. 3. All repair operations must be fully enclosed. Wrecked or junked vehicles may not be stored on-site. Where the property abuts a residential use, the facility must install an opaque fence at least six (6) feet high on the property line to buffer the residential use. 4. Minor motor vehicle service and repair shops may also include gas stations as an accessory use. All gas stations that are part of such an establishment must comply with the regulations of this Article. 5. The sale of used or new automobiles is not permitted. 6. No motor vehicles may be stored and no repair work may be conducted in the public right-of-way. 7. Minor motor vehicle service and repair shops must have a minimum lot size of fivethousand (5,000) square feet. Major motor vehicle service and repair shops must have a minimum lot size of nine-thousand (9,000) square feet.
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JJ. Neighborhood Commercial Establishment 1. The existing structure is non-residential in its construction and original use. 2. The existing structure and the proposed use must be pedestrian-oriented in design, including public entrances oriented to the street and storefront windows along the first floor. 3. Neighborhood commercial establishments are limited to the first floor of the structure and three-thousand (3,000) square feet in gross floor area. 4. The following uses are permitted within a neighborhood commercial establishment: i. Art Gallery
ii. Arts Studio iii. Day Care Center, Adult or Child iv. Office v. Personal Services Establishment vi. Restaurant, Specialty vii. Retail Goods Establishment 5. The structure is limited to the existing building footprint. No increase in building footprint or intensity of use is permitted.
6. The principal entrance must be a direct entry from the street the property abuts. 7. No off-street parking is required. 8. Drive-through facilities are prohibited. 9. Outside storage or display is prohibited. All business, servicing, processing and storage operations must be located within the structure. 10. Any signs are subject to the requirements of the HU-B1A District. KK. Parking Structure or Parking Lot (Principal Use) All parking structures and parking lots are subject to the parking design standards of Article 22. In addition, parking structures and parking lots are subject to the following standards. 1. Parking Structure Parking structures located in the Historic Core and Central Business District Districts must meet the following requirements: a. Parking structures must include commercial uses along sixty percent (60%) of the ground floor, excluding required access areas from the calculation, when adjacent to a public right-of-way.
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b. The parking structure is an existing structure or replaces a surface level parking lot existing as of the effective date of this Ordinance. c. A traffic impact analysis is required, which must include site and traffic information. d. In VCC-2 District, parking structures are limited to those properties fronting on North Rampart Street and Iberville Street. 2. Parking Lot All parking lots must meet the following requirements: a. The parking lot must be used solely for the parking of passenger vehicles for periods of less than one (1) day and cannot be used as an off-street loading area. b. No sale, display repair or service of any kind is permitted in any parking lot. c. No signs of any kind, other than signs designating entrances, exits and conditions of use, are permitted any off-street parking lot. d. No buildings other than those for shelter of attendants or for payment kiosks are permitted in a parking lot. The allowable shelters must not exceed ten (10) feet in height and fifty (50) square feet in area. e. The parking lots must be screened and landscaped in accordance with the requirements of Article 23 (Landscaping, Stormwater Management and Screening). f. The parking lot must be kept free from refuse and debris. All landscaping must be maintained in a healthy growing condition.
LL. Pier (Private) Private piers are limited to six (6) feet in width. Private piers serving existing fishing camps may be extended one (1) time from the original construction a distance of thirty (30) linear feet by building permit. Further extensions require a conditional use permit. MM. Private Residential Recreation Facilities (Indoor or Outdoor) Private residential recreation facilities developed as common open space for a residential subdivision are subject to the following standards. Private residential recreation facilities within a multi-family dwelling that are developed as part of the structure, such as indoor gym facilities, private balconies or rooftop terraces, are not subject to the requirements of this section, except for Paragraph 2 below. 1. Private recreation facilities are permitted only for residential developments that are a minimum of three (3) acres in size. 2. Private recreation facilities must be limited to the exclusive use of residents of a residential development and their guests. 3. Private recreation facilities must be located fifty (50) feet from any adjoining property line. If that property line fronts a public right-of-way or drainage canal, with rights-of-way not less than twenty-five (25) feet in width, the required setback may be reduced to twentyfive (25) feet.
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4. Exterior lighting provided for the site must be directed away from residential dwellings in the development and adjacent properties. NN. Pumping Station 1. Aboveground Sewerage Lift or Pumping Stations a. In all residential districts, the following standards apply: i. Aboveground structures must be set back a minimum of twenty (20) feet from front and rear lot lines and a minimum of twelve (12) feet from side lot lines.
ii. Facilities must be adequately screened along all lot lines by a fence, hedge, or other landscaping a minimum of seven (7) feet in height. b. In the OS-N, OS-G, OS-R, NA and ESD Districts, the following standards apply: i. Aboveground structures must be set back a minimum of twenty (20) feet from front and rear lot lines and a minimum of twelve (12) feet from side lot lines, and sited to minimize impacts to sensitive environmental habitat.
ii. Facilities must be adequately screened along all interior lot lines by a fence, hedge or other landscaping a minimum of seven (7) feet in height, and sited to minimize impacts to sensitive environmental habitat. c. In all other districts, aboveground structures must be set back in accord with applicable regulations for such district. 2. Underground Sewerage Lift or Pumping Stations a. In all residential districts and in the VCE, VCE-1, VCS, VCP, OS-N, OS-G, OS-R, NA and ESD Districts, aboveground entrance hatches must be set back a minimum of twenty (20) feet from front and rear lot lines and a minimum of six (6) feet from side lot lines. b. In all other districts, aboveground entrance hatches must be set back a minimum of twenty (20) feet from front and rear lot lines and comply with all other applicable setback regulations for such districts. 3. Stormwater Pumping Stations a. In all residential districts, the following standards apply: i. Aboveground structures must be set back a minimum of twenty (20) feet from all lot lines.
ii. At least two (2) off-street parking spaces must be provided at locations on the site. Off-street parking spaces are prohibited in the twenty (20) foot minimum setback. iii. Facilities must be screened by a fence, hedge or other landscaping a minimum of seven (7) feet in height.
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b. In the OS-N, OS-G, OS-R, NA and ESD Districts, the following standards apply: i. The standards in Paragraph a above, except item iii.
ii. Facilities must be screened along all interior lot lines by a fence, hedge or other landscaping a minimum of seven (7) feet in height. c. In all other districts, the following standards apply: i. Aboveground structures must be set back according to district regulations.
ii. At least two (2) off-street parking spaces must be provided at locations on the site. Off-street parking spaces are prohibited in the required yards. 4. Water Pumping Stations a. In all residential districts and in the OS-N, OS-G, OS-R, NA and ESD Districts, the following standards apply: i. Facilities must be set back a minimum of twenty (20) feet from front, corner side and rear lot lines and a minimum of twelve (12) feet from interior side lot lines.
ii. Such facilities must be adequately screened along all interior lot lines by a fence, hedge or other landscaping a minimum of seven (7) feet in height in all residential districts. b. In all other districts, the following standards apply: i. Facilities must be set back in accord with applicable regulations for such district.
ii. Such facilities must be adequately screened along all interior lot lines by a fence, hedge or other landscaping a minimum of seven (7) feet in height in all residential districts. OO. Reception Facility 1. A general admission fee or any other monetary donations (payment at the door to the general public) for entrance is prohibited, with the exception of fundraisers or events for bona fide non-profit organizations, places of worship or educational facilities.. 2. All events must be held within a completely enclosed building. Live entertainment, if permitted as part of scheduled events, is subject to a closed doors and windows policy and compliance with the City of New Orleans Noise Ordinance. Music of any kind is prohibited outside the building. 3. Principal entrances and outdoor lighting must be directed away from adjacent residentially zoned property. 4. Hours of operation are restricted to 10:00 a.m. and 12:00 midnight Sunday through Thursday. Hours of operation are restricted to 10:00 a.m. and 4:00 a.m Friday through Saturday. 5. A minimum distance of two-hundred (200) feet is required between any new reception facility and the nearest residential district.
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PP. Recreational Vehicle (RV) Park All recreational vehicle (RV) parks within must meet the following standards: 1. An RV park must be located on a site a minimum of one (1) city square in all districts except the Rural Residential Districts. In the Rural Residential Districts, an artist community must be located on a site of a minimum of two and one-half (2.5) acres. 2. Minimum rental space size for spaces having utility connections shall be fifteen hundred (1,500) square feet. Minimum rental space size for those spaces not having utility connections shall be nine hundred (900) square feet. Minimum rental space size does not include any area required for access roads, off-street parking, service buildings, recreation areas, office and similar RV park needs. 3. All spaces must be equipped with a surfaced area of asphalt or concrete of not less than ten (10) feet by forty (40) feet, containing connections for water, sewer and electricity. Each RV unit must be parked entirely on the surfaced area so that no part of the vehicle obstructs any roadway or walkway within the RV park. 4. An RV park must meet the following yard and distancing requirements: a. An RV park must maintain a perimeter yard of twenty (20) feet. b. A minimum of ten (10) feet is required between RV units parked side by side or end to end. c. A minimum of twenty (20) feet is required between any RV space and any structure. d. Each vehicle space must be a minimum width of twenty (20) feet. 5. Every RV park must provide one (1) or more service buildings equipped with flush toilets, lavatories, showers and laundry facilities meeting minimum state health department standards. These facilities must be located no more than three hundred (300) feet each vehicle space. 6. Every RV park must provide a minimum of one (1) sanitary disposal station for the purpose of removing and disposing of wastes from holding tanks in a clean, efficient and convenient manner. a. Each sanitary station must consist of a drainage basin constructed of impervious material, containing a disposal hatch and self-closing cover, and related washing facilities. b. The disposal hatch of sanitary station units must be connected to the sewage disposal system. Related facilities required to wash holding tanks and the general area of the sanitary station must be connected to the RV park water supply system. c. Each sanitary station must have a sign posted stating DangerNot to be used for drinking or domestic purposes. 7. An RV park must meet the following utility requirements: a. All utilities must be placed underground.
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b. An accessible, adequate, safe and potable supply of water under pressure must be provided in every RV park. Each vehicle space equipped with sewer and electrical connections must be equipped with two (2) water outlets to provide connection for the RV and a garden hose. All other spaces must be equipped with one (1) water outlet. c. All refuse must be stored in durable, washable and nonabsorbent metal or plastic containers with tight-fitting lids. Such containers are required at a rate of one (1) thirty (30) gallon container for each rental space or an equivalent storage capacity in centralized storage facilities. Adequate refuse collection and removal is the responsibility of the park owner. 8. Ten percent (10%) of the gross area of the RV park must be maintained as common open space for playgrounds, picnic areas and other recreational uses. Open space does not include any area designated as a roadway, RV rental space, storage area, yard area surrounding a caretakers residence, or any area required for setbacks. 9. Temporary structures, such as canvas awnings, screened enclosures or platforms, which are normal camping equipment, may be erected but must be removed when the rental space is vacated. No other structural additions shall be built onto or become a part of any RV. Storage sheds and other accessory structures are prohibited. 10. No open fires are allowed. QQ. Residential Care Facility for Elderly Residential care facilities for the elderly must meet all federal, state and local requirements including, but not limited to, licensing, health, safety and building code requirements. In addition, they must comply with the following conditions: 1. The location, design and operation of the facility must be compatible with, and must not adversely affect, adjacent properties and the surrounding area. These uses are subject to all district design standards to which a multi-family dwelling in the district would be subject to. 2. The facility must be harmonious with surrounding buildings, in respect to scale, architectural design and building placement. If located within a residential district, the facility must not alter the residential character of the neighborhood. 3. In the Historic Core Districts, facilities must provide a minimum of two-hundred fifty (250) square feet of lot area per occupant. 4. Nursing homes and assisted living facilities included in a residential care facility for the elderly are subject to all regulations of the Louisiana Administrative Code RR. Restaurant (All Types) 1. General Regulations a. A restaurant must submit the following impact management plans: i. A parking and loading management plan. If parking is not required, a parking management plan is not required, but a loading management plan must be submitted.
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ii. A security plan. For restaurants with an outdoor component, the required security plan must include provisions regarding how the facility will control the sales of alcoholic beverages to ensure consumption on-premises. iii. A litter abatement and trash disposal plan. iv. A noise abatement plan. b. A restaurant must submit the following operation plans: 1. Days and hours of operation. 2. The size of the establishment. 3. The number and location of seats, tables and other furniture proposed for outdoor seating. 4. Exterior lighting design. 5. Maximum occupancy loads. c. If a restaurant contains a brewing facility on-site, a floor plan indicating the area reserved for brewing and a description of the facility and capacity. Only standard restaurants are permitted on a brewing facility on-site. d. Standard restaurants must submit a summary of the number and location of places of worship, educational facilities, and parks or playgrounds within three-hundred (300) feet of the proposed location. e. Retail sales of alcoholic beverages for consumption off-premises are prohibited. f. Standard restaurants that serve alcoholic beverages are limited to the following hours of operation. These limitations do not apply to restaurants that serve alcoholic beverages in the VCE, VCC-2, C-2 and C-3 Districts and in the CBD Districts. i. Sunday thru Thursday: Restaurants must close by 10:00 p.m.
ii. Friday and Saturday: Restaurants must close by 12:00 am (midnight) g. Standard restaurants with live entertainment are also subject to the standards of this Article. Live entertainment is a separate principal use and subject to separate approval. h. If the restaurant use plans an increase in intensity, such as an expansion of floor area or increase in permitted occupancy, the impact management plans and operation plans must be updated and resubmitted for approval. Revised impact management plans and operation plans must be approved prior to the issuance of any permits. i. Impact management plans and operation plans may be revised by the property owner or person authorized in writing by the owner. New plans must be resubmitted for approval. Restaurants with drive-through facilities are subject to the standards of this Article. Standard restaurants with live entertainment secondary uses are also subject to the
j.
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standards of this Article. Drive-through facilities and live entertainment secondary uses are considered separate principal uses and subject to separate approval. 2. Restaurant Holding Bar a. A holding bar is permitted only for a standard restaurant. The holding bar is an accessory use to the principal use of a standard restaurant. The holding bar is an area of a restaurant where alcoholic beverages are prepared and served at the bar. b. A holding bar cannot exceed fifteen percent (15%) of the floor area of the public seating area of the restaurant, up to a maximum area of three-hundred (300) square feet, including the service area behind the bar. The calculation of the total public seating area must include the holding bar area in the calculation. If a portion of the holding bar is used to serve non-alcoholic beverages, such as coffee, that area is included as part of the holding bar area. (See Figure 20-1: Restaurant Holding Bar) FIGURE 20-1: RESTAURANT HOLDING BAR
c. The holding bar must only be open to the public while food is being served in the restaurants dining room. d. The Board of Zoning Adjustments may grant a variance to increase in the square footage of the holding bar area. Such variance cannot exceed twenty-five percent (25%) of the public seating area of the restaurant. SS. Separation/Recovery Facility, Industrial Composting Facilities and Waste Transfer Station 1. All location characteristics of the Louisiana Administrative Code and City Codes must be met, including the requirement that municipal water accessibility must be provided and connections approved by the Fire Department and Sewerage and Water Board. 2. Buffering requirements must be met, pursuant to the Louisiana Administrative Code and City Code, including: a. Adequate spacing, as defined by local and State law, between the property line and any aspect of the specific facilitys operation and any residence or place of business
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that is served by a public water source and/or individual water supply well located on the premises. b. Adequate spacing between the property line and any aspect of the solid waste disposal operation and any habitation or place of business that is served by a public water source and/or individual water supply well located on the premises. c. Additional buffering requirements, such as vegetative barriers or fencing, which are determined to be adequate to protect adjacent landowners from odors, noise, visual impacts, vectors, and water quality problems. 3. No structures or internal roadways are permitted within the buffer zone. 4. All facility operators or property owners must provide for litter abatement outside the facility to a distance set by the City Planning Commission and City Council. 5. A permit holder must provide the City with evidence that copies of the permit have been forwarded to the appropriate agencies to show compliance with other applicable state and federal legal requirements. 6. Water discharges from operating units of all facilities must follow all Louisiana Department of Environmental Quality regulations pursuant to the Louisiana Administrative Code and all applicable local requirements. Copies of these applications must be sent to the City Planning Commission, Department of Safety and Permits and Sewerage and Water Board. 7. Environmental concerns raised by the Louisiana Department of Environmental Quality and other federal, state and local agencies must be addressed by the City Planning Commission in the conditional use process. 8. All appropriate state, local and federal permits as required by applicable law must be obtained prior to the specific facilitys operation and copies submitted to the appropriate local agency. 9. If other stipulations such as performance bonds and peripheral cleanup are required, the specific facility must comply with those requirements. 10. If participation in recycling programs in a manner consistent with the Citys solid waste management objectives is found to be necessary, the operators of sanitary landfills and incinerators are required to participate. 11. Hurricane and flood protection must be provided and incorporated into the facilitys design and operation. 12. Fire protection and medical care, as approved by the Citys Fire and Health Department and pursuant to the Louisiana Administrative Code, must be available. 13. Security must be provided and incorporated into the facilitys design and operation. 14. Restrictions and limitations may be placed on the disposal if such restrictions are found to be in the public welfare. Such restrictions include, but are not limited to, locations, source of origin, volume of wastes entering the facilities, and type of wastes. 15. Environmental concerns raised by the Louisiana Department of Environmental Quality and other federal, state and local agencies must be addressed by the City Planning Commission in the conditional use process.
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16. If deemed in the public welfare, materials not classified as hazardous, as defined by the current Louisiana Hazardous Waste Regulations and subsequent Louisiana Department of Environmental Quality guidelines, may be prohibited by the Department of Sanitation and Health from the facility. 17. A detailed study and site plan of the facilitys fire and emergency action plan must be submitted to the New Orleans Fire Department for approval. These plans must include, but are not limited to: a. Location of fire hydrants and size of water lines. b. Communications equipment, size and type. 18. A copy of any state preliminary report concerning the individual property must be provided to the City Planning Commission and Department of Safety and Permits as part of the conditional use process. 19. The landfill operator is required to comply with a future reuse (end use plan) schedule approved by the state and City Planning Commission. 20. If the application is for expansion of a facility or construction of a replacement new facility, a plan for closing and upgrading existing operating areas is required. 21. Facilities must comply with the conditions and specifications contained in the definition of sanitary landfills in the Louisiana Administrative Code. 22. For composting facilities, the following additional standards apply: a. Facilities must comply with the conditions and specifications for composting facilities in the Louisiana Administrative Code. b. Prior to commencement of operation, facilities must provide written notice to the local and state authority, stating the location of the composting facility, nature, origin and quantity of the material to be composted, description of the operation and the intended use for the compost. c. Facilities must follow methods of composting approved by the Louisiana Department of Environmental Quality that minimize odors and vectors and produce a useful and stable product. d. Local authorities may ban specific material not deemed in the best interest or not acceptable to the public welfare. 25. For separation/recovery facilities, the following additional standards apply: a. Facilities must comply with the conditions and specifications of the Louisiana Administrative Code. b. All source separation/recovery activity must be performed within an enclosed structure. 26. Where incinerators, nonindustrial (Type II-A) are included, the following additional standards apply:
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a. The inclusion of incinerators, nonindustrial (Type II-A) is a conditional use. b. Incinerators must comply with the conditions and specifications of the Louisiana Administrative Code. c. Only noninfectious waste from hospitals or clinics which has been properly packaged and identified and is certified as nonhazardous by the Department of Health and Hospitals may be deposited. d. Incinerators must be developed as a subordinate use which is incidental to and customary or necessary in connection with a main building or use located on the same lot. e. Incinerators must comply with buffer zones pursuant to the Louisiana Administrative Code and this Ordinance. TT. Social Club or Lodge 1. Social clubs or lodges must be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjoining properties. 2. No more than fifty percent (50%) of the gross floor area may be used as office space for the social club or lodge. 3. Social clubs and lodges are permitted to serve meals and alcohol on the premises for members only. 4. Sleeping facilities are prohibited. 5. Social clubs and lodges leased or used as reception halls must comply with the requirements for reception halls in this Article. UU. Solar Farm 1. Solar panels must be erected no less than fifty (50) feet from any property line. All other structures must meet district yard requirements. 2. The property must be screened with a fence or wall at least six (6) feet in height, unless otherwise approved during site plan review. 3. On-site power lines must be placed underground to the maximum extent possible. VV. T-Shirt Shop 1. T-shirt shops, novelty shops, gift shops and souvenir shops, which specialize in T-shirts, novelties, gifts and souvenirs, are limited to one (1) establishment within six-hundred (600) feet from another such establishment in the Central Business Districts. The distance is measured along the centerline of the adjacent public right-of-way from the nearest point of the lot on which such use is located to the nearest point of a lot where an existing similar use is located.
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2. T-shirts, souvenirs, novelties or gifts, or a combination thereof, are limited to a maximum display area or visible floor area of thirty-five percent (35%). This display area includes any wall display, such as shelves, hangers, etc., and any floor space, such as shelves, tables, etc. T-shirts, souvenirs, novelties or gifts, or a combination thereof, are limited to thirty-five percent (35%) of any display visible from the street from any windows or doors. WW. Truck Stops and Truck Terminals 1. All truck stops and truck terminals must submit a site plan for review and approval by the Executive Director of the City Planning Commission. If these facilities are located in the New Orleans Business Industrial District, bounded by the Mississippi River Gulf Outlet/Intracoastal Waterway, the CSX railroad tracks, the Industrial Canal, and the Maxant Lagoon, the site must be reviewed and approved by the Executive Director of the City Planning Commission in consultation with the New Orleans Business and Industrial District. 2. A minimum twenty (20) foot deep front yard setback must be provided. If the site within three-hundred (300) feet of a residential district, a fifty (50) foot setback must be provided. Parking is prohibited in the setback. The setback must be landscaped with evergreen trees, shrubs, and groundcover. Large to medium trees in accordance with Louisiana Cooperative Extension Services tree rating system must be planted at a rate of one (1) for every twenty-five (25) feet of lineal frontage. 3. An opaque high fence with a minimum height of seven (7) feet is required for any outside storage areas adjacent to a public right-of-way or residential or commercial district. 4. All vehicular use areas adjacent to public right-of-ways must be screened by a continuous opaque screen a minimum of thirty (30) inchesby a berm, masonry wall, hedges or a combination thereof. The planting strip must be at least four (4) feet in width. 5. Parking lots of one-hundred (100) or more parking spaces must provide landscaped interior parking islands at a rate of one (1) for every twenty (20) parking spaces. The parking islands must be at least five (5) feet in width. 6. Loading operations must be screened and designed so that no vehicle blocks the passage of other vehicles on any public right-of-way. 7. No truck idling is permitted when a truck stop or truck terminal is located adjacent to a residential district 8. A truck stop is permitted video draw poker devices only in accordance with the following: a. A licensed establishment that is a truck stop must be located adjacent to a major state or interstate highway, defined as a through highway and designated as a state highway by the Louisiana Department of Transportation and Development. For purposes of this section, the word adjacent means that the property line of the premises upon which a truck stop is located within a distance of two-thousand (2,000) feet to the nearest edge of the traveled portion of the roadway which is a major state highway or interstate highway. b. Notwithstanding any provision of law to the contrary, no license will be granted to any truck stop located at the time application is made for a license to operate video draw poker devices, within five-hundred (500) feet of any property that is on the National Register of Historic Places, park or playground, place of worship, cultural facility or educational facility. This distance is measured as a person walks using the sidewalk
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from the nearest point of a property line of the property on the National Register of Historic Places, park or playground, place of worship, cultural facility or educational facility to the nearest point of the premises for the truck stop. c. All truck stops with video draw poker facilities are regulated by the Louisiana Gaming Control Board and are subject to the Louisiana Administrative Code regulations. XX. Urban Agriculture 1. A minimum lot area of one (1) acre or one (1) city square, whichever is less, is required. 2. Urban agriculture uses that involve any of the following activities must prepare a management plan that addresses how the following activities will be managed to avoid impacts on surrounding land uses and natural systems. i. Animal husbandry, including chicken coops and apiaries, and fish farms.
ii. Processing of food produced on site. iii. Spraying of agricultural chemicals. iv. Use of heavy equipment such as tractors. 3. Structures related to agricultural use, such as greenhouses, hoophouses, cold-frames, tool sheds, shade pavilions, barns, rest-room facilities and planting preparation houses, are permitted. Buildings must be set back from any lot line a minimum distance of thirty (30) feet. No structure may exceed twenty-five (25) feet in height. The combined area of all structures is limited to fifteen percent (15%) of the lot area. 4. Prior to the establishment of the urban agriculture use, soil testing is required to measure nutrients, heavy metals and any other harmful contaminants that may be present. The applicant must submit to the Department of Safety and Permits the soil testing results and proposed remediation methodology, if needed. Alternatively, the applicant may use raised planter boxes for all plants, in which case soil testing is not required. 5. Farmstands are permitted and are limited to sales of items grown at the site. Permanent farmstands must be designed as coordinated structures, with an open wall design. Temporary farmstands must be removed from the premises or stored inside a structure on the premises when items are not offered for sale. The maximum height of any farmstand is fourteen (14) feet. 6. Open fences of a minimum of five (5) feet in height are required along the front and corner side lot line. Decorative fences are encouraged along the front and corner side lot lines. Six (6) foot solid fences are required along the interior side and rear lot lines. Fences must be locked during the hours of 8 p.m. and 5 a.m. 7. The site is designed and maintained so that water and fertilizer will not drain onto adjacent property. 8. The use of herbicides and weed killers is prohibited. 9. Areas of dry, loose soil that may be moved by wind must be covered by mulch or plastic or otherwise confined.
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YY. Utilities 1. Electric Substations and Transmission Facilities a. All facilities must be approved by the Department of Public Works. b. Substation facilities must be a minimum area of one (1) acre. c. Substation facilities must be located within and completely surrounded by an ornamental fence or wall a minimum of six (6) feet in height and set back a minimum of twenty (20) feet from all property lines in residential districts and set back in accord with applicable district regulations in all other districts. d. All buildings or structures for substations, other than poles, must be set back in accord with applicable district regulations in all other districts. Self-supporting radio towers must be set back a minimum of fifty (50) feet in all residential districts and set back in accord with district regulations in all other districts. e. All structures other than poles or self-supporting radio towers are limited to the height requirements of the zoning district. f. The location, character and extent of proposed electric utility substations and transmission lines must be reviewed and approved by the Executive Director of the City Planning Commission prior to the issuance of required permits. The review of facilities is to ensure that the facility will be in keeping with the existing neighborhood and adjoining propertys architectural and aesthetic characteristics so that the facility will not unnecessarily adversely affect the existing environment of the area and will be consistent with the intent and purposes of this Ordinance to promote public health, safety and welfare. In such instances the action of the City Planning Commission is final, unless the City Council, by majority vote, determines that the Commissions action should be reviewed. In such case, action by the City Council must be taken within thirty (30) days from the date of final action by the City Planning Commission. Prior to any review of transmission line facilities, the City Planning Commission must hold a public hearing in relation to the proposal.
g. Existing electric substations may continue to be operated, maintained, structurally altered or expanded provided that such expansion or alteration does not further encroach on the required twenty (20) foot setback from all property lines or the applicable height regulations for such district and provided further that such expansion is allowed only if such use is adequately screened from any abutting residential property by a fence, hedge or other landscaping at least six (6) feet in height. Existing electric transmission facilities may continue to be operated, maintained or structurally altered without any change in route. 2. Telephone Exchanges a. Telephone exchanges must be approved by the Department of Public Works. b. Telephone exchanges must be on a site of at least twenty thousand (20,000) square feet. Telephone exchanges must be set back a minimum of twenty (20) feet from all property lines from all residential districts and set back in accord with applicable district regulations in all other districts. c. All structures, other than poles or self-supporting radio towers, are limited to the height requirements of the zoning district.
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d. The location, character, and extent of proposed telephone exchanges must be reviewed and approved by the Executive Director of the City Planning Commission prior to the issuance of required permits. Such review of said facilities must ensure that the facility will be in keeping with the existing neighborhood and adjoining propertys architectural and aesthetic characteristics so that the facility will not adversely affect the existing environment of the area and will be consistent with the intent and purposes of this Ordinance to promote public health, safety and welfare. e. All buildings, structures and parking areas must be adequately screened from any abutting residential district by a landscaped solid fence or hedge a minimum of six (6) feet in height. f. In all districts, existing telephone exchanges may continue to be operated, maintained, structurally altered or expanded provided that such expansion or alteration does not further encroach on the required yards, off-street parking requirements or floor area ratio requirements of the applicable district regulations and provided further that such expansion is permitted only if such use is adequately screened from any abutting residential property by a fence, hedge, or other landscaping at least six (6) feet in height.
3. Aboveground Utility Structures a. Aboveground Utility Structures Size Categories Aboveground utility structures are regulated according to size, as defined below: i. Small aboveground utility structures do not exceed one (1) foot in height and two (2) feet in either width or depth.
ii. Medium aboveground utility structures do not exceed three (3) feet in height and four (4) feet in either width or depth. iii. Large aboveground utility structures do not exceed five (5) feet in height and five (5) feet in either width or depth. iv. Extra large aboveground utility structures exceed the dimension restrictions of a large aboveground utility structure. b. Location In new developments, all structures servicing a building must be placed on the same side of a building. c. Screening and Maintenance i. As indicated in Paragraph d below, two levels of screening are specified. These are defined as follows: (A) Level 1 Screening: Screening on all sides of the structure except for those containing access openings to the structure. Screening materials may be masonry, wood, landscaping or other opaque material and must be the height of the structure.
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(B) Level 2 Screening: Screening on all sides of the structure except for those containing access openings to the structure. Screening must be an opaque fence the height of the structure. ii. Existing fences, walls and landscaping may be used to meet screening requirements. iii. The utility must maintain the screening, unless the property owner has agreed to maintain the screening. iv. The utility must maintain the structure free of graffiti. The exterior must be maintained to prevent visible deterioration. d. Permitted Locations The permitted locations for aboveground utility structures for residential and nonresidential districts are indicated in Table 20-1: Permitted Location for Aboveground Utility Structures in Residential Districts and Table 20-2: Permitted Location for Aboveground Utility Structures in Non-Residential Districts.
TABLE 20-1: PERMITTED LOCATION FOR ABOVEGROUND UTILITY STRUCTURES IN RESIDENTIAL DISTRICTS SIZE LOCATION EXTRA SMALL MEDIUM LARGE LARGE In right-of-way1 adjacent to front yard with or without screening In right-of-way1 adjacent to corner side or rear yard with level 1 screening X X In right-of-way1 adjacent to corner side or rear yard with level 2 screening X X X In alley right-of-way with or without screening X X X Front, corner side or rear yard in utility easement without screening X Front, corner side or rear yard in utility easement with level 1 screening X X Corner side or rear yard in utility easement with level 2 screening X X X Rear yard in utility easement with level 2 screening X X X X In transmission easement with level 1 screening X X X X TABLE 20-1 FOOTNOTES 1 Exclude alleys
TABLE 20-2: PERMITTED LOCATION FOR ABOVEGROUND UTILITY STRUCTURES IN NON-RESIDENTIAL DISTRICTS SIZE LOCATION EXTRA SMALL MEDIUM LARGE LARGE In right-of-way1 without screening X In utility easement without screening X In right-of-way1 with level 1 screening X X X In utility easement with level 1 screening X X X In alley right-of-way with or without screening X X X TABLE 20-2 FOOTNOTES 1 Exclude alleys
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ZZ. Wind Farm 1. The design of the wind farm must conform to applicable industry standards, including those of the American National Standards Institute, as such standards exist as of the date construction is commenced. The facility owner or operator must submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations. 2. The wind farm must comply with all applicable building and construction codes. 3. All wind turbines must comply with the following: a. All wind turbines must be newly manufactured as of the date of installation. b. Experimental or prototype wind turbines must be approved as part of the conditional use. 4. All wind farms must be equipped with a redundant braking system. This includes both aerodynamic over speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes must be operated in a fail-safe mode. Stall regulation is not considered a sufficient braking system for over speed protection. 5. All electrical components of the wind farm must conform to applicable local, state and national codes, and applicable international standards. 6. An engineer's certificate must be completed by a structural engineer, licensed in the State of Louisiana, certifying that the tower and foundation of the wind turbines are compatible with, and are appropriate for, the particular model of wind turbine used, and that the specific soils at the site can support the wind turbine. 7. Wind turbines must comply with the following design standards: a. Wind turbines must be a non-obtrusive and non-reflective color such as white, offwhite, gray, or black. The facility owner or operator must maintain the paint on wind turbines at all times in good repair. b. Wind turbines must not display advertising, except for reasonable identification of the turbine manufacturer, or the facility owner and operator. c. Within the wind farm, wind turbines must be of a generally consistent size, design and color, of similar height and rotor diameter, and must rotate in the same direction. d. Wind turbines must not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable regulatory authorities. e. On-site transmission and power lines between wind turbines must, to the maximum extent practicable, be placed underground, reach the property line, and be located and constructed in such a way as to minimize disruption to the property's primary purpose as well as to facilitate the interconnection of other commercial wind power generating facilities. f. Non-essential appurtenances must not be affixed to any wind turbine, including, but not limited to, cellular or radio antennae.
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g. A clearly visible warning sign advising persons of the presence of high voltage levels must be placed at the base of all pad-mounted transformers and substations. 8. The applicant must commission and submit at the time of permit application a wildlife assessment (impact study), conducted by a qualified wildlife expert having no less than ten (10) years of experience conducting wildlife assessments, indicating possible risks to local wildlife, habitat and migratory birds. Additionally, the applicant's wildlife expert must also develop a mitigation plan, if applicable, that addresses/mitigates any risk to wildlife, migratory birds and affiliated habitat. All wind turbines at time of application must be located out of bird and bat migration pathways/corridors to which wind turbine construction would pose a substantial risk. 9. Wind turbines must not be climbable up to a height of at least fifteen (15) feet above ground surface. All access doors to wind turbines and electrical equipment must be locked or fenced, as appropriate, to prevent entry by non-authorized persons. 10. Wind farms must meet the following setback regulations: a. Wind turbines must be set back from all occupied buildings and barns, garages, machine sheds, and livestock buildings located on a participating property owner's property a distance of not less than the turbine height. The setback distance is measured from the nearest point on the outside edge of a tower to the nearest point on the foundation of the occupied building. b. All wind turbines must be set back from the nearest property line a distance of not less than the normal yard requirements for that zoning district or one-hundred and ten percent (110%) of the turbine height, whichever is greater. The setback distance is measured from the property line to the nearest point on the outside edge of a tower. Operation and maintenance building(s) and substations must be located in accordance with zoning district yard requirements. All wind farm structures, except for wind turbines, must comply with the regulations of the zoning district. c. All wind turbines must be set back from the nearest public right-of-way a distance of one-hundred and ten percent (110%) of the turbine height, as measured from the right-of-way line to the nearest point on the outside edge of a tower. 11. The facility owner or operator must make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and must mitigate any disruption or degradation of signals caused by the wind farm in a manner reasonably calculated to remedy such signal degradation, including, but not limited to, providing alternative methods of delivery of signals to affected households at facility owner or operator's expense. The foregoing provision must not in any way be interpreted to excuse compliance with any regulations, codes or laws specifically governing electronic transmissions. 12. The facility owner or operator must comply with all applicable codes and ordinances regulating sound generation. In the event that any sound levels from a wind turbine are found to be in excess of permissible levels, the facility owner or operator must take necessary measures to bring sound levels down to a level acceptable. 13. A wind turbines shadow flicker must not fall on any window of an existing structure or within the buildable area of an adjacent lot, as defined by current yard requirements.
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14. The facility owner and operator must, at their sole expense, complete decommissioning of the wind farm, or individual wind turbines, within twelve (12) months after the end of the useful life of the wind farm or individual wind turbines. The wind farm or turbine will be deemed to be at the end of its useful life if it is abandoned for a period of time in excess of six (6) months. Decommissioning includes removal of wind turbines, structures, roads and foundations to a depth of forty-eight (48) inches, and any other element constructed by facility owner or operator for the purpose of maintaining or operating the wind farm. AAA. Wireless Telecommunications Antenna, Facility and Tower 1. Purpose The following standards for wireless telecommunications antennas, facilities and towers are intended to: a. Ensure public health, safety and welfare. b. Ensure access to reliable wireless telecommunications services throughout the City. c. Encourage the use of existing towers and other structures for the co-location of wireless telecommunications antenna. d. Encourage the location of towers, to the extent possible, in areas where the adverse impact on the City will be minimal and preferably in non-residential, as opposed to residential, districts. e. Minimize the potential adverse effects associated with the construction of wireless telecommunications towers through the implementation of reasonable design, landscaping and construction practices. 2. Application Requirements In addition to the requirements for a conditional use, all applications to erect, construct or modify any part of a wireless telecommunications antenna, facility or tower must include the following items, unless waived by the Executive Director of the City Planning Commission: a. A site plan showing: i. The location, size, screening and design of all buildings and structures, including fences.
ii. The location and size of all outdoor equipment. iii. A landscape plan showing all screening. iv. If the site plan is for a new wireless telecommunications tower, indication of the fall zone by a shaded circle. b. A maintenance plan, and any applicable maintenance agreement, designed to ensure long-term, continuous maintenance to a reasonably prudent standard, including maintenance of landscaping, keeping the area free from debris and litter, and immediate removal of any graffiti.
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c. A full disclosure of what is proposed, demonstrating the need for the wireless telecommunications antenna, facility or tower to be located where proposed. d. The reason or purpose for the placement, construction or modification, with specific reference to the providers coverage, capacity, and/or quality needs, goals and objectives. e. The service area of the proposed wireless telecommunications antenna, facility or tower. f. An EME/RF Study which documents both the individual carriers contribution of radiofrequencies (RF) to the environment, and the cumulative effects of all RF sources at the site. The study must document where the maximum permissible exposure (MPE) is exceeded.
g. The nature and extent of the provider/applicants ownership, easement or lease interest in the property, building or structure upon which the antenna, facility or tower is proposed for placement, construction or modification. h. The identity and address of all owners and other persons with a real property recorded interests in the property, building, or structure upon which the antenna, facility or tower is proposed for placement, construction or modification. i. If the proposal is for a new telecommunications tower, then a map showing colocation opportunities within the City and within areas surrounding the borders of the City must be provided and justification for why co-location is not feasible in order to demonstrate the need for a new tower. Certification by a licensed and registered professional engineer regarding the manner in which the proposed structure will fail. The certification may be utilized, along with other criteria such as applicable regulations for the district in question, in determining if additional setback should be required for the structure and other facilities.
j.
k. A visual simulation or rendering of the proposed support structure that illustrates the relationship between the height and the visual appearance of the structure. The Executive Director of the City Planning Commission may require the visual simulation be provided from two (2) different perspectives and accurately depict the scale of the proposed structure in the context of the surrounding area. 3. Fall Zone Setback a. A fall zone must be constructed around any wireless telecommunications tower equal to the height of the tower. The fall zone does not include public right-of-way, and must be located on property either owned or leased by the applicant, or for which the applicant has obtained an easement, and may not contain any structure other than an associated wireless telecommunications facility. In all cases, the wireless telecommunications tower must meet the underlying setback requirements of the zoning district in which it is located. b. The City may reduce the required fall zone as part of the conditional use approval, but the City must find that the tower is less visible as a result and that safety is not compromised. Such reduction in the fall zone setback requires submission of a written instrument signed by all adjoining property owners, and duly notarized, agreeing to such modification. In all cases, the wireless telecommunications tower
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must meet the underlying setback requirements of the zoning district in which it is located. c. Any associated wireless telecommunications facilities must be set back from all property lines in accordance with the minimum setback requirements in the zoning district. 4. Height The maximum height of a wireless telecommunications tower is sixty-five (65) feet, including all attachments (antennas, lightening rods, arrays, etc.). The height is measured from grade to the highest point of the tower. A conditional use application for approval of a wireless telecommunications tower must demonstrate that the tower does not exceed the minimum height requirement necessary to function satisfactorily, which may be less than the sixty-five (65) foot maximum permitted here. As part of the conditional use approval, a tower may exceed the maximum height if the City finds that the exception is necessary for functionality or co-location purposes. In any case, the tower must not exceed the height necessary to function satisfactorily. 5. Lighting and Marking a. Wireless telecommunications antennas and towers must not be lit or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA). If lighting is required, strobe lighting is prohibited unless no alternative is available. b. Wireless telecommunications facilities are permitted to install security lighting which must be down shielded and contained within the boundaries of the site. 6. Landscape and Security a. Fencing i. Wireless telecommunication towers must be enclosed by an opaque security fence six (6) feet in height and constructed to prevent unauthorized personnel from climbing the tower.
ii. Chain link fencing may be placed behind the opaque security fence so long as the chain link fencing cannot be seen from the public right-of-way. iii. All gates and access points must be locked. b. Landscape Landscaping must be installed outside the fencing in accordance with the following: i. One (1) shade tree for every twenty (20) feet of fence length, not including gates or other fence openings.
ii. One (1) shrub for every three (3) feet of fence length, not including gates or other fence openings. iii. The landscaping requirements may be grouped to maintain openings around gates or other access points.
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c. Security i. All wireless telecommunication towers, facilities and antennas must be designed with sufficient security measures to prevent unauthorized entry.
ii. All wireless telecommunication towers must be designed to preclude unauthorized climbing. Anti-climbing measures must address the area from the base of the tower to twelve (12) feet above the base. iii. Any private access roads to a wireless telecommunication tower or facility must be gated for security purposes. iv. Signs must be mounted on the fenced enclosure and adjacent to any access points prohibiting entry without authorization, warning of danger from electrical equipment and unauthorized climbing of the tower. Signs must also include the owner of the tower and a contact number in case of emergency. Such signs are limited to six (6) square feet in area. No other information may be part of such signs. d. Alternate Designs for Base Flood Elevation Considerations Where a wireless telecommunications tower base and/or facility must be elevated above four (4) feet because of base flood elevation (BFE), an alternate fencing and landscape design must be proposed to take into account the additional height from the BFE. This alternate design must be approved by the Executive Director of the City Planning Commission. 7. Additional Standards for Wireless Telecommunications Antennas a. Wireless telecommunications antennas are a conditional use in all districts, except where they are considered a permitted use in accordance with Paragraph 10 below and subject to site plan approval. b. Wireless telecommunications antennas do not include satellite dish antennas, which are regulated separately by this Ordinance. c. Antennas must be of a color that is identical or similar to the color of the supporting structure to make the antenna visually unobtrusive. d. No antenna may increase the overall height of any building or structure on which it is mounted by more than ten percent (10%) or ten (10) feet, whichever is less. However, antennas attached to existing communication towers may not increase the height of tower above the maximum allowed. e. The City may require, at its discretion, additional EME/RF Studies once antennas have been mounted and are in use in order to verify that the MPE has not been exceeded. 8. Additional Standards for Wireless Telecommunications Facilities a. Wireless telecommunications facilities are a conditional use in all districts. b. Wireless telecommunications facilities do not include aboveground utility structures and temporary telecommunications carrier on wheels, which are regulated separately by this Ordinance.
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c. All wireless telecommunications facilities must be completely enclosed in an equipment shelter. This shelter must meet the building design standards of the zoning district. Communication equipment shelters must meet the setback requirements of the underlying zoning district, and must be landscaped as required by this Ordinance. d. Any cabinets or shelters may house only equipment and supplies for operation of the wireless telecommunication tower. Any equipment not used in direct support of such operation must not be stored on the site. The facility must be un-staffed. 9. Additional Standards for Wireless Telecommunications Towers a. Wireless telecommunications towers are a conditional use in all districts. b. Wireless telecommunications towers must be designed to accommodate at least three (3) telecommunications providers. The area surrounding a tower must be of a sufficient size to accommodate accompanying wireless telecommunications facilities for at least three (3) telecommunications providers. c. Unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration or the City, towers must have a galvanized silver or gray finish. d. As part of the conditional use approval, the City may require the applicant to reserve a portion of the tower for use by the City, state or federal government. e. All telecommunication towers must have back-up power systems with sufficient power to operate for at least seven (7) days following a massive power outage. Towers must be equipped with systems that automatically engage during such power failures. Back-up generators and any necessary fuel supplies must be stored in a secure structure to prevent unauthorized access, damage and theft and to protect from weather damage. f. To minimize the adverse visual impact of wireless telecommunications towers, such towers will be permitted as conditional uses in the following order of preference for locating new facilities. If lower priority locations are requested, the applicant may be required to provide engineering data certified by the appropriate Louisiana licensed professional, or other information the City deems necessary, that the use of a higher priority location is not technically, or otherwise feasible, and that the requested location is a matter of engineering necessity. i. First Priority First priority sites are the C3, EC, MC, MS, LI, HI, MI, BIP and LS Districts. In addition, co-location of antennas in any district where there is an existing wireless telecommunications tower is considered a first priority site. ii. Second Priority Second priority sites are the OS-R, NA, ESD, MU-1, MU-2 and C2 Districts. iii. Third Priority Third priority sites are any districts not cited as a first or second priority.
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10. Stealth Design for Wireless Telecommunications Antennas Stealth design for wireless antennas is encouraged and is considered a permitted use in all districts, subject to site plan review. All applications for site plan review must include all information required by this section. In addition to the standards of this section for wireless telecommunications antennas, stealth design must comply with the following regulations: a. To qualify as a stealth design, wireless telecommunications antennas must be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a causal observer. b. Antennas must be located on or in structures already permitted within zoning districts, such as water towers, clock towers, streetlights, penthouses, parapet walls and steeples, and must be designed to blend in to the structure. Antennas that colocate on existing wireless telecommunications towers are also considered stealth design. However, antennas attached to existing communication towers must not increase the height of tower above the maximum allowed. c. No antenna may increase the overall height of any structure on which it is mounted by no more than one (1) foot. d. All stealth designs must include a plan for maintenance for the proper operation and appearance of the antenna. 11. Abandonment Any wireless telecommunications tower or facility that is not operated for a period of onehundred eighty (180) consecutive days is considered abandoned. The owner must remove the tower or facility, and all aboveground equipment and related debris, within one-hundred eighty (180) days of its abandonment. The City may ensure and enforce removal by means of its existing regulatory authority. 12. Nonconformities a. Nonconforming Wireless Telecommunications Antenna or Facilities Ordinary maintenance may be performed on nonconforming antenna or facilities. However, if the proposed alteration intensifies a nonconforming characteristic of the antenna or facility, a variance is required. b. Nonconforming Wireless Telecommunications Towers i. Ordinary maintenance may be performed on nonconforming towers.
ii. Co-location of an antenna on an existing nonconforming tower is permitted as a conditional use, provided that the addition of the antenna and any additional wireless telecommunications facilities do not intensify the nonconformity.
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ARTICLE 21. ON-SITE DEVELOPMENT STANDARDS

21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.1 PURPOSE ADEQUATE PUBLIC FACILITY REQUIREMENTS ENVIRONMENTAL PERFORMANCE STANDARDS USE OF LAND AND STRUCTURES EXTERIOR LIGHTING ACCESSORY STRUCTURES AND USES PERMITTED ENCROACHMENTS INTO REQUIRED YARDS TEMPORARY USES PURPOSE The purpose of this Article is to address the site improvements on a lot other than the principal building. This includes adequate public facility requirements, environmental performance standards, exterior lighting regulations, accessory structures and uses, permitted encroachments into required yards and temporary uses. 21.2 ADEQUATE PUBLIC FACILITY REQUIREMENTS Land proposed for development must be served adequately by essential public facilities and services. Land will not be approved for development unless and until adequate public facilities exist or provision has been made for water facilities, wastewater facilities, drainage facilities and transportation facilities necessary to serve the proposed development, whether such facilities are located within the property being platted or outside of the site. This policy may be defined further and supplemented by other City ordinances. A. Conformance to Plans Proposed public improvements must conform to to the Master Plan and all applicable public facilities and capital improvements plans. B. Water All platted lots must be connected to a public water system or properly permitted to ensure water for health and emergency purposes, including adequate fire protection. C. Wastewater All platted lots must be served by an approved means of wastewater collection and treatment. D. Streets All streets must provide a safe, convenient and functional system for vehicular and pedestrian circulation and must be properly related to the City Major Street Plan. All streets must be appropriate for the traffic characteristics and impacts of the proposed development. E. Drainage Drainage improvements must accommodate potential runoff from upstream drainage areas and designed to prevent overloading the capacity of the downstream drainage system. The City may require the phasing of development, the use of control methods such as retention, detention or pumping systems, and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed development.
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Article 21 On-Site Development Standards
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F. Phasing The City may require the phasing of development or improvements to maintain current levels of service for existing public services and facilities or for other reasons based upon maintaining the health, safety and general welfare of the City's inhabitants. G. Subdivision Regulations All subdivisions must comply with the City of New Orleans Subdivision Regulations. H. Wetlands Any development of lots located, or partially located, within the area subject to the Coastal Resources Management Act of 1978 requires a Coastal Use Permit, in accordance with the City Code. 21.3 ENVIRONMENTAL PERFORMANCE STANDARDS All uses must be operated to comply with standards of performance, or their equivalent, which have been, or which may be adopted or amended from time to time, by the Air Control Commission of the State of Louisiana pursuant to the Revised Statutes of Louisiana. All uses must be operated to comply with the performance standards described in this section below. In addition to these performance standards, all uses must beconstructed, maintained and operated to prevent negative impacts to the use and occupation of adjacent premises, including impacts from the emission or creation of noise, vibration, odor, radiation, fire, explosive hazard or glare. Nothing in this section is intended to alter, change, modify or abrogate any authority granted exclusively to any State commission. These standards do not apply to construction sites. A. Noise No activity or use may be conducted in a manner that generates a level of sound, as measured on another property, greater than that allowed by the City Code and any federal or state regulations, as amended from time to time. These limits do not apply to noises that result from construction, safety signals or warning devices, and moving sources, such as motor vehicles, railroads and aircraft. This section does not apply to noises not directly under the control of the owner or occupant of the property, B. Glare and Heat Any activity or the operation of any use that produces glare or heat must be conducted so that no glare or heat from the activity or operation is detectable at any point off the lot where the use is located. Flickering or intense sources of light must be controlled or shielded so as not to cause a nuisance across lot lines. C. Vibration Continuous, frequent or repetitive vibrations that exceed 0.002g peak at up to fifty (50) cycles per second (cps) frequency outside of the lot are prohibited. In general, this means that a person of normal sensitivities does not feel any vibrations at any point off the lot where the use is located. Seismic or electronic vibration measuring equipment, such as an accelerometer, may be used for measurements to verify the level of vibration off the lot where the use is located. Vibrations from vehicles that leave the site, such as trucks, trains, airplanes and helicopters, are exempt from this regulation. Vibrations lasting less than five (5) minutes once in any twenty-four (24) hour period are also exempt.
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D. Dust and Air Pollution Dust and other types of air pollution, borne by the wind from sources, such as storage areas, yards, roads, conveying equipment and the like, within lot boundaries, must be kept to a minimum by appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting or other acceptable means. E. Discharge and Disposal of Radioactive and Hazardous Waste The discharge of fluid and the disposal of solid radioactive and hazardous waste materials must comply with applicable federal, state and local laws and regulations governing such materials or waste. No operation that produces radioactive or hazardous waste material may commence without prior notice to the City as required by all local, state and federal regulations. Radioactive and hazardous material waste must be transported, stored and used in conformance with all applicable federal, state and local laws. F. Electromagnetic Interference Electromagnetic interference from any operation of any use in any district must not adversely affect the operation of any equipment located off the lot on which such interference originates. G. Odors Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public, or which interferes unreasonably with the comfort of the public, must be removed, stopped or modified so as to remove the odor. Odors lasting less than fifteen (15) minutes per day are exempt from this regulation. H. Toxic Substances The storage, handling, or transport of toxic substances must comply with all federal, state and local regulations. I. Fire and Explosion Hazards Materials that present potential fire and explosion hazards must be transported, stored and used only in conformance with all applicable federal, state and local regulations. J. Proper Drainage The operation of any use in any district must provide for adequate stormwater drainage of the site and must be designed to prevent overloading the capacity of the drainage system, including the requirements of Section 23.13 (Stormwater Management Practices). K. Litter Control All non-residential uses are required to submit a litter abatement plan.
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21.4
USE OF LAND AND STRUCTURES A. Number of Structures on a Lot 1. Except in the Historic Core Districts as per Paragraph 2 below, no more than one (1) principal building per lot is permitted in all single-family and two-family zoning districts. In all other districts, more than one (1) principal building may be erected on a single lot, provided that each structure complies with all yard and bulk requirements of a district as if it were a principal building on an individual lot. 2. In all Historic Core Districts, more than one (1) principal building may be permitted on a lot of record provided that historical authentication can verify the historical existence of more than one (1) building on such lot. Such information must be properly documented to the Department of Safety and Permits and, in the case of the Vieux Carr Districts, the Vieux Carr Commission. B. All Activities within an Enclosed Structure Within all districts, all activities must be conducted entirely within an enclosed structure, with the exception of the following activities and uses: 1. Off-street parking and loading, in accordance with Article 22 (Off-Street Parking and Loading). 2. Outdoor businesses, and those businesses with a required outdoor component, including, but not limited to, outdoor amusement facilties, restaurants with outdoor dining, car washes, contractor and outdoor storage yards, kennels and similar businesses. However, these businesses may be limited or the outdoor components prohibited as part of a conditional use permit, where applicable. 3. Outdoor storage, and outdoor sales and display areas. 4. Any temporary uses in Section 21.7 that are conducted outdoors. 5. Flea markets and green markets. C. Frontage on a Public or Private Street All lots must front on a public or private street. D. Applicability of Bulk and Yard Requirements All structures erected after the effective date of this Ordinance must meet the bulk and yard requirements for the zoning district in which the structure is located. No existing structure may be enlarged, altered, reconstructed or relocated in such a manner that conflicts with the requirements of the zoning district in which the structure is located, unless a variance (Section 4.5) is approved by the Board of Zoning Adjustments. E. Applicability of Use Restrictions No structure or land may be used for any use other than one allowed as either a permitted or conditional use in the zoning district in which such structure or land is located, unless additional uses are permitted as part of a planned unit development. Structures or land may also be used for a temporary use or accessory use, in accordance with the requirements of this Ordinance.
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F. View Obstruction The site clearance area at the intersection of two (2) streets is defined as a triangular area of a corner lot measured twenty (20) feet from the point of intersection of the two (2) streets measured along the curb line or edge of pavement where no curbs are present. The site clearance area must not be obstructed by any sign, wall, fence, hedge, shrub or other accessory structure or landscape which exceeds twenty-four (24) inches in height. Trees may be maintained within this area as long as there is no foliage within thirty-six (36) inches of the ground, as measured from the ground to the lowest foliage. In the event that the grade of a lot is higher than the street grade, the height of the wall, fence, hedge, or shrub must be reduced so that the site clearance area is not obstructed twenty-four (24) inches over the grade of the street. (See Figure 21-1: View Obstruction) FIGURE 21-1: VIEW OBSTRUCTION
21.5
EXTERIOR LIGHTING A. Light Trespass and Distraction 1. No exterior lighting may glare into, or upon, the surrounding area or any residential premises. In addition, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public streets. The light level must be no greater than one-half (0.5) footcandle at a residential property line and one (1) footcandle at any non-residential property line or public right-of-way line. 2. Specifically, the following types of light trespass are prohibited: a. Any light not designed for roadway illumination that produces direct or reflected glare that could disturb the operator of a motor vehicle. b. Any light that may be confused with, or construed as, a traffic control device, except as authorized by state, federal or local government.
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B. Unshielded Lighting The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires, or any other type of support, are prohibited, except on a temporary basis in areas where approved carnivals, fairs or similar activities are held and only when such activities are taking place. C. Light Pole and Building-Mounted Lighting Heights The maximum height of light poles on private property, such as in off-street parking lots, is specified below. Maximum height is measured from grade at the base to the bottom of the luminaire. These standards do not apply to public right-of-way lighting. 1. Non-Residential Uses a. Lights poles and building-mounted fixtures must be designed with fully shielded luminaires. Such poles or mounts are limited to a maximum of fifteen (15) feet in height. b. Light poles for outdoor recreational facilities, including those that are part of an educational facility, are limited to a maximum of sixty (60) feet in height. c. Lighting mounted on a non-residential structure is limited to a maximum height of fifteen (15) feet as measured from the first floor elevation. 2. Residential Uses a. Light poles for single- and two-family dwellings, including any accessory structures or uses on site, are limited to a maximum of eight (8) feet in height. b. Light poles for multi-family and townhouse dwellings, including any accessory structures or uses on site, are limited to a maximum of twelve (12) feet in height. c. Under-soffit lighting for a residential dwelling may be mounted to a maximum height of fifteen (15) feet as measured from the first floor elevation. 21.6 ACCESSORY STRUCTURES AND USES A. General Application 1. All accessory structures and uses are subject to the requirements of this Section and the requirements of Section 21.7 (Permitted Encroachments) below. Additional accessory structures not regulated in this section may be regulated in Section 21.7 (Permitted Encroachments). 2. Only those accessory structures permitted by this section or Section 21.7 (Permitted Encroachments) are permitted in required yards. 3. The combined square footage of all detached accessory structures located in the rear yard are limited to no more than forty percent (40%) of the required rear yard. 4. Only one (1) detached accessory structure is permitted in a required interior side yard. 5. No detached accessory structure may be constructed prior to construction of the principal building to which it is accessory.
City of New Orleans Comprehensive Zoning Ordinance 21 - 6 DRAFT CZO - 2011 Article 21 On-Site Development Standards
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6. No detached accessory structure may be used for habitation. 7. Detached accessory structures are limited to a maximum height of fourteen (14) feet, unless otherwise permitted or limited by this Ordinance. 8. Detached accessory structures must be located a minimum of three (3) feet from any lot line, unless otherwise permitted by this Ordinance. 9. In the Historic Core and Historic Urban Neighborhood Districts, a detached accessory structure may be built on the interior side or rear lot line provided there is no existing structure on the adjoining lot located on or within three (3) feet of the common interior side or rear lot lines. The wall of the accessory structure built on a property line must meet all standards of the fire code and must include gutters to drain water away from the adjoining lot. 10. In the case of a corner lot, when an accessory structure is located in the rear yard and the rear yard abuts the interior side and/or front yard of a lot, the accessory structure must be located three (3) feet from the rear lot line and may not be located in front of the abutting structures front or side building line. In such case, the accessory structure may encroach into the corner side yard but may not be located in front of the abutting structures front or side building line. (See Figure 21-2: Accessory Structure on Corner Lot Setback) FIGURE 21-2: ACCESSORY STRUCTURE ON CORNER LOT SETBACK
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B. Accessibility Ramp 1. Accessibility ramps are permitted in a required front, interior side or rear yard. a. Ramps within the front yard must be designed to minimize encroachment into the required front yard. b. Ramps may extend or project into a required rear yard without limitation. 2. Weather protection may be provided over the ramp and landing provided there is a two (2) foot distance between the awning or canopy and any lot line. C. Amateur (HAM) Radio Equipment 1. Towers that solely support amateur (HAM) radio equipment and conform to all applicable performance standards are permitted in the rear yard but must be located ten (10) feet from any lot line. Towers may not exceed the maximum building height of the applicable district. 2. Antenna may be ground-, building- or roof-mounted. Every effort must be made to install radio antennae in locations that are not readily visible from neighboring properties or from the public right-of-way, excluding alleys. 3. If an applicant applies for a variance for an antenna or tower to exceed the height limitations, the applicant must provide evidence that a taller tower and/or antenna is necessary to engage successfully in amateur radio communications. In addition, the applicant must provide evidence that the tower and/or antenna is not a hazard to birds (i.e., minimal chance of bird strikes). Such tower and/or antenna must conform to all applicable performance standards. As part of the application, the applicant must submit a site plan showing the proposed location of the tower and/or antenna, as well as its relation to the principal building and any additional accessory structures. D. Boat Docks, Piers and Wharves 1. Projection of boat docks, wharves, and piers into waterways beyond the waterway line, lot lines, or established bulkhead lines, or the placing of mooring piles or buoys are limited by applicable ordinances of the City and applicable regulatory agencies. 2. Groins (groynes), levees, bulkheads, pilings, breakwaters and other similar structures must be erected and maintained in accordance with applicable locations and construction standards of the City and other applicable regulatory agencies. E. Carport 1. A carport, whether attached to the principal building or as a detached structure, may be constructed in a required interior side yard but the wall of the carport must be located no less than three (3) feet from the interior side lot line. A carport may be attached to an enclosed accessory building provided that no wall of such accessory building is less than forty (40) feet from the front lot line and the wall of the carport is located no less than three (3) feet from the interior side lot line. (See Figure 21-3: Carport) 2. Every part of the projection of such carport must be at least two (2) feet from the interior side lot line. The length of a carport may not exceed forty (40) feet. 3. The height of any carport may not exceed fourteen (14) feet.
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4. A carport, whether attached to or detached from the principal building must be unenclosed on any interior side yard and on the corner side yard and on the side nearest the side lot line. FIGURE 21-3: CARPORT
F. Columbarium A columbarium is permitted as an accessory structure to places of worship located on a lot a minimum of twenty-thousand (20,000) square feet in area. G. Crab Traps In all residential districts, except the RRE District, a maximum of ten (10) crab traps is permitted for the recreational use of the occupant(s) of the residence. There is no restriction on the number of crab traps in other districts.
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H. Fences and Walls 1. General Fence Requirements Unless otherwise restricted by Paragraphs 2 and 3 below, all fences and walls are subject to the following regulations. a. Unless otherwise permitted or restricted by this Ordinance, a fence or wall may be located in any yard but may not exceed seven (7) feet in height. Fences in front yards must be an open fence. b. Unless otherwise permitted or restricted by this Ordinance, a fence or wall may be erected along a boundary between a residential district and a commercial or industrial district to a height not exceeding ten (10) feet. 2. Height and Material Requirements in the S-LRS2 and S-LRD1 Districts a. The maximum height of a fence or wall in the S-LRS2 and S-LRD1 Districts is as follows: i. Front Yard: One and one-half (1.5) feet
ii. Side Yard - From the front building line to the front property line: One and onehalf (1.5) feet iii. Side Yard - From the front building line to the rear property line: Five (5) feet iv. Rear Yard: Five (5) feet b. Fences and walls in the S-LRS2 and S-LRD1 Districts must be constructed of the following materials: iron, wood, wire, brick, stone or any combination thereof. 3. Fence Requirements in Historic Districts Fences in the historic districts are subject to the historic district regulations. I. Garages, Attached and Detached The following design standards apply to all residential garages. Attached garages are not considered an accessory structure (i.e., they are part of the principal structure) but are subject to the regulations of this section for attached garages. 1. Attached Garages a. Front-loaded attached garages are limited to no more than fifty percent (50%) of the width of the front faade of the house, as measured along any building line that faces the street. (See Figure 21-4: Attached Garage Design) b. Windows, doors and roof treatments of that part of the garage facing the street must incorporate architectural detail expressive of a residence. c. Garage openings, windows, columns, trims, decorative paneling and color must deemphasize the visual impact of the garage in relation to the building as a whole.
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2. Detached Garages a. A detached garage is limited to sixteen (16) feet in height. b. The area above the vehicle parking spaces in a detached garage may be utilized for storage, but not living space. Kitchens are prohibited. c. A detached garage is limited to nine hundred (900) square feet in area. d. Detached garages are permitted in the rear and interior side yards and must be located a minimum of three (3) feet from any lot line. However, in the case of a corner lot, when a detached garage is located in the rear yard and the rear yard abuts the interior side and/or front yard of a lot, the detached garage must be located three (3) feet from the rear lot line and may not be located in front of the abutting structures front or side building line. In such case, the detached garage may encroach into the corner side yard but may not be located in front of the abutting structures front or side building line. (See Figure 21-2) e. Detached garages must be consistent with the architecture and design of the principal building. Consistency of design includes the use of the same palette of materials as the principal building, roofing, roof pitch, trim and colors. f. Detached garages must be located a minimum of six (6) feet from the principal structure on a lot. The distance is measured from the exterior walls of the structures.
J. Gazebo Gazebos are permitted in the rear yard, provided they comply with the following requirements. 1. Each surface of the gazebo must be at least twenty-five percent (25%) open. 2. Gazebos are limited to fourteen (14) feet in height. The gazebo platform must be no higher than four (4) feet above grade. Gazebos are limited to one-hundred twenty (120) square feet in area. 3. The gazebo must be set back a minimum of three (3) feet from any lot line and six (6) feet from any principal structure. K. Home Occupation A home occupation is an accessory use and is subject to the following requirements. 1. The home occupation must be conducted entirely within the dwelling and must be clearly incidental and secondary to the use of the dwelling for residential purposes. No home occupation may be operated in an accessory structure. 2. The home occupation is limited to fifteen percent (15%) of the floor area of the dwelling unit. 3. A home occupation may not be established prior to the member(s) of the family conducting the home occupation taking possession of, and residing in, the dwelling. 4. No person other than a resident of the dwelling may be employed as part of a home occupation.
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5. Vehicular traffic and on-street parking must not be increased beyond what normally occurs through residential usage. 6. The receipt, sale or shipment of deliveries is not permitted on or from the premises, with the exception of regular U.S. Mail and/or an express shipping service that is characteristic of service to residential neighborhoods. Other types of truck deliveries are not permitted. 7. A home occupation must not generate noise, solid waste, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in a residential use. No outside storage or display of materials, merchandise, inventory or heavy equipment is permitted. No mechanical equipment is permitted, except that which is normally used for domestic or household purposes. 8. No stock, merchandise or products may be displayed, stored or sold on the premises. 9. No exterior alteration that changes the residential character of the principal building is permitted. A separate entrance from the outside of the building to the home occupation is prohibited. 10. A home occupation sign in accordance with Article 24 (Signs) is permitted. Additional signs are prohibited. 11. Any type of motor vehicle service and repair or beauty salon are prohibited home occupations. 12. Day care homes are not considered a home occupation. 13. All home occupations require an occupational license from the Director of the Department of Safety and Permits. L. Ice and Propone Storage Machines Ice and propane storage machines may be located on the exterior of a structure in accordance with the section. All other vending machines, such as video rentals and change converter machines, must be located inside the principal building. 1. Ice and propane storage machines are permitted for commercial uses of two-thousand five-hundred (2,500) square feet or more of gross floor area. However, in the S-LB2 District ice and propane storage machines are permitted for commercial uses of fivethousand (5,000) square feet or more of gross floor area. 2. Ice and propane storage machines must be placed against the exterior of the principal building and cannot encroach into any public right-of-way or into any required yard, unless permitted in Paragraph 3 below. Ice and propane storage machines located against the exterior of the principal building cannot encroach into any public right-of-way or into any required yard. 3. Freestanding ice storage machine are permitted for commercial uses in the Destination Districts. Freestanding ice storage machine are prohibited in the required front yard. Freestanding ice storage machines may be located in the required corner side, interior side or rear yard but must be three (3) feet from any property line. No freestanding ice storage machine may be located within a required parking space.
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4. The ice and propane storage machines must be placed so that customers accessing these units do not block the public right-of-way. 5. Ice and propane storage machines must not exceed eight (8) feet in height, four (4) feet in width and five (5) feet in length. 6. The only sign permitted is the word ICE or PROPANE as applicable The size of the sign is limited to one (1) square foot in area. 7. The color of these units must be unobtrusive. Ice or propane storage machines placed against the exterior of the principal building may be steel gray or neutral tones only. Freestanding ice storage machines must be located within a structure must be consistent with the architecture and design of the principal building. Consistency of design includes the use of the same palette of building materials as the principal building, trim and colors. Structures must not exceed nine (9) feet in height, five (5) feet in width and six (6) feet in length 8. The area surrounding the ice and propane storage machines must be kept free of any junk, debris or other material. M. Mechanical Equipment 1. Ground-based mechanical equipment including, but not limited to, heating, ventilating and air-conditioning (HVAC) units, swimming pool equipment and back-up electrical generators, may be located in the interior side or rear yard but must be located at least five (5) feet from a rear lot line and three (3) feet from an interior side lot line, where at least two (2) feet of that distance remains open to the sky. Ground-based mechanical equipment is prohibited in the front or corner side yard. 2. However, any existing ground-based mechanical equipment that does not comply with the location requirements as of the date of adoption of this Ordinance is considered legally conforming and may be replaced and repaired. 3. All approved ground-based mechanical equipment, including, but not limited to, HVAC units, must be screened when readily visible from the public right-of-way, excluding alleys. Screening materials may be masonry, wood or landscaping, and must effectively screen mechanical equipment so no portion is readily visible from that public right-of-way. Color and texture of a masonry screen wall must be compatible with the color and texture of the principal building on the site. If ground-based mechanical equipment is screened by a structure, fencing or landscaping, such that it is not readily visible from that public right-of-way, it will be considered to have met these requirements. 4. Ground-based mechanical equipment must be constructed above base floor elevation (BFE), when applicable. If the equipment is constructed so that it is higher than a fence in the interior side yard, it may not be located within the interior side yard. 5. Any roof-mounted mechanical equipment must be set back at least six (6) feet from any wall of the building to permit safe access to the roof. N. Multi-Family Dwelling Accessory Structures and Uses The following types of accessory structures and uses are permitted within multi-family dwellings: 1. An office containing an area of not more than two percent (2%) of the gross floor area of the building and located in a main building for administration purposes.
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2. Coin-operated vending machines, such as for candy, tobacco, ice, soft drinks and sundries, inside a building with ten (10) or more dwelling units. 3. A retail goods establishment with no retail sales of alcohol operated primarily for the convenience of occupants of a multiple-family dwelling containing fifty (50) or more dwelling units. 4. Retail goods establishment, personal service establishments, restaurants limited to residents and their guests, and bars limited to residents and their guests within a building containing one-hundred (100) or more dwelling units. Such commercial areas must not exceed ten percent (10%) of the gross floor area of the building. O. Murals 1. Application a. No person, firm or corporation may commence a mural installation on a site without first obtaining approval from the Design Advisory Committee. The applicant must submit an application for a mural permit to the Executive Director of the City Planning Commission. The applicant may not commence any mural installation before the Design Advisory Committee has approved the requested permit. A separate application is required for each mural on a site. b. Any structure within a local historic district or on a historically designated structure requires approval of the Historic District Landmarks Commission prior to review by the Design Advisory Committee. If the Historic District Landmarks Commission does not approve the mural, the mural is prohibited. 2. Required Submittals a. Building elevation drawn to scale that identifies: i. The faade on which the mural is proposed.
ii. The location of existing and proposed murals. iii. The mural dimensions. iv. The height of the mural above grade. v. The building eave/cornice and roofline. b. General drawing and written description of the type of mural (painted, mosaic, etc). c. If the mural is not painted directly on a wall surface, details showing how the mural is affixed to the wall surface. 3. Standards a. Murals are considered public art. Murals are not permitted to advertise any product, service or brand. No off-premise advertising is permitted. Non-commercial messages are permitted.
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b. Mural areas will not be painted on or obscure architectural features such as windows, doors (other than egress-only), pilasters, cornices, signs required by the City Code, window, door or other building trim, feature bands and other recessed or projecting features. c. Murals with any element that weighs more than seven (7) pounds per square foot, or in total weighs more than four-hundred (400) pounds requires structural review and approval from the Director of the Department of Safety and Permits. d. Building owners are responsible for ensuring that a permitted mural is maintained in good condition and is repaired in the case of vandalism or accidental destruction. e. Muralists and building owners are encouraged to use protective clear top coatings, cleanable surfaces, and/or other measures that will discourage vandalism or facilitate easier and cheaper repair of the mural if needed. P. Outdoor Sales and Display, and Outdoor Storage 1. Outdoor Sales and Display Retail goods establishments and motor vehicle dealerships are permitted outdoor sales and display of merchandise, by either a storeowner or occupant, outside the store and within the same lot. Any lawfully existing retail goods establishment or motor vehicle dealership is permitted to display and sell its merchandise outdoors under the following conditions: a. No sales and display area is permitted in any public right-of-way or located so as to obstruct pedestrian or vehicular traffic. No sales and display area is permitted in a required yard. b. No required parking area may be used as an outdoor sales and display area. c. The outdoor sales and display of automobile parts, such as tires, is prohibited. d. Vending machines accessory to commercial uses, such as ice and propane storage machines and DVD vending machines, are regulated by Paragraph L above. 2. Outdoor Storage The following uses are permitted outdoor storage: nursery, including the growing of plants in the open, heavy sales, rental and service, motor vehicle dealership and rental establishment, motor vehicle operations facility, motor vehicle service and repair, minor or major, light, heavy and maritime-dependent manufacturing, outdoor storage yards, and contractor storage yards. These uses are permitted outdoor storage in accordance with the following provisions: a. No outdoor storage is permitted in any public right-of-way or located so as to obstruct pedestrian or vehicular traffic. No outdoor storage is permitted in a required yard. b. All manufacturing, assembly, repair or work activity must take place inside an enclosed building. This does not apply to heavy industrial or maritime industrial uses that are typically conducted outdoors or have an outdoor component. c. No required parking area may be used as an outdoor storage.
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d. No materials stored or displayed outdoors may be of a greater height than that of the required screening, with the exception of storage of construction equipment. e. All outdoor storage must comply with the screening requirements of Section 23.12 (Screening Requirements). Q. Pool House/Cabana 1. Construction of a pool must be completed prior to or simultaneously with completion of the pool house/cabana. 2. Only one (1) pool house/cabana is permitted on a lot. 3. The total floor area of a pool house/cabana is limited to eight-hundred (800) square feet. A pool house/cabana is limited to a height of sixteen (16) feet and one (1) story. 4. A pool house/cabana is permitted in the rear yard only and must be located a minimum of three (3) feet from any lot line. 5. Kitchen and cooking facilities are prohibited. However, a wet bar may be provided, limited to the following features: a. A counter area with a maximum length of seven (7) feet. b. The counter area may include a bar sink and an under-counter refrigerator. c. The counter area may include an overhead cupboard area not to exceed seven (7) feet in length. d. No cooking facilities are permitted in the wet bar area. 6. A pool house/cabana may contain bathrooms. 7. Use of a pool house/cabana as temporary sleeping quarters or a dwelling unit is prohibited. R. Porches, Steps and Stoops 1. Unenclosed porches, including any attached steps, steps and stoops may encroach six (6) feet into any required front yard. Unenclosed porches, steps and stoops may also encroach into a corner side or interior side yard but must be located a minimum of three (3) feet from any lot line. However, within the Historic Core Districts, steps and stoops may encroach into the public right-of-way in keeping with the established development pattern. A long-term grant of servitude from the Department of Property Management is required for this type of encroachment. 2. Unenclosed porches and stoops are limited to a maximum height of five (5) feet above grade. However, where the base flood elevation requires the unenclosed porch or stoop to be raised above five (5) feet, such limit will serve as the maximum height above grade. 3. Enclosed porches must meet all yard requirements.
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S. Public Transit Wait Stations Public transit wait stations must be approved by the Department of Public Works to insure that: 1. Facilities are sited to avoid the creation of a potential hazard for adjacent streets, roadways or driveways. 2. Facilities do not obstruct public sidewalks or pedestrian ways. 3. The design of public transit wait stations must be approved by the Design Advisory Committee. In Vieux Carr Districts, approval by the Vieux Carr Commission is also required. In the historic districts, approval by the Historic District Landmarks Commission is required. T. Satellite Dish Antennas 1. General Requirements a. Satellite dish antennas must be permanently installed on a building, in the ground or on a foundation, and may not be mounted on a portable or movable structure. b. Subject to operational requirements, the dish color must be of a neutral color, such as white or grey, and blend with the surroundings as best as possible. No additional signs or advertising are permitted on satellite dish itself, aside from the logos of the satellite dish service provider or dish manufacturer. c. Cables and lines serving ground-mounted satellite dish antennas must be located underground. d. Compliance with all federal, state and local regulations is required in the construction, installation and operation of satellite dish antennas. e. All exposed surfaces of the antenna must be kept clean and all supports painted to maintain a well-kept appearance. Antennas no longer in use must be removed. 2. Small Satellite Dish Antennas (One Meter or Less in Diameter) Small satellite dish antennas, which are one (1) meter or less in diameter, are subject to the general requirements of Paragraph 1 above. Every effort must be made to install small satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right-of-way. 3. Large Satellite Dish Antennas (One Meter or More in Diameter) a. Residential Districts i. Large satellite dish antennas are permitted in the rear yard, and must be set back a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five (5) feet from any lot line.
ii. The overall height of a large satellite dish antenna is limited to twelve (12) feet.
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iii. A large satellite dish antenna must be located and screened so that it cannot be readily seen from public streets or adjacent properties. Screening includes fences, plant materials and/or earth berms located to conceal the sides and rear of the antenna and its support structure. Plants must be, at minimum, five (5) feet tall at the time of installation. c. Non-Residential Districts i. Large satellite dish antenna are permitted only in the rear or interior side yard, and must be set back a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five (5) feet from any lot line.
ii. Roof-mounting is permitted only if the satellite dish antenna is in scale with the overall building mass and location, and must be screened by an architectural feature. The visible portion of the dish should not comprise more than twenty-five percent (25%) of the corresponding height or width of the screen. iii. Ground-mounted satellite dish antenna must provide screening, which includes fencing, berming or landscaping to accomplish the following: (a) All ground-mounted accessory equipment and the lower part of the support structure must be completely screened. (b) Where feasible, trees must be installed to the side and rear of the antenna and at a height/elevation equal to the tallest portion of the dish U. Solar Panels 1. Solar panels may rise no more than eighteen (18) inches from the roof surface. In the case of a flat roof, solar panels must be set back six (6) feet from any building wall. 2. Roof-mounted solar panels should be placed in a location least visible from the public street; however, this does not prohibit the installation of solar panels on a roof that may be visible when that exposure, particularly a southern exposure, is the most viable location. When feasible, solar panels must be integrated into the structure as an architectural feature. 3. Solar panels must be mounted to minimize glare onto adjacent properties. 4. A solar panel is considered a permitted appurtenance and is not subject to the building height limitations of the district. V. Swimming Pools 1. Swimming pools may be located within a required rear or interior side yard provided the pool is not located closer than four (4) feet to a rear or interior side lot line. 2. Adequate handrails must be provided for pool entry and exit. 3. Every swimming pool must be protected by a safety fence or barrier of at least five (5) feet. A walk space at least three (3) feet in width must be provided on two (2) sides or fifty percent (50%) of the exterior of the pool, whichever is greater, between the pool walls and protective fences or barrier walls.
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W. Truck Marshalling Yard 1. Truck marshalling yards are permitted as an accessory use to the following principal uses: a. Arena b. Convention center c. Fairgrounds d. Light manufacturing in the Centers for Industry Districts e. Heavy manufacturing in the Centers for Industry Districts f. Maritime manufacturing in the Centers for Industry Districts
2. A truck marshalling yard must be located on the lot and serve the use where the yard is located. 3. No truck marshalling is permitted on public rights-of-way. X. Water Feature 1. Water features must not be designed for any swimming, wading or recreational use. 2. Water features are limited to a maximum depth of eighteen (18) inches. 3. The maximum size of a single container feature is limited to one hundred (100) square feet. The maximum size of a multiple container feature is limited to two hundred and fifty (250) square feet total. 4. A water feature must be located a minimum of three (3) feet from any lot line. 5. Re-circulating water systems must be used for water features. 6. Recycled water must be used as the water source for decorative water features when available. Y. Wind Turbines (Private) Private wind turbines are subject to the following requirements. 1. Private wind turbines are subject to the following height restrictions: a. The maximum height of any ground-mounted wind turbine is sixty-five (65) feet or twenty (20) feet above the tree line, whichever is greater. b. The maximum height of any wind turbine mounted upon a structure is fifteen (15) feet above the maximum permitted height for such structure. However, the maximum height of any wind turbine mounted upon a single-family or two-family dwelling is the height limit of the applicable zoning district. c. Maximum height is the total height of the turbine system including the tower, and the maximum vertical height of the turbine blades. Maximum height therefore is calculated measuring the length of a prop at maximum vertical rotation to the base of
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the tower. The maximum height of any ground-mounted wind energy system is measured from grade to the length of a prop at maximum vertical rotation. d. No portion of exposed turbine blades (vertical access wind turbine) may be within twenty (20) feet of the ground. Unexposed turbine blades (horizontal access wind turbine) may be within ten (10) feet of the ground. 2. Ground-mounted wind energy systems may be located in the rear yard only. No part of the wind system structure, including guy wire anchors, may extend closer than ten (10) feet to the property boundaries of the installation site. The system tower must be set back from all lot lines equal to the height of the system. No principal buildings may be located within this area. 3. All wind energy conversion systems must be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the residential wind energy system. 4. Wind energy systems may not exceed sixty (60) dBA, as measured at the lot line. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms. 5. Wind turbines must be approved by a small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Noncertified residential wind turbines must submit a description of the safety features of the turbine prepared by a registered mechanical engineer to the Director of the Department of Safety and Permits as part of the building permit. 6. Wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. 7. Building permit applications for wind energy systems must be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to all electrical codes. 21.7 PERMITTED ENCROACHMENTS INTO REQUIRED YARDS An encroachment is the extension or placement of any structure or architectural feature into a required yard. Additional restrictions on permitted encroachments, including additional yard requirements and bulk regulations, as well as additional permitted accessory structures, can be found in Section 21.6 (Accessory Structures and Uses) above and may be referenced within the following table. Permitted encroachments are found in Table 21-1: Permitted Encroachments into Required Yards.
TABLE 21-1: PERMITTED ENCROACHMENTS INTO REQUIRED YARDS Y= PERMITTED // N= NOT PERMITTED YARD TYPE OF ENCROACHMENT INTO REQUIRED YARD Accessibility Ramp - Subject to Section 21.6.B Air Conditioner Window Unit - No more than 18 into any required setback Amateur (HAM) Radio Antenna - Subject to Section 21.6.C FRONT YARD, CORNER SIDE YARD Y Y N INTERIOR SIDE YARD Y Y, but no more than 2 from a lot line N REAR YARD Y Y Y
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TABLE 21-1: PERMITTED ENCROACHMENTS INTO REQUIRED YARDS Y= PERMITTED // N= NOT PERMITTED YARD TYPE OF ENCROACHMENT INTO REQUIRED YARD Arbor Awning All Districts Except Historic Core - Must be at least 2 from any lot line - No more than 5 into a required yard - Minimum clearance of 8 Awning Historic Core Districts - Must be at least 2 from any lot line - No more than 5 into a required yard - Minimum clearance of 8 - May encroach into the right-of-way with a long-term lease of servitude from the Dept. of Property Management Balcony and Gallery All Districts Except Historic Core - Must be located at least 2 above ground - No more than 4 into a required yard Balcony and Gallery Historic Core Districts - Must be located at least 2 above ground - May encroach into the right-of-way with a long-term lease of servitude from the Dept. of Property Management Bay Window - No more than 3 into required yard Boat Docks, Piers & Wharves - Subject to Section 21.6.D Carport - Subject to Section 21.6.E Cistern & Rain Barrel - Must be 2 from any lot line Chimney - No more than 18 into a required yard Compost Pile - Located only in rear yard Deck - No higher than 18 above grade Driveway Eaves - Maximum of 5 into a required yard - 2 from any lot line in all districts except Historic Core Districts - 1 from any lot line in Historic Core Districts Fire Escapes - No more than 5 into required yard Fence - Subject to Section 21.6.H Flagpole - No more than 3 per zoning lot - Not to exceed 30 in height Garage (Detached) - Subject to Section 21.6.I Gazebo - Subject to Section 21.6.J FRONT YARD, CORNER SIDE YARD Y INTERIOR SIDE YARD Y REAR YARD Y
Y N N Y Y N N Y
Y N Y Y Y N Y Y
Y Y Y Y Y Y, but 5 from any lot line Y, but no more than 10 into required yard Y
Y Y Y N N
Y Y N Y N
Y Y Y Y Y
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TABLE 21-1: PERMITTED ENCROACHMENTS INTO REQUIRED YARDS Y= PERMITTED // N= NOT PERMITTED YARD TYPE OF ENCROACHMENT INTO REQUIRED YARD Mechanical Equipment, Ground-Mounted - Subject to Section 21.6.M Ornamental Lighting, Lamp Posts, & Lawn Decorations (Benches, statues, birdbaths, sculptures, etc.) - Subject to exterior lighting regulations of Section 21.5 Outdoor Fireplaces - Located in the rear yard only Parking Pad - Subject to Article 22 Patio/Terrace - No more than 6 into any required yard Pool House/Cabana - Subject to Section 21.6.Q Porch, Unenclosed - Subject to Section 21.6.R Porch, Enclosed Recreational Equipment - Does not include equipment located on park/playground, educational facility or day care center - Located 5 from any lot line - Basketball standards & backboards are permitted in all yards Satellite Dish Antenna (1 meter or less in diameter) - Subject to Section 21.6.T Satellite Dish Antenna (More than 1 meter in diameter) - Subject to Section 21.6.S Sidewalk & Private Walkway Sills, belt course, cornices & ornamental features of the principal structure - But only 5 into a required yard and must be 2 from any lot line Steps & Stoops - Subject to Section 21.6.R Swimming Pool - Subject to Section 21.6.V Tennis Court/Game Court - Located in the rear yard only Water Feature - Subject to Section 21.6.X Wind Turbine (Private) - Subject to Section 21.6.Y FRONT YARD, CORNER SIDE YARD N Y N N Y N Y N INTERIOR SIDE YARD Y Y N Y Y N Y N REAR YARD Y Y Y, but 10 from any lot line Y Y Y, but 3 from any lot line Y N
Y N Y Y Y N N N Y
Y N Residential Districts Y Non-Residential Districts Y Y Y Y N N Y
Y Y Y Y Y Y Y Y Y
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21.8
TEMPORARY USES This section regulates temporary uses conducted on private property. Temporary uses that occur on public right-of-way are subject to the applicable regulations of the City Code. A. Temporary Use Permit Application 1. Any person, firm or corporation desiring to obtain a temporary use permit, as required by this Ordinance, must file an application on a form provided by the City with the Director of the Department of Safety and Permits, who may issue the temporary use permit. 2. The Director of the Department of Safety and Permits reviews and approves temporary use permits. The Director must determine that the proposed use complies with the requirements of this section and this Ordinance. Unless permitted by this section, every temporary use or structure must comply with the bulk requirements of the zoning district in which it is located. 3. Every temporary use must comply with this Ordinance and all local regulations. The Director of the Department of Safety and Permits may impose additional conditions as part of the temporary use permit approval to achieve the purposes of this Ordinance and to protect the public health, safety and welfare. No temporary use is permitted in any district if it would have a significant negative impact on any adjacent property or on the area as a whole. 4. In addition, the Director of the Department of Safety and Permits may require an occupational license for a temporary use. B. General Provisions Every temporary use must comply with all the requirements listed below. 1. A temporary use that causes, or threatens to cause, an on-site or off-site threat to the public health, safety and welfare is prohibited. 2. Every temporary use must be operated in accordance with such restrictions and conditions as the Fire Department may require. If required by the City, the operator of the temporary use must employ appropriate security personnel. 3. No temporary use is permitted if the additional vehicular traffic reasonably expected to be generated by such use would have undue detrimental effects on surrounding streets and uses. No temporary use may block handicapped or fire lanes. 4. No temporary use is permitted that would unreasonably reduce the amount of parking spaces available for use in connection with the permanent use or uses located on the lot in question. The Director of Department of Safety and Permits may make an assessment of the total number of parking spaces that will be reasonably required in connection with a proposed temporary use, on the basis of the particular use, its intensity and the availability of other parking facilities in the area. The Director of Department of Safety and Permits will approve the temporary use only if such parking spaces are provided. 5. No temporary use is permitted if it conflicts with another previously authorized temporary use for the same timeframe.
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C. Permitted Temporary Uses 1. Carnival/Circus Carnivals/circuses are permitted in any zoning district and must be evaluated on the basis of the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact, including noise, on other properties. These uses are not required to comply with the district yard and height requirements of this Ordinance. The concessionaire responsible for the operation of any such use must: a. Submit, in advance of the event, a site layout displaying adequate ingress and egress routes for emergency vehicles with no dead-end aisles. b. Comply with all local regulations. c. Provide refuse containers in the number and locations required by the City. All containers must be properly serviced. d. Provide for thorough clean-up of the site at the completion of the event. e. Provide proof that all amusement devices have been inspected by the proper authority. f. Upon written notice from the City, immediately stop the use of any amusement device or structure found by the City to pose a threat to the public safety.
2. Christmas Tree Sales Lot and Pumpkin Sales Patch Christmas tree sales and pumpkin sales patches are permitted for a non-residential use in any zoning district and must be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact on other properties. These uses are limited to a forty-five (45) day timeframe. 3. Farmers Markets (Temporary) a. Farmers markets are permitted for any non-residential use in any zoning district. Farmers markets may take place within parking lots when the principle use is not open for operation. b. The sale of food for consumption on or off the premises will require licensing by the City and approval by the Department of Health. Only the following products may be exhibited or offered for sale: fresh dairy goods, seafood, fruits, vegetables, juices, flowers, plants, herbs, and spices produced or grown by the vendor, baked goods made by the vendor, and arts and crafts made by the vendor. c. The sale of firearms and/or alcoholic beverages is prohibited. d. Hours of operation are limited to 8:00 a.m. to 6:30 p.m. e. An established litter abatement program is required for approval and permitting.
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4. Flea Markets a. Flea markets are permitted for any non-residential use in any non-residential zoning district. Flea markets may take place within parking lots when the principle use is not open for operation. b. The sale of food for consumption on or off the premises will require licensing by the City and approval by the Department of Health. c. The sale of firearms and/or alcoholic beverages is prohibited. d. Hours of operation are limited to 8:00 a.m. to 6:30 p.m. e. An established litter abatement program is required for approval and permitting. f. A flea market is limited to a period not to exceed three (3) consecutive days and no more than three (3) events on the same premises in any twelve (12) month period.
5. House, Apartment, Garage and Yard Sales House, apartment, garage and yard sales are allowed in any zoning district, but only when limited to personal possessions of, or arts and crafts made by, the owner or occupant of the dwelling unit where the sale is being conducted. These uses are limited to a period not to exceed three (3) consecutive days and no more than three (3) sales from the same residence in any twelve (12) month period. 6. Arts and Crafts Shows, and Plant Shows (Indoor or Outdoor) Arts and crafts shows, and plant shows are permitted in any zoning district and must be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and adverse impact on other properties. In residential districts, these uses are limited to a period not to exceed three (3) days and no more than three (3) sales in any twelve (12) month period. 7. Sno-ball Stand Sno-ball stands are permitted in any district where any restaurant use is permitted. Permanent seating is prohibited. Sno-ball stands are limited to a maximum floor area of one-hundred forty-four (144) square feet. Sno-ball stands may be operated on a seasonal basis between April 1st and September 30th. 8. Temporary Contractor Trailers, Construction Refuse Containers and Real Estate Model Units a. Temporary contractor trailers used in conjunction with construction operations are permitted when temporary facilities are located on the same site as the development and the building permit is valid. However, temporary facilities may be located on an adjoining site provided the zoning classification of the adjoining site is the same as or less restrictive than the zoning classification of the site being developed. Temporary facilities must be removed upon completion or abandonment of such construction or two (2) years from the date of the temporary facilities were erected, whichever comes first.
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b. Construction refuse containers used in conjunction with construction operations are permitted when the containers are located on the same site as the development and while the building permit is valid. Construction refuse containers must be removed upon completion or abandonment of such construction. Construction refuse containers must be located entirely on private property and may not block any means of access to the site. Construction refuse containers located on the public right-ofway are subject to the regulations of the City Code. c. Real estate model units, including temporary real estate offices, for the sale of improved or unimproved lots in a residential subdivision are permitted for two (2) years from the date they were erected. However, temporary offices may continue beyond the two (2) year limitation until such time as the developer owns ten (10) lots or less in the subdivision, provided that a certificate of occupancy is obtained each year, and the developer attests to ownership of more than ten (10) lots at the time the application is filed. The certificate is valid for one (1) year from the date of issuance, even if the number of lots owned by the developer is reduced to ten (10) or less lots during that time period. 9. Temporary Parking Lots Temporary parking lots are permitted in any district for special events, and, in addition to operation during the special event, may only be operated two (2) days before and two (2) days after the special event. Temporary parking lots must be evaluated on the basis of the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact, including noise, on other properties. A site layout displaying adequate ingress and egress routes for all vehicles must be submitted in advance of the event. No dead-end aisles are permitted. Temporary parking lots do not need to be paved. 10. Temporary Reviewing Stands Temporary reviewing stands located on private property are permitted with a temporary use permit subject to the following standards. Temporary reviewing stands located in the public right-of-way are subject to the standards of the City Code. a. Temporary reviewing standards are permitted only during the carnival parade season and must be located on the carnivals parade route. b. No more than one (1) reviewing stand is permitted per lot and must be located entirely on the lot. c. Temporary reviewing stands must not interfere with passage within the public rightof-way. 11. Temporary Storage Containers a. Temporary storage containers are permitted in any zoning district when used for loading or unloading. Containers are permitted on site for a period not to exceed fourteen (14) days for residential uses and seventy-two (72) hours for non-residential uses. No temporary use permit is required. b. Temporary storage containers used for permanent storage are prohibited. Containers may not be permanently attached to the ground, serviced with permanent utilities or stacked on the site. The use of shipping containers as a temporary storage container is prohibited.
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12. Temporary Telecommunications Carrier on Wheels (COW) a. A temporary telecommunications carrier on wheels (COW) may be placed in any zoning district for a maximum of ninety (90) days following a declaration of emergency by the city or state. This ninety (90) day time limitation may be extended by the City Council. A temporary use permit is not required. b. A temporary telecommunications carrier on wheels (COW) may be placed in any zoning district for a maximum of twenty-one (21) days to serve a community event, such as Mardi Gras or the New Orleans Jazz and Heritage Festival. A temporary use permit is required.
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ARTICLE 22. OFF-STREET PARKING AND LOADING

22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.1 PURPOSE GENERAL PROVISIONS COMPUTATION OF PARKING AND LOADING REQUIREMENTS REQUIRED OFF-STREET VEHICLE PARKING SPACES REQUIRED BICYCLE PARKING SPACES REQUIRED OFF-STREET LOADING SPACES DESIGN OF VEHICLE PARKING SPACES DRIVEWAY AND PARKING PAD DESIGN ACCESSIBLE VEHICLE PARKING REQUIREMENTS VEHICLE STACKING SPACES FOR DRIVE-THROUGH FACILITIES DESIGN OF BICYCLE PARKING SPACES DESIGN OF OFF-STREET LOADING SPACES STORAGE OF COMMERCIAL VEHICLES STORAGE OF RECREATIONAL VEHICLES PERMITTED OFF-STREET VEHICLE PARKING EXEMPTIONS COLLECTIVE AND ALTERNATING VEHICLE PARKING LAND BANKED FUTURE PARKING FEE-IN-LIEU OF VEHICLE PARKING PURPOSE The off-street vehicle parking, bicycle parking and loading regulations of this Article are intended to provide accessible, attractive, secure and well-maintained off-street parking and loading areas, provide the appropriate number of spaces in proportion to the demands of the proposed use, increase public safety by reducing congestion of public streets, and encourage the use of alternative modes of transportation. 22.2 GENERAL PROVISIONS The provisions of this Article are applied as follows: A. Existing Facilities 1. The existing number of off-street vehicle and bicycle parking and loading spaces must not be reduced below the minimum requirements of this Article. If the number of existing spaces is already less than the requirements of this Article, it may not be further reduced unless a variance is approved by the Board of Zoning Adjustments. 2. If a building permit was lawfully issued prior to the effective date of this Ordinance, and if substantial construction has begun within one-hundred eighty (180) days of the issuance of a permit, the number of off-street vehicle and bicycle parking and loading spaces is that required by building permit, and supersedes what may be required by this Article. B. Damage or Destruction In the event that a structure is damaged to the extent of less than fifty percent (50%) of its replacement value, the off-street vehicle and bicycle parking and loading facilities may be restored in the same amount prior to the damage. However, it is not necessary to restore or maintain vehicle and bicycle parking and loading facilities in excess of the amount required by this Ordinance.
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Article 22 Off-Street Parking and Loading
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C. Change in Intensity of Use Whenever the intensity of a use is increased based on an increase in the number of dwelling units, floor area, seating capacity or other unit of measurement used to calculate the number of required number of vehicle and bicycle parking spaces, additional spaces must be provided for that increase, except as described below: 1. Whenever there is an increase in the intensity of a use that creates a need for additional vehicle and bicycle parking spaces of ten percent (10%) or more, the additional spaces are required. No additional vehicle and bicycle spaces are required if the increase would result in an increase of spaces of less than ten percent (10%). This also applies to a simultaneous increase in intensity of a group of uses on the same lot which together result in a need for an increase in vehicle and bicycle spaces of ten percent (10%) or more. The ten percent (10%) threshold is calculated by dividing the number of additional spaces required by the increase in intensity divided by those spaces required before the increase. 2. An increase in the intensity of a use is permitted an off-street vehicle parking exemption in accordance with Section 22.15 (Permitted Off-Street Vehicle Parking Requirement Exemptions). 3. An increase in the intensity of a use is permitted to provide collective parking in accordance with Section 22.16 (Collective and Alternating Vehicle Parking). 4. An increase in the intensity of a use is permitted to use the fee-in-lieu vehicle parking provision in accordance with Section 22.18 (Fee-In-Lieu of Vehicle Parking). 5. A variance is obtained for the additional required vehicle and bicycle parking. D. Provision of Additional Vehicle Spaces 1. Nothing in this Article prevents the voluntary establishment of additional off-street vehicle and bicycle parking spaces above that required by this Ordinance, unless the Ordinance specifies a maximum number of vehicle spaces in Section 22.3 (Required Off-Street Vehicle Parking Spaces). There is no limit on the number of bicycle parking spaces that may be provided. 2. All regulations governing the location and design of additional facilities must meet the requirements of this Ordinance. 3. Where a use exceeds the minimum number of vehicle spaces required by Section 22.3 (Required Off-Street Vehicle Parking Spaces), the area used for additional spaces must be paved with a semi-pervious material, such as permeable pavers, porous asphalt, porous concrete, grass-crete or gravel-crete. E. Grandfathered Deficiency of Required Vehicle Parking 1. In order to encourage the reuse of existing structures, this Ordinance allows for the grandfathered deficiency of vehicle parking spaces of the immediate previous use. The Department of Safety and Permits is required to maintain records of all grandfathered vehicle parking. A property owner is required to show documentation from the Department of Safety and Permits of the grandfathered vehicle spaces.
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2. For illustrative purposes, the following example is provided. If the immediate previous use required ten (10) vehicle parking spaces but was only able to provide four (4) vehicle spaces, the six (6) vehicle spaces that the use was unable to provide are grandfathered with the site. When a new use is undertaken in the structure that requires twelve (12) vehicle spaces, it will be deficient eight (8) vehicle spaces, as four (4) are already constructed on the site. The six (6) deficient vehicle spaces from the previous use are then applied to this eight (8) vehicle space deficiency, meaning that the new user must provide two (2) more vehicle parking spaces or apply for a variance if unable to provide the additional vehicle spaces. See calculation below for further illustration of this example: SAMPLE CALCULATION OF GRANDFATHERED PARKING PROVISION
STEP 1 IMMEDIATE PREVIOUS USE: Required Parking IMMEDIATE PREVIOUS USE: Actual Parking GRANDFATHERED STEP 2 NEW USE: Required Parking NEW USE: Actual Parking NEW USE: Parking Deficiency STEP 3 NEW USE: Parking Deficiency GRANDFATHERED NEW USE: Additional Required Spaces 10 spaces 4 spaces 6 spaces 12 spaces 4 spaces 8 spaces 8 spaces 6 spaces 2 space
Subtract
Subtract
Subtract
3. Following complete demolition of a structure, the new construction and use on the site must meet all parking and loading requirements and the grandfathered deficiency provision is no longer applicable. F. Prohibition on Use of Parking Spaces The sale, repair or dismantling or servicing of any vehicles, equipment, materials or supplies, or the display of goods in off-street parking areas is prohibited, unless otherwise permitted by this Ordinance. 22.3 COMPUTATION OF PARKING AND LOADING REQUIREMENTS This section describes how the number of vehicle and bicycle parking and loading spaces are calculated based upon the requirements of this Article. The total number of required vehicle and bicycle parking and loading spaces is based upon the requirements for the principal use or uses located on the lot. A. Where multiple uses with different parking requirements occupy the same structure or lot, the required vehicle and bicycle parking and loading spaces is the sum of the requirements for each use computed separately, unless otherwise permitted by this Ordinance. B. Space allocated to any off-street loading space may not be used to satisfy the requirement for any off-street vehicle or bicycle parking space or access aisle or portion thereof. Conversely, the area allocated to any off-street vehicle or bicycle parking space may not be used to satisfy the replacement for any off-street loading space or portion thereof. C. A fraction of less than one-half () is disregarded, and a fraction of one-half () or more is counted as one (1) parking or loading space.
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D. For uses where patrons or spectators occupy benches, pews or open floor areas used for service, each twenty-four (24) linear inches of benches, pews or permanent seating areas or four (4) square feet of open floor areas used for seating is counted as one (1) seat for the purpose of determining the requirement for the required number of parking and loading spaces. E. Parking or loading spaces required on a public use floor area basis is based on the total floor area accessible to the public. This excludes areas such as offices, locker rooms, storage rooms and similar functions that are accessible only to employees. Public use floor area includes seating areas in restaurants, the entire bar area, any holding bar area and all public waiting areas. When a use includes both public use areas and private offices, the office areas are not considered part of public use area calculations. 22.4 REQUIRED OFF-STREET VEHICLE PARKING SPACES A. Except as otherwise provided in this Ordinance, the minimum number of off-street vehicle parking spaces to be provided for a principal use is listed in Table 22-1: Off-Street Vehicle Parking Requirements. All off-street vehicle parking must be completed prior to the final inspection required by the building permit. B. Table 22-1 lists vehicle parking requirements for the principal uses listed within the districts. In some cases, uses that are considered part of a generic use category are listed with specific vehicle parking requirements. These specific uses are listed only for the purposes of this section and do not indicate whether such uses are permitted or special uses within any district. Certain generic uses listed within the districts are not listed in Table 22-1 and therefore do not have vehicle parking requirements. C. When required, the Director of the Department of Safety and Permits will make a determination as to where a specific use fits within these requirements. The most similar use within Table 22-1 will determine the vehicle parking requirements for that use. D. The following vehicle parking maximums are applicable to all surface parking lots: 1. When new parking areas are constructed for shopping centers or fast food restaurants, the number of vehicle parking spaces provided may not exceed one-hundred and twentyfive percent (125%) of the required minimum. 2. When new parking areas are constructed for all other uses, the number of vehicle parking spaces provided may not exceed one-hundred and fifty percent (150%) of the required minimum. 3. Parking maximums do not apply in the LI, HI and MI Districts. E. Table 22-2: Summary of Off-Street Vehicle Parking Flexibilities and Exemptions summarizes the vehicle parking flexibilities and exemptions permitted by this Article. This table is provided as a summary only and must be verified against the provisions of this Article.
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TABLE 22-1: OFF-STREET VEHICLE PARKING REQUIREMENTS USE Adult Use Airport Animal Hospital Arena Art Gallery Artist Community Arts Studio Auditorium (Only applicable when Auditorium is principle use) Bar Bed and Breakfast Brewery Broadcast Studio Bus Terminal Campground Car Wash Casino Cemetery Check Cashing Establishment Community Center Contractor Storage Yard Convention Center Country Club Cultural Facility Day Care Center, Adult or Child Dormitory Driving Range Dwelling, Above the Ground Floor Dwelling, Caretaker Dwelling, Multi-Family Dwelling, Single-Family Dwelling, Townhouse Dwelling, Two-Family Educational Facility, Primary Educational Facility, Secondary Educational Facility, University Educational Facility, Vocational Employment Services Financial Institution Flea Market Food Processing City of New Orleans Comprehensive Zoning Ordinance 3 per 1,000 GFA 10 per 1,000sf GFA of terminal building 3 per 1,000sf GFA 1 per 10 persons of lowest rated capacity 2 per 1,000sf GFA 1 per dwelling unit + 2 per 1,000sf of exhibit or performance space 4 per 1,000sf of public use area 1 per 15 persons of lowest rated capacity 2 per 1,000sf GFA 1 space + 1 per 2 guestrooms 2 per 1,000sf of manufacturing area and office 3 per 1,000sf GFA 5 per 1,000sf GFA of terminal building 1 per camp site 2 per car wash bay + 3 stacking spaces per bay 4 per 1,000sf of gaming area Additional uses within casino (hotel, restaurant, etc.): Cumulative determined by sum of requirements for each uses within development 1 per 20,000sf of GFA + 1 per 4 seats in chapel + 3 per 1,000sf of office 3 per 1,000sf GFA 4 spaces + 3 per 1,000sf GFA over first 1,000sf 3 per 1,000sf of office and public use area 1 per 10 persons of lowest rated capacity Cumulative - determined by sum of requirements for all uses within development (golf course, driving range, restaurant, etc.) 3 per 1,000sf GFA 2 per 1,000sf GFA 1 per 4 rooms 2 per tee stand 1 per dwelling unit 1 per dwelling unit 1 per dwelling unit 1 per dwelling unit 1 per dwelling unit 1 per dwelling unit 2 per classroom 4 per classroom + 2 per 1,000sf of office 5 per classroom + 3 per 1,000sf of office 5 per classroom + 3 per 1,000sf of office 2 per 1,000sf of office + 5 per 1,000sf of public use area 2 per 1,000sf GFA + 3 stacking spaces per drive-through lane 2 per 1,000sf GFA 3 per 1,000sf of manufacturing area + 2 per 1,000sf of office 22 - 5 DRAFT CZO - 2011 Article 22 Off-Street Parking and Loading PARKING REQUIREMENT
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TABLE 22-1: OFF-STREET VEHICLE PARKING REQUIREMENTS USE Fraternity/Sorority Freight Terminal Funeral Home 1 per 4 rooms 2 per 1,000sf of office + 1 per 10,000sf of terminal area 1 per 4 seats in chapel + 3 per 1,000sf of office Spaces equivalent to 80% of rated passenger capacity of gaming boat divided by 1.8 Additional uses within the gaming boat complex (hotel, arena, etc.): Cumulative - determined by sum of requirements for each uses within development 2 per pump + 3 per 1,000sf of retail area + 2 per service bay of accessory motor vehicle service and repair + 4 stacking spaces for car wash bay 4 per hole 2 per 1,000sf GFA 4 per 1,000sf of public use area 3 per 1,000sf GFA + 1 per 1,000sf of outdoor sales and display area 1 per 4 stalls 1 per room 1.5 per room 1 per 10 persons of lowest rated capacity 2 per lane 1 per 4 seats for first 400 seats + 1 per 6 seats after first 400 2 per table 2 per 1,000sf of public use area 1 per 10 persons of lowest rated capacity 1 per artisan studio, workroom or facility 1 per 1,000sf GFA 1 per 1,000sf GFA 1 per 1,000sf GFA 1 per 2 slips Additional uses within the recreational marina (restaurant, bar, etc.): Cumulative - determined by sum of requirements for each uses within development 1 per 2 slips 2 per 1,000sf of office + 1 per 10,000sf of land-based terminal area 1.5 per exam room 1 per 25 storage units 2 spaces per service bay 1 per 3,000sf GFA 2 per 1,000sf of indoor sales and display area 2 per 1,000sf of office and public waiting area 1 per 2,000sf GFA 2 per 1,000sf GFA and any outdoor sales and display area 2 per 1,000sf GFA 3 per 1,000sf GFA including all outdoor areas 3 per 1,000sf of office and public use area 5 per 1,000sf GFA of terminal building 2 per 1,000sf GFA 22 - 6 DRAFT CZO - 2011 Article 22 Off-Street Parking and Loading PARKING REQUIREMENT
Gaming Boat
Gas Station Golf Course Government Offices Health Club Heavy Sales, Rental & Service Horse Stables Hospital Hotel/Motel Indoor Amusement Facility Bowling Alley Movie Theater Pool Hall Kennel Live Entertainment Venue Manufacturing, Artisan-Related Manufacturing, Light Manufacturing, Heavy Manufacturing, Maritime-Dependent
Marina, Recreational
Marina, Commercial Marine Terminal Medical/Dental Clinic Mini-Warehouse Motor Vehicle Service & Repair, Minor or Major Motor Vehicle Operations Facility Motor Vehicle Dealership Motor Vehicle Rental Establishment Movie Studio Nursery Office Outdoor Amusement Facility Outdoor Storage Yard Passenger Terminal Personal Service Establishment City of New Orleans Comprehensive Zoning Ordinance
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TABLE 22-1: OFF-STREET VEHICLE PARKING REQUIREMENTS USE Pet Day Care Center PARKING REQUIREMENT 2 per 1,000sf of public use area 1 per 4 seats + 1 per 1,000sf of accessory residential use Additional uses within the places of worship complex (retail, recreational facilities, etc.): Cumulative - determined by sum of requirements for each uses within development 2 per 1,000sf GFA 1 per 20 inmates of rated inmate capacity 2 per 1,000sf of office and public use area 2 per 1,000sf of public use area 1 per 2 rooms 3 per 1,000sf GFA To be calculated on the type of facility or combination of facilities provided below + 2 per 1,000sf GFA of office .5 per dwelling unit 1 per dwelling unit .25 per bed 2 per 1,000sf GFA + 3 stacking spaces per drive-through lane 2 per 1,000sf GFA + 3 stacking spaces per drive-through lane 1 per 1,000sf GFA + 3 stacking spaces per drive-through lane 2 per 1,000sf GFA 2 per 1,000sf GFA 1 per 4 rooms 2 per 1,000sf of manufacturing area and office 2 per 1,000sf of office + 1 per 10,000sf of land-based shipyard area Less than 500,000sf GFA: 2 per 1,000sf of gross leasable area 500,000sf or more GFA: 4 per 1,000sf of gross leasable area 2 per 1,000sf GFA 1 per 10 persons of lowest rated capacity 2 per 1,000sf of public use area 2 per 1,000sf GFA 2 per 1,000sf GFA 3 truck spaces per service bay + 2 vehicle spaces per service bay 1 truck space per 5,000sf GFA Additional uses within the truck stop (retail, restaurant, etc.): Cumulative - determined by sum of requirements for each uses within development 6 truck spaces per 40,000sf GFA 1 per 20,000sf of warehouse space + 2 per 1,000sf of office space 1 per 20,000sf of warehouse space + 2 per 1,000sf of office space + 2 per 1,000sf of public use area 2 per 1,000sf of tasting room area Additional uses within the winery (restaurant, retail, etc.): Cumulative determined by sum of requirements for each uses within development
Places of Worship
Printing Establishment Prison Public Works and Safety Facility Reception Facility Rehabilitation Center Research and Development Residential Care Facility for Elderly Assisted Living Facility Independent Living Facility Nursing Home Restaurant, Carry-Out Restaurant, Fast Food Restaurant, Specialty Restaurant, Standard Retail Goods Establishment Rooming House Separation/Recovery Facilities Shipyard Shopping Center Social Club or Lodge Stadium Supper Club T-Shirt Shop Tattoo Parlor Truck Repair Truck Stop Truck Terminal Warehouse Wholesale Goods Establishment Winery
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PARKING FLEXIBILITIES PERMITTED BY THIS ARTICLE Sec. 22.15.A.1: No Parking Required Sec. 22.15.A.2: No Parking Required Sec. 22.15.A.3: No Parking Required Sec. 22.15.A.4: Square Footage Exemption First 5,000sf Sec. 22.15.B: On-Street Spaces Counted Sec. 22.16: Collective & Alternating Parking Sec. 22.17: Land-Banked Parking Sec. 22.18: Fee-In-Lieu
TABLE 22-2: SUMMARY OF OFF-STREET VEHICLE PARKING FLEXIBILTIES & EXEMPTIONS DISTRICTS Industrial and Historic Urban Suburban Historic Core Destination Employment Neighborhood Neighborhood Center All Districts HU-B1A HU-B1 SF & 2F dwellings on lots of 30 or less in width 2F where 40% of existing 2F development of blockface has no parking HU-MU C1 C2 MU-1 HU-MU C1 C2 MU-1 All Districts All Districts All Districts All Districts All Districts
Central Business District
All Districts
All Districts (TBD)
All Districts (TBD)
All Districts (TBD)
All Districts (TBD)
All Districts (TBD)
All Districts (TBD)
22.5
REQUIRED BICYCLE PARKING SPACES A. Where off-street parking facilities are provided, the number of bicycle parking spaces must be provided as required by Table 22-3: Required Bicycle Parking Spaces. All uses listed within Table 22-3 are required to provide short-term bicycle parking spaces, which are areas where bicycles will be left for short stops, requiring a high degree of convenience. Certain uses listed within Table 22-3 require a percentage of the required bicycle parking spaces to provide long-term bicycle parking spaces, where bicycles will be left for longer periods of time and require a safe and weatherproof storage area. B. In all cases where bicycle parking is required, a minimum of two (2) bicycle spaces is required. C. After the first thirty (30) required bicycle parking spaces are provided, additional bicycle parking spaces are required at one-half () space per unit listed in Table 22-3. D. When a use is exempt from vehicle parking requirements by this Article, the use is also exempt from these requirements for bicycle parking spaces. If a use exempt from vehicle parking provides parking, bicycle parking, as required by this section, is also required. E. The following reductions in the number of vehicle parking spaces are permitted when bicycle parking and facilities are provided. An applicant may only use one (1) of these two (2) options.
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1. A non-residential use may use up to two (2) required vehicle parking spaces as space for bicycle parking. The area equivalent to two (2) vehicle parking spaces must be used for bicycle parking. 2. Where a non-residential use provides shower facilities for use by bicyclists, a reduction of up to two (2) vehicle parking spaces is permitted. The area of the vehicle parking spaces must be used for bicycle parking. F. Shower and locker facilities for bicyclists are required for offices and government offices, university and vocational educational facilities, hospitals and industrial uses over twenty-five thousand (25,000) square feet in gross floor areas. 1. A minimum of two (2) showers in projects between twenty-five thousand (25,000) square feet and one-hundred twenty five thousand (125,000) square feet, and three (3) showers for any project over one-hundred twenty five thousand (125,000) square feet. Dressing areas and lockers must be provided as part of the shower facilities. 2. Lockers for clothing and other personal effects must be located in close proximity to showers and dressing areas to permit access to the locker areas by either gender. A minimum of one (1) clothes locker is required for each long-term bicycle parking space provided.
TABLE 22-3: REQUIRED BICYCLE PARKING SPACES USE Multi-Family Dwelling Dormitory; Fraternity/Sorority Retail Goods Establishment and Personal Services Establishment Over 10,000sf in GFA Office and Government Office Over 10,000sf in GFA Indoor or Outdoor Amusement Facility Over 10,000sf in GFA Educational Facilities, Primary Educational Facilities, Secondary Educational Facilities, University or Vocational Places of Worship Over 10,000sf in GFA Hospitals Cultural Facility Community Center Public Works and Safety Facility Industrial Over 10,000sf in GFA REQUIRED BICYCLE SPACES 1 per 5 dwelling units 1 per 4 beds 1 per 2,500sf GFA 1 per 5,000sf GFA 1 per 5,000sf GFA 2 per classroom 3 per classroom 1 per 5,000sf GFA 1 per 5,000sf GFA 1 per 25 beds 1 per 2,500sf GFA 1 per 2,500sf GFA 1 per 5,000sf GFA 1 per 10,000sf GFA 50% required long-term REQUIRED PERCENTAGE OF LONG-TERM SPACES 80% required long-term 80% required long-term
50% required long-term 50% required long-term
50% required long-term
22.6
REQUIRED OFF-STREET LOADING SPACES A. Off-street loading spaces must be provided for a use that distributes or receives materials or merchandise by trucks or other commercial vehicles in accordance with Table 22-4: OffStreet Loading Requirements. In the case of multi-tenant developments, required loading spaces are calculated on the basis of each individual tenant. For example, if only one (1) commercial tenant of a multi-tenant development is over ten-thousand (10,000) square feet, only one (1) loading space is required; if all tenants are under ten-thousand (10,000) square feet, no loading is required. B. No structure is required to provide more than five (5) loading spaces. C. The Historic Core and Historic Urban Neighborhoods are exempt from all off-street loading requirements.
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D. Structures that are fifty (50) years of age or older and were originally constructed without loading areas are also exempt from off-street loading requirements. Any additions or enlargements to such structures require the addition of one (1) off-street loading space. E. For districts not granted an exemption in Paragraphs C and D above, if a use increases the floor area by twenty-five percent (25%) or more, accessory off-street loading spaces are required in accordance with Table 22-4. However, no structure is required to provide more than five (5) loading spaces.
TABLE 22-4: OFF-STREET LOADING REQURIEMENTS Use Type Multi-Family Dwelling 20,000 - 100,000sf GFA 100,001 - 200,000sf GFA Each additional 100,000sf of floor area (This applies only for each additional full 100,000sf over 200,000sf) Commercial and Institutional Use 10,000 - 100,000sf GFA 100,001 - 200,000sf GFA Each additional 50,000sf of floor area (This applies only for each additional full 50,000sf over 200,000sf ) Industrial Uses 5,000 - 10,000sf GFA 10,001 - 40,000sf GFA 40,001 - 100,000sf GFA Each additional 50,000sf of floor area (This applies only for each additional full 50,000sf over 100,000sf ) 1 loading space 2 loading spaces 1 additional loading space 1 loading space 2 loading spaces 1 additional loading space 1 loading space 2 loading spaces 3 loading spaces 1 additional loading space Number of Spaces Required
22.7
DESIGN OF VEHICLE PARKING SPACES A. Site Plan Review Required Site plan review, in accordance with Section 4.4 (Site Plan Review), is required prior to any construction, alteration or addition of any vehicle parking lot or structure providing ten (10) or more vehicle parking spaces and for any loading facility. For purposes of this section, construction, alteration or addition includes all paving of previously unpaved surfaces, replacement of pavement with new binder and surface courses, construction of curbing, and installation of new parking lot landscaping and bicycle parking facilities. Construction, alteration or addition does not include maintenance activities such as replacement of existing landscaping, repair of existing curbing, ordinary repairs, sealing, re-striping or placement of surface course pavement over previously paved areas. B. Permitted Vehicle Parking Locations 1. Residential Uses a. All required off-street vehicle parking spaces for residential uses and the residential component of mixed-use developments must be located on the same lot as the building or use served.
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b. For single-family, two-family and townhouse dwellings, required vehicle parking spaces are permitted in private driveways or parking pads, but must not encroach onto the public right-of-way. Tandem vehicle parking is permitted for residential uses but both spaces must be allotted to the same dwelling unit and located on the same lot as the dwelling. c. No off-street vehicle parking is permitted in any required front yard or in front of the front building line. This does not include parking in a permitted driveway. However, all driveways must access a legal parking space. d. For single-family and two-family dwellings where there is alley access, all vehicle parking areas must be accessed from the alley and all vehicle parking areas must be located in the rear yard. 2. Non-Residential Uses a. Vehicle parking for a non-residential use may be located within three-hundred (300) feet of the use served. If off-street vehicle parking spaces are located within threehundred (300) feet of the principal use, they must meet the following requirements. i. The three-hundred (300) foot distance is measured as a person walks, using the nearest point of the lot on which its required parking will be provided.
ii. When vehicle parking for a non-residential use is located within three-hundred (300) feet of the use, the parking lot must be located in a non-residential district. However, if the non-residential use is an institutional use, such as a place of worship or educational facility, the parking lot within three-hundred (300) feet may be located within a residential district. b. Vehicle parking is prohibited in the front yard or in front of the front building line for non-residential uses in all Historic Core and Historic Urban Neighborhood Districts and the C1 District. c. Accessory off-street parking lots serving non-residential uses of property may be permitted in a residential district as conditional use and are subject to the following requirements: i. The parking lot must be accessory to and used in connection with one (1) or more non-residential uses located in an adjoining district.
ii. The parking lot must be used solely for the parking of passenger automobiles. iii. Each entrance to and exit from said parking lot must be at least five (5) feet from any lot property located in the residential district, except where ingress and egress to the parking lot is provided from a public right-of-way that separates the lot from other residential lots. iv. When the operation of the non-residential use is discontinued or abandoned, the conditional use expires. The conditional use approval may not be transferred to a new use.
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C. Dimensions of Vehicle Parking Spaces 1. Off-street vehicle parking spaces must be designed in accordance with Figure 22-1: OffStreet Parking Dimensions (Standard). 2. All vehicle parking spaces must have a minimum vertical clearance of seven feet six inches (7 6). 3. A maximum of thirty percent (30%) of the vehicle spaces in any parking facility may be designated and labeled as compact car spaces. A compact car parking space must be a minimum of seven feet six inches (7 6) in width and a minimum of sixteen (16) feet in length. D. Access Requirements for Off-Street Vehicle Parking Areas 1. Each off-street vehicle space must open directly upon an aisle or driveway of adequate width to provide access to a vehicle parking space. All off-street vehicle parking facilities must provide access in a manner that least interferes with traffic movement. For all uses except single-family and two-family dwellings, the parking area must be designed so that the driver of the vehicle proceeds forward into traffic rather than backs out. 2. All required off-street parking facilities must have vehicular access from a street, alley, driveway or cross-access connection. 3. Within off-street parking lots and structures, one-way traffic aisles must be a minimum of twelve (12) feet in width and two-way traffic aisles must be a minimum of twenty-four (24) feet in width. Furthermore, all aisles must be designed in accordance with Figure 22-1. 4. For parking structures that provide a deceleration lane leading to the entrance, the entrance ticket dispensers or access card point, including gates, must be located at a distance sufficient to accommodate two (2) spaces for vehicles a minimum of twenty (20) feet in length for each space. When a deceleration lane is not provided, the entrance ticket dispensers or access card and gates must be located at a distance sufficient to accommodate four (4) spaces for vehicles a minimum of twenty (20) feet in length for each space. 5. A sight-distance triangle must be provided for each driveway access point for a parking structure. The triangle is measured from the point where each side of the driveway intersects the property line. At the point of intersection at each side of the driveway and the property line, a line of ten (10) feet in length must be drawn toward the interior of the structure to form the sight-distance triangle. Parking, fencing, planting material or other obstructions taller than one (1) foot in height that would block the view of the driver are prohibited in the sight-distance triangle. (See Figure 22-2: Sight-Distance Triangle for Parking Structure Driveways)
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FIGURE 22-1: OFF-STREET PARKING DIMENSIONS (STANDARD SPACE)
Parking Angle
Stall Width (W)
Stall Length (L)
Aisle Width (A)
1 0 8.5 21 12 / 24 45 8.5 18 13 60 8.5 18 18 75 8.5 19 20 1 90 8.5 18 24 1 Two-way traffic permitted 2 A module is defined as a drive aisle with automobiles parked on each side of the drive aisle.
Single Loaded 2 Module Width (SL) 1 20.5/32.5 32 38 40.8 1 42
Double Loaded 2 Module Width (DL) 1 29/41 51 58 61.6 1 60
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FIGURE 22-2: SIGHT-DISTANCE TRIANGLE FOR PARKING STRUCTURE DRIVEWAYS
E. Surfacing 1. All surface parking lots must be paved with a durable, all-weather material, such as concrete or asphalt, or a semi-pervious material, such as permeable pavers, porous asphalt, porous concrete, grass-crete or gravel-crete. All uneven slabs must be resurfaced to provide a smooth surface. 2. All single-family and two-family dwellings are permitted to construct driveways that consist of two (2) concrete wheel strips, each of which is at least eighteen (18) inches wide and at least twenty (20) feet long. A permeable surface, such as turf, must be maintained between such wheel strips. (See Figure 22-3: Parallel Parking Strips) 3. Shells, gravel, crushed stone and bare earth are permitted paving materials only in the Open Space and Rural Development Districts.
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FIGURE 22-3: PARALLEL PARKING STRIPS
F. Striping Off-street parking areas of more than ten (10) spaces must be marked by painted or paver lines maintained in clearly visible condition, curbs or other means to indicate individual spaces. Signs or markers should be used as necessary to insure efficient and safe circulation within the lot. Vehicle parking spaces for handicapped persons must be identified with the appropriate sign and visible at all times of the year, regardless of plant growth or similar conditions. G. Curbing and Wheel Stops Wheel stops or curbing must be provided to prevent vehicles from damaging or encroaching upon any adjacent parking or loading space, sidewalk, landscaped area or parking lot island, fence, wall or building. Within non-residential or mixed-use development parking lots, box curbs at least six (6) inches in height are required. H. Drainage and Maintenance 1. Off-street parking facilities must be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys, and surfaced with erosionresistant material in accordance with applicable City specifications. 2. Any new surface parking lot with twenty-five (25) or more vehicle parking spaces or additions to existing parking lots of twenty-five (25) or more vehicle parking spaces must be designed to filter or store the first inch of rainwater during each rain event. This can be accomplished through the use of pervious paving, rain gardens, bioswales, detention areas, constructed wetlands, and other methods deemed appropriate by the Executive Director of the City Planning Commission and the Department of Public Works. Where installed, detention areas should be appropriately designed and located to filter, store and convey the expected stormwater flows from surrounding paved areas.
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3. Off-street parking areas must be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee. A minimum of one (1) litter receptacle must be included in any parking lot. I. Lighting Parking lot lighting must comply with Section 21.5 (Exterior Lighting). Adequate lighting must be provided if off-street parking spaces are to be used at night. All lighting must be arranged to eliminate glare on residential property by location of light fixtures or use of fixtures designed to eliminate direct view of luminaries in fixtures from residential property. J. Landscaping and Screening All parking lots must be landscaped in accordance with Article 23 (Landscaping and Screening). K. Hydraulic Lifts All hydraulic lifts must be located within a parking structure. L. Pedestrian Walkway Design within Parking Areas 1. Clearly delineated crosswalks of concrete paving, brick paver, bituminous brick pattern stamping or painted striping must connect landscaped areas and parking lot islands to building entrances to improve safe passageway for pedestrians. Curb cuts must be included on landscaped areas or islands where such crosswalks are located. 2. In a retail development, pedestrian staging areas are required to separate automobiles from pedestrians. Such landscaped areas or parking lot islands must be ten (10) feet in width. Pedestrian walkways within parking lots must be at least five (5) feet in width and must parallel drive aisles. (See Figure 22-4: Pedestrian Walkways) 3. A bump-out area must be provided at the building entry to slow vehicle speeds in the lanes next to the building entry and at designated pick-up and drop-off areas. Pick-up and drop-off lanes must be parallel to vehicle circulation lanes. 4. The use of semi-pervious material, such as permeable pavers, porous asphalt, porous concrete, grass-crete or gravel-crete for pedestrian circulation systems is encouraged.
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FIGURE 22-4: PEDESTRIAN WALKWAYS
22.8
DRIVEWAY AND PARKING PAD DESIGN A. Driveway Design 1. Residential Driveways, Excluding Multi-Family and Townhouse Dwellings a. A residential driveway that provides access to a detached garage is limited to twelve (12) feet in width. A driveway apron, the width of the garage, as measured from the garage walls, is permitted to extend for a distance (depth) of twenty (20) feet from the garage doors before tapering back to the required driveway width for access to the additional spaces. Driveways that do not terminate in a garage are limited to twelve (12) feet in width. (See Figure 22-5: Residential Driveway Width) b. A residential driveway that provides access to an attached garage is limited to the width of the garage. c. Driveways must be located a minimum of one (1) foot from the side lot line. However, a residential driveway may be shared by adjacent lots. This shared driveway location is only allowed if agreed to by the owners of each lot, and the agreement is recorded as a shared driveway servitude on each plat of survey and submitted to the Department of Safety and Permits.
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FIGURE 22-5: RESIDENTIAL DRIVEWAY WIDTH DETACHED GARAGE DRIVEWAY WIDTH ATTACHED GARAGE DRIVEWAY WIDTH
2. Multi-Family and Townhouse Dwellings, and Non-Residential Driveways a. Except for access to loading berths, driveways are limited to twenty-four (24) feet in width. Driveways must be a minimum of twelve (12) feet for one-way drives, and a minimum of twenty-four (24) feet for two-way drives. b. Driveways, off-street parking areas and access aisles for multi-family residential and non-residential parking lots must be designed in accordance with Figure 22-1. B. Curb Cuts 1. Curb cuts must be limited to as few as possible, as determined by site plan review and the permission of the Department of Public Works. Single-family and two-family dwellings are limited to one (1) curb cut, except as permitted below. a. Circular drives are permitted only in the Rural Residential and Suburban Neighborhood Districts, except in the S-LRS1 District where they are prohibited. Circular drives must meet all of the following standards: [NOTE: We would like public input to determine if the above permission is appropriate for all Suburban Neighborhood Districts.] i. An area is provided in the drive for a parking space. The parking space within the circular drive must be set back so that it is not located in the required minimum front yard.
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ii. There is a minimum of three (3) feet between the drive and the side lot lines. iii. The lot width is fifty (50) feet or greater. iv. Approval is received from the Department of Public Works regarding the curb cuts. v. None of the required yard and bulk requirements are violated. b. In the Suburban Neighborhood Districts, where existing two-family dwellings have been developed with two (2) curb cuts serving two (2) driveways, the curb cut and driveway configurations are deemed conforming and may be repaired, maintained and replaced. 2. Curb cuts are limited to a maximum width of twenty-four (24) feet for two-way circulation, and a maximum width of twelve (12) feet for one-way circulation. 3. Curb cuts are prohibited over the critical root zone of any tree. The critical root zone is a circular area which has a radius of twelve (12) inches to every one (1) inch in diameter of trunk taken at four and one-half (4.5) feet above grade, and must be verified by the Parks and Parkway Commission. 4. Notwithstanding any other provisions of this Article, curb cuts for off-street parking or loading facilities are prohibited on the streets listed below. If no other means of vehicle access is available on these streets, a conditional use may be applied for but, as part of the evaluation, the Department of Public Works must certify that there is no way to provide access on some other street. The following streets are restricted: a. Diamond Street, Tchoupitoulas Street to South Peters Street b. Commerce Street, St. Joseph Street to Lafayette Street c. Lafayette Street, Loyola Avenue to Convention Center Boulevard d. Natchez Street, Camp Street to South Peters Street e. Commercial Place, St. Charles Street to Camp Street f. Union Street, South Rampart Street to St. Charles Street
g. Exchange Place, Canal Street to Iberville Street h. St. Charles Avenue, Poydras Street to Lee Circle i. j. Poydras Street, Claiborne Avenue to Convention Center Boulevard Canal Street, Claiborne Avenue to Mississippi River
C. Cross-Access Servitudes 1. Adjacent commercial uses that possess dedicated parking areas are encouraged to provide a cross-access drive to allow circulation between sites. For new commercial, office and service uses, a system of joint use driveways and cross-access servitudes is encouraged where feasible. Commercial property owners are encouraged to pursue cross-access with neighboring property owners at the time of site plan review. If crossCity of New Orleans Comprehensive Zoning Ordinance 22 - 19 DRAFT CZO - 2011 Article 22 Off-Street Parking and Loading
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access is provided, the Director of Department of Safety and Permits may require that the property owner provide proof that adjacent property owners have been contacted in writing regarding the provision of cross-access. See Figure 22-6: Cross-Access Servitudes. 2. Joint use driveways and cross-access servitudes must incorporate the following: a. A minimum width of twenty-four (24) feet to ensure two-way travel aisles to accommodate automobiles, service vehicles and loading vehicles. b. Bump-outs and other design features to make it visually obvious that the abutting properties are tied together. c. A unified access and circulation plan for coordinated or shared parking areas. 3. Pursuant to this section, property owners who establish cross-access servitudes must: a. Record a servitude allowing cross-access to and from properties served by the joint use driveways and cross-access servitude. b. Record a servitude that remaining access rights along the roadway will be dedicated to the City, and that any pre-existing driveways will be closed and eliminated after construction of the joint-use driveway. c. Record a joint maintenance agreement defining the maintenance responsibilities of each property owner. FIGURE 22-6: CROSS-ACCESS SERVITUDES
D. Parking Pad Design for Single-Family and Two-Family Residential Uses Single-family and two-family dwellings are permitted a paved parking pad, subject to the following requirements: 1. Parking pads are prohibited in the required front yard or required corner side yard.
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2. Parking pads are prohibited between the front faade and the front lot line and must be located behind the front building line of the house. The parking pad must be of sufficient depth so that the parked auto does not encroach into the required front yard. At least fifty percent (50%) or more of the combined width of the front building line and parking pad must be the principal structure. (See Figure 22-7: Parking Pad Design) 3. Parking pads may be located within the required interior side or rear yard but must be located three (3) feet from any lot line. 4. All driveways must comply with the requirements of Paragraph A above. 5. The maximum coverage requirements for the lot may not be exceeded to accommodate a parking pad. 6. Parking pads may surfaced with a semi-pervious material, such as permeable pavers, porous asphalt, porous concrete, grass-crete or gravel-crete. Parking pads must be designed so that they do not hold standing water and drain toward the front of the lot. FIGURE 22-7: PARKING PAD DESIGN
22.9
ACCESSIBLE VEHICLE PARKING REQUIREMENTS All parking lots must comply with the ADA Accessibility Guidelines for Buildings and Facilities regulations issued by federal agencies under the Americans with Disabilities Act of 1990 (ADA) for the amount and design of accessible vehicle parking spaces required in parking lots and structures.
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22.10
VEHICLE STACKING SPACES FOR DRIVE-THROUGH FACILITIES Every drive-through facility must provide a minimum of three (3) vehicle stacking spaces per bay, unless otherwise required by Table 22-1: Off-Street Vehicle Parking Requirements or this Ordinance. Vehicle stacking spaces provided for drive-through uses must be: A. A minimum of nine (9) feet in width, as measured from the outermost point of any service window to the edge of the driveway, and eighteen (18) feet in length. (See Figure 22-8: Measurement of Drive-Through and Figure 22-9: Stacking Spaces) B. Placed in a single line behind the drive-through facility. C. Located so that, when in use, they do not obstruct ingress or egress to the site and do not obstruct access to required parking or loading spaces. D. Stacking spaces must begin behind the vehicle parked at a last point of service, such as a window or car wash bay. FIGURE 22-8: MEASUREMENT OF DRIVE-THROUGH
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FIGURE 22-9: STACKING SPACES
22.11
DESIGN OF BICYCLE PARKING SPACES A. Location 1. The bicycle parking area must be convenient to building entrances and street access, but may not interfere with normal pedestrian and vehicle traffic. 2. Bicyclists must not be required to travel over stairs to access parking. 3. All required bicycle spaces must be located on the same lot as the use or within fifty (50) feet of the lot when on private property. The property owner may also make suitable arrangement with the Department of Property Management to place bike parking spaces in the public right-of-way. Parking in the public right-of-way must be within fifty (50) feet of the zoning lot. 4. Short-term bicycle parking spaces must be located no more than fifty (50) feet from the principal building entrance and at the same grade as the sidewalk or an accessible route 5 Long-term bicycle parking spaces must be located in a covered area that is easily accessible from the public-right-of-way and building entrances.
6. Required bicycle parking for residential uses may be provided in garages, storage rooms and other resident-accessible, secure areas. Spaces within dwelling units or on balconies do not count toward satisfying bicycle parking requirements.
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B. Design 1. Required bicycle spaces must have a minimum dimension of two (2) feet in width by six (6) feet in length, with a minimum overhead vertical clearance of seven (7) feet. Each required bicycle parking space must be accessible without moving another bicycle. There must be an aisle at least (five) 5 feet wide between each row of bicycle parking to allow room for bicycle maneuvering. 2. The area devoted to bicycle parking must be surfaced as required for vehicle parking areas. 3. All long-term bicycle parking spaces must be covered, which can be achieved through use of an existing overhang or covered walkway, weatherproof outdoor bicycle lockers or an indoor storage area. Where bicycle parking is not located within a building or locker, the cover design must be of permanent construction, designed to protect bicycles from rainfall and with a minimum overhead vertical clearance of seven (7) feet. 4. Bicycle parking facilities must provide lockable enclosed lockers or racks, or similar structures, where the bicycle may be locked by the user. Racks must permit the bicycle frame and one (1) wheel to be locked to the rack and support the bicycle in a stable position. Structures that require a user-supplied locking device must be designed to accommodate U-shaped locking devices. All lockers and racks must be securely anchored to the ground or a structure to prevent the racks and lockers from being removed from the location. 5. If required bicycle parking facilities are not visible from the street or principal building entrance, signs must be posted indicating their location. Signs must meet the requirements of Article 24 (Signs). 22.12 DESIGN OF OFF-STREET LOADING SPACES A. Location All off-street loading spaces must be located on the same lot as the use served. No off-street loading spaces may project into a public right-of-way. No off-street loading space is permitted in a front yard. B. Dimensions 1. All required off-street loading spaces must be a minimum of twelve (12) feet in width, and a minimum of thirty-five (35) feet in length, exclusive of aisle and maneuvering space, and maintain a vertical clearance of at least fourteen (14) feet. 2. Loading spaces for a funeral home may be reduced in size to ten (10) feet by twenty-five (25) feet and vertical clearance reduced to eight (8) feet. 3. Structures that are fifty (50) years of age or older and maintain loading spaces that do not comply with the dimensions of this section, are deemed legally conforming in terms of loading space dimensions. If new loading spaces are constructed, such spaces may be designed to match the dimensions of existing loading spaces rather than the requirements of this section.
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C. Surfacing All off-street loading spaces must be paved with a durable, all-weather material, such as concrete or asphalt. D. Drainage and Maintenance Off-street loading facilities must be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys, and surfaced with erosion-resistant material in accordance with applicable City specifications. Off-street loading areas must be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee E. Access Control and Signs Each required off-street loading space must be designed with adequate means of vehicular access to a street or alley, in accordance with Article 24 (signs), and in a manner that will minimize interference with traffic movement. F. Lighting Loading facility lighting must meet the requirements of Section 21.5 (Exterior Lighting). Illumination of an off-street loading facility must be arranged so as to deflect the direct rays of light away from adjacent properties and streets. G. Landscaping and Screening All loading facilities must be landscaped and screened in accordance with Article 23 (Landscaping and Screening). 22.13 STORAGE OF COMMERCIAL VEHICLES The following restrictions apply to the parking or storage of commercial vehicles on property zoned for residential use. A. No commercial vehicle may be parked on any public right-of-way in a residential district, except for vehicles engaged in loading or unloading or current work being done to the adjacent premises. B. No stored or parked commercial vehicle may be occupied or used for human habitation. C. Only standard size passenger motor vehicles including, but not limited to, vans, sports utility vehicles (SUVs), standard passenger size livery vehicles, and pick-up trucks are permitted to be stored or parked outdoors overnight on on lots in residential districts. D. Permitted commercial vehicles, as described in Paragraph C above, include vehicles owned and used for commercial purposes by the occupant of a dwelling or guest, provided that the vehicle is stored or parked in a permitted parking area. Permitted commercial vehicles may include the logo of the commercial business painted on or applied to the vehicle. All other commercial vehicles including, but not limited to, semi-truck tractor units, with or without attached trailers, commercial trailers, buses, tow trucks, construction vehicles, livery vehicles that exceed standard passenger vehicle size, such as limousines, or other large commercial vehicles are not permitted to be stored or parked outside overnight on residentially-zoned property.
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22.14
STORAGE OF RECREATIONAL VEHICLES For the purposes of this Article, recreational vehicles include all trailers, campers, motor homes, boats, pop-up campers, and trailers that transport recreational vehicles such as boats and jetskis. Boats and boat trailers are limited to twenty-five (25) feet in length. A. No recreational vehicle or trailer licensed to transport recreational vehicles or equipment may be parked in the public right-of-way or the front or interior side yard of a residential district for more than forty-eight (48) hours. B. Recreational vehicles may be stored in a residential district either within a fully enclosed structure or carport, or within the rear yard. If stored in the rear yard, the recreational vehicle must be located at least three (3) feet from any lot line and screened from view from the public right-of-way, excluding alleys, by a solid screen fence or masonry wall at least six (6) feet in height. If the recreational vehicle is screened by an existing structure or landscaping so that it is not visible from the public right-of-way, excluding alleys, it will be considered to have met these requirements. Temporary storage tents for recreational vehicles are not permitted. C. No recreational vehicle may be used for living, sleeping or housekeeping purposes in any zoning district, and may not be hooked up to any public utilities. D. All recreational vehicles must be maintained in mobile condition. No recreational vehicle may be parked or stored in such manner as to create a dangerous or unsafe condition on the lot where parked or stored. If the recreational vehicle is parked or stored, whether loaded or not, so that it may tip or roll, it is considered to be a dangerous and unsafe condition. E. This section does not apply to recreational vehicles offered for-sale in an approved outdoor sales and display area of a recreational vehicle dealership or within a recreational vehicle park.
22.15
PERMITTED OFF-STREET VEHICLE PARKING EXEMPTIONS A. Exemptions from Parking Requirements 1. All Historic Core Neighborhood, HU-B1A and HU-B1 Districts, and the Central Business District are exempt from all off-street parking requirements. 2. In the Historic Urban Neighborhood, all single-family and two-family dwellings on lots of thirty (30) feet or less in lot width are exempt from all off-street parking requirements. 3. The principal use neighborhood commercial use is exempt from all off-street parking requirements. 4. In the Historic Urban Neighborhood, where forty percent (40%) of existing single-family or two-family dwellings on a blockface, as of the effective date of this Ordinance, have been developed with no off-street parking, a single-family or two-family dwelling on that blockface may be rebuilt without off-street parking. 5. The first five-thousand (5,000) square feet in gross floor area for commercial uses in the HU-MU, C1, C2 and MU-1 Districts are exempt from the parking requirements of Table 22-2. Those commercial uses five-thousand (5,000) square feet or less in gross floor area located within a shopping center configuration are not eligible for this exemption and must provide the required parking for a shopping center.
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B. On-Street Spaces to Count Toward Parking Requirements 1. In the HU-MU, C1, C2 and MU-1 Districts, on-street parking spaces, including those spaces located within neutral grounds, located along the front or side property line may be counted toward required off-street parking spaces for commercial uses. New on-street parking spaces may also be created to count toward required off-street parking but must be located along the side or front property line, and must be accessible twenty-four (24) hours a day. At least fifty percent (50%) of the width of an on-street space must be located along the property line of the property under consideration in order to count toward off-street parking requirements. In a multi-tenant structure, all commercial tenants may utilize this provision. (Figure 22-10: On-Street Parking Space Consideration Standard) 2. Any subsequent change in the availability of on-street parking used to meet off-street parking requirements requires proof that the minimum parking requirements, per this Article, have been met. When on-street parking is made unavailable, the use has onehundred eighty (180) days from that date to accommodate all required off-street parking or to apply for a variance. If the use cannot accommodate the parking or fails to apply for a variance, then the certificate of occupancy will be revoked. The certificate of occupancy may be reinstated when the required parking is provided or a variance is approved.
FIGURE 22-10: ON-STREET PARKING SPACE CONSIDERATION STANDARD
22.16
COLLECTIVE AND ALTERNATING PARKING A. Off-street parking spaces for separate uses may be provided collectively if the spaces provided equals the sum of the spaces required for each use separately. Also, off-street parking spaces for separate uses may be provided collectively if the aggregate number of spaces provided is not less than the sum of the spaces required in Table 22-5: Collective Parking Calculation. Table 22-5 is applied in the following manner: 1. The required number of spaces for each use is calculated according to Table 22-1. 2. The required number of spaces for each use is then applied to the percentages for each time, according to the appropriate land use category, in Table 22-5 to determine the number of required spaces. This is done for each time category.
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3. The numbers are summed for all land uses within each timeframe and the highest sum total in a timeframe is the required number of spaces.
TABLE 22-5: COLLECTIVE PARKING CALCULATION Weekday Mid-7am 7am-6pm 6pm-Mid Mid-7am 100% 55% 85% 100% 0% 100% 80% 0% 50% 30% 70% 5% 100% 65% 90% 100% 0% 10% 70% 5% 5% 100% 5% 0% 5% 80% 5% 0% Weekend 7am-6pm 65% 70% 70% 65% 70% 10% 10%
LAND USE Residential Commercial Restaurant Hotel/Motel Movie Theater Office Industrial
6pm-Mid 75% 60% 100% 80% 100% 10% 10%
B. An off-street parking facility may be alternately shared between two (2) or more uses, provided that use of such facility by each user does not occur at the same time. No shared use of parking spaces is permitted unless: 1. Approval is obtained from the Director of the Department of Safety and Permits that confirms that the use of such facility by each user does not take place at the same hours during the same days of the week. 2. The users of the shared parking facility must record an agreement to share parking facilities. A copy of the recorded agreement must be filed with the Department of Safety and Permits. 3. All location and design requirements of this Article are met. However, such parking facility may be located within six-hundred (600) feet of both uses. 4. Any subsequent change in use requires proof that the minimum parking requirements have been met. When shared parking is no longer available, the use has one-hundred eighty (180) days from that date to accommodate all required off-street parking or to apply for a variance. If the use is unable to accommodate the parking or fails to apply for a variance, then the certificate of occupancy will be revoked. The certificate of occupancy may be reinstated when the required parking is provided or a variance is approved. As an alternative to a variance, a new shared parking agreement may be arranged. C. A collective or alternating parking arrangement does not qualify for grandfathered parking (Section 22.2.E). 22.17 LAND BANKED FUTURE PARKING The Executive Director of the City Planning Commission may permit land banking of up to twentyfive percent (25%) of the required parking spaces through the site plan review process. A. Sufficient evidence must be provided by the applicant that supports the reduced parking needs. B. The area proposed for land banking of parking spaces must be an area suitable for parking at a future time. C. Landscaping of the land-banked area must be in full compliance of the zoning regulations and, at a minimum, landscaped with live groundcover. As a result of the site plan review process, the Executive Director of the City Planning Commission may require additional landscaping of the land-banked area.
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D. The land banking area cannot be used for any other use. E. As part of the site plan review process, the applicant must show the area to be banked on the site plan as Land-Banked Future Parking. F. The Director of Department of Safety and Permits, on the basis of increased parking demand for the use, will require the conversion of all or part of the land-banked area to off-street parking spaces when needed. 22.18 FEE-IN-LIEU OF PARKING [NOTE: At this point, we have not designated areas where this is applicable. However, this would be limited to non-residential uses in non-residential districts.] A. A reduction in the required number of off-street parking spaces for non-residential uses in ______ Districts may be granted by the City Planning Commission conditioned upon payment, by the owner, of a fee-in-lieu of providing the required parking spaces, such fee established from time to time by resolution of the City Council. Such payment must be placed into a City fund to be used by the City for the acquisition, construction and maintenance of public off-street parking facilities to serve that area. B. Upon payment, the property granted the modification in the number of required off-street spaces must be credited permanently by ordinance with the number of spaces for which payment was received by the City. C. The parking fee-in-lieu of provision is only applicable for new construction or where additional floor area in excess of five-hundred (500) square feet is added to an existing building. Changes in use within existing buildings do not require payment of a fee-in-lieu.
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ARTICLE 23. LANDSCAPE, STORMWATER MANAGEMENT & SCREENING

23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.1 PURPOSE ENFORCEMENT OF LANDSCAPE PROVISIONS LANDSCAPE PLAN SELECTION, INSTALLATION AND MAINTENANCE OF PLANT MATERIALS GENERAL LANDSCAPE DESIGN STANDARDS BUILDING FOUNDATION LANDSCAPE AND LANDSCAPE YARDS PARKING LOT LANDSCAPE BUFFER YARDS REQUIRED LANDSCAPE ILLUSTRATION TREE PRESERVATION PARKWAY TREES SCREENING REQUIREMENTS STORMWATER MANAGEMENT REQUIREMENTS PURPOSE The landscape, stormwater management and screening requirements established by this Article are intended to: A. Enhance the aesthetic appearance of developments throughout the City by providing standards related to the quality and functional aspects of landscape. B. Increase compatibility between abutting land uses and between land uses and public rightsof-way by providing landscape screening or buffers. C. Provide for the conservation of water resources through the efficient use of irrigation, appropriate mix of plant materials, recycling water elements, and regular maintenance of landscaped areas. D. Protect public health, safety and welfare by preserving and enhancing the positive visual experience of the built environment, providing appropriate transition between different land uses, preserving neighborhood character, and enhancing pedestrian and vehicular traffic safety. E. Reduce urban runoff by ensuring the preservation of permeable surface for the absorption of rainwater. F. Reduce the urban heat island effect and enhance the local micro-climate and increase biodiversity. 23.2 ENFORCEMENT OF LANDSCAPE PROVISIONS A. Installation Prior to Permit No building permit or certificate of occupancy may be issued for any lot or use subject to the requirements of this Article unless all the requirements of this Article have been fulfilled. Failure to implement the landscape plan or to maintain the lot or use in conformance with the landscape plan is cause for revocation of the certificate of occupancy and/or the application of fines and penalties, as established in this Ordinance. In addition, all landscape is subject to periodic inspection.
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Article 23 Landscape, Stormwater Management and Screening
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B. Performance Guarantee When the landscape plan is approved, the City requires a performance bond in the amount of twenty-five (25%) percent of the initial landscape costs, which must be posted prior to the issuance of the building permit to ensure that the needed replacement and continued maintenance of materials occurs during the two (2) years following installation. 23.3 LANDSCAPE PLAN A. Landscape Plan Required A landscape plan must be submitted as part of a planned development or site plan review application, and must be approved prior to the issuance of a building permit or certificate of occupancy. Single-family dwellings, two-family dwellings and multi-family dwellings of six (6) units or less do not require submittal of a landscape plan. B. Content of Landscape Plan Landscape plans must be prepared by a landscape architect or landscape contractor licensed in Louisiana. A landscape plan must contain the following information: 1. The location and dimensions of all existing and proposed structures, property lines, easements, parking lots and drives, roadways and rights-of-way, sidewalks, signs, refuse disposal and recycling areas, sidewalks, bicycle paths and parking facilities, fences, electrical equipment, recreational facilities, drainage facilities, and other freestanding structures, as determined necessary by the Executive Director of the City Planning Commission. 2. The location, quantity, size, name and condition, both botanical and common, of all existing plant materials and trees, and a description of all tree preservation measures. 3. The location, quantity, size, name and condition of all plant material and trees in the right-of-way, and indicating plant material and trees to be retained and removed.
4. The location, quantity, size and name, both botanical and common, of all proposed plant material including, but not limited to, shade and evergreen trees, shrubs, groundcover, annuals/perennials and turf. 5. The existing and proposed grading of the site indicating contours at one (1) foot intervals. 6. Elevations of all proposed fences, walls, steps and fixed retaining walls (cast concrete, unitized walls) on the site. 7. Elevations, cross-sections, and other details as determined necessary by the Executive Director of the City Planning Commission. 8. A stormwater management plan, including the pre-development runoff rate and the postdevelopment runoff rate. The stormwater management plan must include: a. All pertinent calculations and specifications used in the design and construction of the detention area and other drainage improvements. Safeguards to present shortcircuiting of detention system must be designed into the system. If underground systems are used, a monitoring and maintenance schedule may be required.
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b. All storm drainage systems including existing and proposed drain lines, culverts, catch basins, headwalls, hydrants, manholes, and drainage swales. 9. The estimated cost of proposed landscape. C. Minor Changes to Approved Landscape Plans Minor changes to the landscape plan that do not result in a reduction in the net amount of plant material as specified on the approved landscape plan may be approved by the Director of the Department of Safety and Permits. Changes to the size and amount of plant materials of an approved landscape plan are not considered a minor change. Major changes must be approved by the body initially granting approval of the landscape plan. 23.4 SELECTION, INSTALLATION AND MAINTENANCE OF PLANT MATERIALS A. Selection All planting materials used must be of good quality and meet the American Standard for Nursery Stock, latest edition, as published by the American Nursery and Landscape Association (ANLA) for minimum acceptable form, quality and size for species selected, and capable to withstand the seasonal temperature variations, as well as the individual site microclimates. The use of native species is encouraged. Size and density of plant material, both at the time of planting and at maturity, are additional criteria to be considered when selecting plant material. B. Installation All landscape materials must be installed in accordance with the current planting procedures established by the Louisiana Nurserymans Manual for the Environmental Horticultural Industry, latest edition, as published by the Louisiana Nursery and Landscape Association. All plant materials must be free of disease and installed so that soil is of sufficient volume, composition and nutrient balance to sustain healthy growth. C. Drought Tolerant Plant Requirements Plant selection should emphasize drought-tolerant species wherever possible and must be grouped by common irrigation need. 1. Plant Materials a. For all projects that include total landscape areas between one-thousand (1,000) and two-thousand five-hundred (2,500) square feet of area, at least fifty percent (50%) of the landscaped area must be drought tolerant plants. b. For all projects that include total landscape areas over two-thousand five hundred (2,500) square feet of area, the landscape plan must contain water use calculations and must not exceed the maximum applied water allowance of twenty-five (25) gallons per square foot of landscape area. The applicant must indicate the square footage and the water use calculation for each landscape area.
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2. Groupings Landscape areas having plants with similar water needs must be grouped together and irrigated by a dedicated irrigation controller station. All plants listed in the landscape plan must be classified and grouped by category of water use calculations. Water use calculations must be grouped as low, medium and high. D. Protection of Existing Vegetation All construction projects are subject to the Landscape Protection During Construction requirements of the City Code. E. Required Element Landscape materials depicted on landscape plans approved by the City are required site plan elements in the same manner as structures, parking and other improvements. As such, the owner of record is responsible for the maintenance, repair and replacement of all landscape materials, and fences, steps, retaining walls and similar landscape elements over the entire life of the development. F. Maintenance All landscape materials must be maintained in good condition, present a healthy, neat and orderly appearance, and kept free of weeds, refuse and debris. Any dead, unhealthy or missing plants must be replaced within six (6) months of notification by the City. Fences, steps, retaining walls and similar landscape elements must be maintained in good repair. The owner of the premises is responsible for the maintenance, repair and replacement of all landscape materials, fences, steps, retaining walls and similar landscape elements, and refuse disposal areas. Irrigation systems, when provided, must be maintained in good operating condition to promote the health of the plant material and the conservation of water. 23.5 GENERAL LANDSCAPE DESIGN STANDARDS Landscape plans, as described above, must be prepared by a landscape architect or landscape contractor licensed in Louisiana, and evaluated and approved based on the following design criteria. A. Scale and Nature of Landscape Material The scale and nature of landscape materials must be appropriate to the size of the site and related structures. B. Selection of Plant Material [NOTE: We are continuing to refine a plant list to be included in the Appendix of the Ordinance. By including the list in the appendix, the City is able to modify such list without a text amendment. This provision may be adjusted to include only a prohibited plant list (as opposed to recommended) as a prohibited list would be shorter and easier to administer.] Plant material must be selected for its form, texture, color, pattern of growth and suitability to local conditions. Plant material must be selected from the recommended plant list contained in Appendix ___. All landscape plans must incorporate at least thirty percent (30%) of native trees and shrubs into required plant materials to provide habitat for wildlife and reduce irrigation requirements.
City of New Orleans Comprehensive Zoning Ordinance 23 - 4 DRAFT CZO - 2011 Article 23 Landscape, Stormwater Management and Screening
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C. Shade Trees All deciduous shade trees at the time of installation must have a minimum caliper of two and one-half (2.5) inches and a clear trunk height of at least six (6) feet, unless otherwise specified. Caliper of the trunk is taken at diameter at breast height (dbh). D. Evergreen Trees Evergreen trees must have a minimum height of eight (8) feet at planting. E. Ornamental Trees Single stem ornamental trees must have a minimum caliper of three (3) inches taken at diameter-at-breast-height, unless otherwise specified. Multiple stem ornamental trees must have a minimum height of eight (8) feet at planting and a minimum of three (3) trunks, unless otherwise specified. F. Shrubs 1. Unless otherwise specified, all large deciduous and evergreen shrubs must have minimum height of three (3) feet at installation, and all small deciduous and evergreen shrubs must have a minimum height of eighteen (18) inches at installation. 2. Large shrubs are those species that reach five (5) or more feet in height at maturity. Small shrubs are those species that can grow up to five (5) feet in height if left unmaintained, but should be kept at heights of eighteen (18) to thirty-six (36) inches. G. Perennials and Groundcover Unless otherwise specified, perennials and groundcover must be a minimum of four (4) inch container stock. H. Mulch Unless otherwise specified, mulch must be a minimum two (2) inch dressing consisting of shredded pine bark or needles and must be applied on all exposed soil surfaces of planting areas except in turf, creeping or rooting groundcovers, or direct seeding applications where mulch is contra-indicated. Mulch must be kept from direct contact with tree trunks and organic material. I. Softening of Walls and Fences Plant material should be planted against long expanses of building walls, fences and other barriers to create a softening effect and to help break up long expanses of blank walls with little architectural detail. J. Irrigation Sprinkler irrigation systems may be required for certain landscaped areas, as determined by a landscape architect and during landscape plan approval. The need for sprinkler irrigation systems is determined by the type of plant material and the condition and growing medium where they are installed. All irrigation systems must be designed to minimize the use of water and are approved as part of the landscape plan. When irrigation is installed, it must comply with the following standards.
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1. Automatic controllers must be set to water between 7:00 p.m. and 10:00 a.m. to reduce evaporation. 2. Irrigation systems must be designed to avoid runoff, low-head drainage, overspray or other similar conditions where water flows or drifts onto adjacent property, non-irrigated areas, walks, roadways or structures. 3. Irrigation equipment must comply with the following standards. a. Low-volume irrigation systems with automatic controllers are required. Low-volume irrigation systems include low-volume sprinkler heads, dry emitters, and bubbler emitters. b. Drip, trickle or other low-volume irrigation must be provided on at least ninety percent (90%) of the landscape areas except for those areas devoted to turf and flat groundcover plants. If a licensed landscape architect or landscape contractor verifies that a drip or trickle system is not feasible due to location, the required percentage of drip or trickle irrigation may be reduced by body approving the landscape plan. c. Integral, under-the-head or in-line anti-drain valves must be installed as needed to prevent low-head drainage. d. Automatic control systems must be able to accommodate all aspects of the design. Automatic controllers must be digital, have multiple programs, multiple cycles and sensor input capabilities. e. Soil moisture sensors and rain or moisture-sensing override devices are mandatory. f. Sprinkler heads must be selected and spaced for proper area coverage, application rate, operating pressure and adjustment capability. Sprinklers must have matched precipitation and application rates within each control valve circuit.
g. Drip irrigation systems are permitted if commercial or agricultural grade materials are used. Components must be installed below the soil except for emitters. h. Backflow prevention devices are required. i. Dedicated landscape water meters are highly recommended on landscape areas smaller than five thousand (5,000) square feet to facilitate water management.
K. Water Waste Prevention Water waste resulting from inefficient landscape irrigation is prohibited. Water waste from irrigation is defined as runoff that leaves the target landscape due to low head drainage, overspray or other similar conditions where water flows onto adjacent properties, nonirrigated areas, walks or roadways. Overspray and runoff are not considered water waste from irrigation if either one of the following conditions are met: 1. The landscape area is adjacent to semi-pervious or pervious surfacing. 2. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscape.
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L. Energy Conservation Plant material placement must be designed to reduce the energy consumption needs of the development. Shade trees must be included on the exposed west and south elevations when landscape is required. M. Species Diversity Diversity among required plant material for on-site landscape is required not only for visual interest, but to reduce the risk of losing a large population of plants due to disease. Table 231: Diversity Requirements indicates the percentage of diversity required based on the total quantity of species being used. For example, if a development requires forty-five (45) shade trees, no more than eighteen (18) trees nor less than five (5) trees can be of one (1) species, and there must be a minimum of five (5) different species within the forty-five (45) trees.
TABLE 23-1: DIVERSITY REQUIREMENTS DIVERSITY REQUIREMENTS MAXIMUM OF ANY SPECIES 100% 60% 45% 40% 25% 30% 15% MINIMUM OF ANY SPECIES Not Applicable 40% 20% 10% 5% 5% 4%
TOTAL NUMBER OF PLANTS PER PLANT TYPE 1-4 5-10 11-15 16-75 76-500 500-1,000 1,000+
MINIMUM NUMBER OF SPECIES 1 2 3 5 8 10 15
N. Planting In order to meet the landscape requirements of this Article and Ordinance, plant material must be planted in the ground. Landscape planted within planters and raised planter boxes is not considered to meet the landscape requirements. 23.6 BUILDING FOUNDATION LANDSCAPE AND LANDSCAPE YARDS A. Building Foundation Landscape For all multi-family dwellings of seven (7) or more dwelling units, mixed-use developments and non-residential uses that maintain a front or corner side yard of ten (10) or more feet, and where no parking is located within the front yard, the following building foundation plantings are required (see Figure 23-1: Building Foundation Landscape). 1. A single hedge row is required planted with one (1) shrub every thirty-six (36) inches on center, spaced linearly. The shrubs must measure a minimum of twenty-four (24) inches at planting, and a minimum of thirty-six (36) inches to a maximum of forty-eight (48) inches in height at maturity. 2. Where the setback is four (4) feet or more in width, the remainder of the area must be planted with live groundcover. 3. These plantings may be supplemented with trees and perennials. 4. Plantings are not required where walkways and driveways are located.
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FIGURE 23-1: BUILDING FOUNDATION LANDSCAPE
B. Front Landscape Yard Where a multi-family dwelling of seven (7) or more dwelling units, mixed-use development and non-residential use maintains parking in front of the building, a front landscape yard a minimum of ten (10) feet in width must be installed along the front lot line. In this case, the front landscape yard requirements control rather than the perimeter parking lot landscape requirements. 1. Five (5) plant unit options are presented in Table 23-2: Plant Unit Options. Any alternative or a combination of alternatives may be used. Plantings may be spaced at various intervals and/or clustered based on specific site requirements or design scheme to be approved as part of the landscape plan. 2. One (1) plant unit per one-hundred (100) linear feet must be provided. 4. When figuring the number of plant units or quantity of plant material required, the number must be rounded up. For example, three and one-tenths (3.1) shade trees is rounded up to four (4) shade trees. 5. All plant materials, excluding trees, must be in the bedline. All plant materials in raised planters do not meet the requirements of this section. 6. Use of rocks or bare earth in lieu of groundcover plantings may not exceed twenty percent (20%) of the total front yard landscape area, excluding driveways, walkways or other access points.
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TABLE 23-2: PLANT UNIT OPTIONS PLANT UNIT OPTIONS QUANTITY & TYPE OF PLANTS 1 Shade Tree 2 Ornamental Trees 20 Shrubs ILLUSTRATION
STANDARD PLANT UNIT
ALTERNATIVE UNIT A
1 Shade Tree 1 Ornamental Tree 1 Evergreen Tree 30 Shrubs
ALTERNATIVE UNIT B
2 Ornamental Trees 3 Evergreen Trees 25 Shrubs
ALTERNATIVE UNIT C
4 Evergreen Trees 34 Shrubs
ALTERNATIVE UNIT D
Native Landscape Alternative
23.7
PARKING LOT LANDSCAPE A. Required Parking Lot Landscape [NOTE: We understand that Council is currently assessing provisions that require parking lots within the CBD to come into compliance with all parking lot standards within two years. If such a provision is adopted, it will be added to this section. 1. All parking lots of ten (10) or more spaces are subject to site plan review and a landscape plan as a condition of obtaining a building permit. 2. Perimeter parking lot landscape is required for all parking lots, whether an accessory or principal use, and must be established along the edge of the parking lot.
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3. Interior parking lot landscape, whether an accessory or principal use, is required for those lots of ten (10) or more spaces. 4. For existing parking lots that currently do not comply with the required parking lot landscape, such landscape must be provided when any one (1) of the following occurs: a. A new principal building or building addition is constructed, or exterior remodeling of the principal building occurs. b. Over fifty percent (50%) of the total area of an existing parking lot is reconstructed. c. When an existing parking lot under ten thousand (10,000) square feet in area is expanded by fifty percent (50%) or more in total surface area. d. When an existing parking lot over ten thousand (10,000) square feet in area is expanded by twenty-five percent (25%) or more in total surface area. 5. When an existing parking lot is required by this section to provide landscape, which would result in creating a parking area that no longer conforms to the parking regulations of the Article and this Ordinance, the existing parking lot is not required to install all or a portion of the required landscape. The applicant is required to show that landscape cannot be accommodated on the site. If only certain requirements can be accommodated on the site, only elements are required. The Director of Department of Safety and Permits will make the determination that all or a portion of required landscape does not have to be installed. 6. Nothing in this section prevents the applicants voluntary installation of additional parking lot landscape, so long as parking space requirements and parking lot design requirements are complied with. B. Perimeter Parking Lot Landscape Perimeter parking lot landscape provides for the enhancement and screening of parking lots by requiring a scheme of landscape along public streets. A perimeter landscape yard is required for all parking lots and the landscape treatment must run the full length of the parking lot where it abuts a street. In the case of parking located at the front of the building, the front landscape yard requirements control. The perimeter parking lot landscape yard must be improved as follows. (See Figure 23-2: Parking Lot Perimeter Landscape Yard) 1. The perimeter landscape yard must be a minimum of five (5) feet in width. 2. A single hedge row is required planted with one (1) shrub every thirty-six (36) inches on center, spaced linearly. The shrubs must measure a minimum of twenty-four (24) inches at planting, and a minimum of thirty-six (36) inches to a maximum of forty-eight (48) inches in height at maturity. 3. A minimum one (1) foot of width of groundcover or mulch. 4. One (1) shade tree every twenty-five (25) feet on center, spaced linearly. Trees may be spaced at various intervals and/or clustered based on specific site requirements or design scheme to be approved as part of the landscape plan. 5. All parking areas must be screened from the public right-of-way, excluding alleys, by an ornamental fence a minimum of four (4) feet in height along the perimeter landscape yard.
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6. Alternatively, a low pedestrian wall the height of which provides effective screening to a maximum height of three (3) feet may be used instead of shrubs and an ornamental fence. Where possible, plant materials must be installed between the sidewalk and the wall to provide a softening effect on the wall. 7. All perimeter parking lot landscape areas must be protected with raised concrete curbs. FIGURE 23-2: PARKING LOT PERIMETER LANDSCAPE YARD
C. Interior Parking Lot Landscape For parking lots consisting of ten (10) or more spaces, interior parking lot landscape is required. (See Figure 23-3: Interior Parking Lot Landscape) 1. One (1) parking lot island must be provided between every ten (10) contiguous parking spaces. As part of the landscape plan approval, parking lot island locations may be varied based on specific site requirements or design scheme, to be approved as part of the landscape plan, but the total number of islands must be no less than the amount required one (1) island for every ten (10) spaces. 2. In addition to parking lot islands, additional landscaped areas must be provided within the interior of parking lots. All rows of parking spaces must terminate in a parking lot island or landscaped area. The minimum landscaped area, including parking lot islands, is ten percent (10%) of the parking lot area. 3. Parking lot islands or landscaped areas must be at least one-hundred twenty-five (125) square feet in area. However, parking lot islands must be the same dimension as the parking stall. Double rows of parking must provide parking lot islands that are the same dimension as the double row. 4. Parking lot islands or landscaped areas must be at least six (6) inches above the surface of the parking lot and protected with concrete curbing, except where designed to apply sustainable techniques allowing the flow and access of stormwater. Such islands and landscaped areas must be properly drained and irrigated as appropriate to the site conditions to ensure survivability.
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5. The following plantings are required in parking lot islands and landscaped areas: a. Shade trees must be the primary plant materials used in parking lot islands and landscaped areas. Ornamental trees, shrubs, hedges and other plant materials may be used to supplement the shade tree plantings but must not create visibility concerns for automobiles and pedestrians. b. One (1) shade tree is required every parking lot island or landscaped area. If the island extends the width of a double row, then two (2) shade trees are required. c. Shrubs must be planted within the parking island to provide a third layer of planting for visual interest. d. A minimum of seventy-five percent (75%) of every parking lot island must be planted in live groundcover, perennials or ornamental grasses. Mulch is required to fill in planting areas for early growth protection until the groundcover is established and covers the planting area. It is encouraged to mulch bare areas for three (3) to five (5) years, or until the plant material is fully established in the parking islands. 6. The above specific planting provisions may be waived during site plan review if the applicant presents an alternate landscape plan that provides a combination of tree canopy and non-reflective auto canopies that shades at least fifty percent (50%) of the parking lot paved surface. This may include areas designated for solar powered electric auto recharging stations. FIGURE 23-3: INTERIOR PARKING LOT LANDSCAPE
23.8
BUFFER YARDS A. The buffer yards maintain an appropriate relationship between adjacent developments by clarifying the delineation between properties and creating attractive and effective buffers between uses.
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B. Where the parking lot of a non-residential use or district abuts a residential district, a buffer yard of ten (10) feet must be provided along the interior side lot line and/or rear lot line. C. The buffer yard must be landscaped as follows: 1. A screen fence or wall a minimum of seven (7) feet in height is required. Screen fences must be solid wood or simulated wood, or masonry. Chain-link fences are prohibited. 2. A single hedge row planted with one (1) shrub every thirty-six (36) inches on center, spaced linearly. The shrubs must measure a minimum of twenty-four (24) inches at planting, and a minimum of thirty-six (36) inches to a maximum of forty-eight (48) inches in height at maturity. 3. One (1) shade tree for every twenty-five (25) linear feet of the adjacent property line. 4. The remainder of the area must be planted with turf or groundcover. 23.9 REQUIRED LANDSCAPE ILLUSTRATION Figure 23-4: Landscape Requirements illustrates the location of the landscape requirements in this Article. FIGURE 23-4: LANDSCAPE REQUIREMENTS
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23.10
TREE PRESERVATION A. Approval of a landscape plan requires preservation of all trees with a diameter at breast height of over six (6) inches. Such may not be removed from a site, and must be maintained and protected during construction in accordance with the requirements of the City Code. B. Trees may only be removed if qualify for one (1) of the following situations. The Executive Director of the City Planning Commission, as part of landscape plan approval, may approve tree removal. The Director may consult the Department of Parks and Parkways to verify that
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tree removal is necessary. However, the removal of any Live Oak is subject to the provisions of Paragraph B below. 1. The tree poses a hazard. In order to verify that a hazard exists, the City may require a tree hazard assessment to be performed by a qualified arborist. 2. The tree is planted too close to an existing structure, such that it is either damaging or has the clear potential to damage the structure. 3. The roots of the tree are causing damage to paved areas or sewer and plumbing lines. 4. The tree has an incurable disease or pest infestation that cannot be eliminated. The City may require this condition to be verified by a qualified arborist. 5. The tree is out of keeping in character or form with a proposed comprehensive landscape plan or with an otherwise cohesive existing landscape. 6. The tree has been damaged to the point that it cannot recover and grow properly or that it will grow in a misshapen or unsightly manner. 7. The Executive Director of the City Planning Commission determines that the removal of the tree is necessary to carry out construction in compliance with approved plans. B. A tree that is removed must be replaced with a tree of a species and in a location that will grow to replace the removed tree without posing the hazards for which the tree was removed. C. The Director of the Department of Safety and Permits may allow trees to be replaced with other types of landscape if one (1) of the following conditions are met: 1. The property includes other trees that provide sufficient shade so that additional trees are not necessary. 2. If a replacement tree would be out of character or form in conjunction with an approved landscape plan. 3. If in the opinion of the Director of the Department of Safety and Permits there is no suitable location on the property for a replacement tree. D. Clear-cutting of forests is prohibited. 23.11 PARKWAY TREES The following requirements apply to parkways (i.e., those areas within the public right-of-way located between the curb and the sidewalk) within the Central Business District and Destination Districts. All parkways must be landscaped in conformance with this Ordinance and other provisions within the City Code, and with the approval of the Department of Parks and Parkways. A. Parkway trees must be planted at the equivalent of one (1) tree for every thirty (30) linear feet. Where appropriate, parkway trees may be clustered or spaced differently as determined appropriate or necessary by the Department of Parks and Parkways. B. A variety of compatible species should be included in the planting plan for a specific site or development. The selecting of tree species must be reviewed and approved by the Department of Parks and Parkways with particular regard for site-appropriate species.
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23.12
SCREENING REQUIREMENTS A. Refuse Disposal Dumpsters, Recycling Containers and Refuse Storage Areas All refuse and recycling containers must be fully enclosed on three (3) sides by a solid wood or simulated wood screen fence, an opaque masonry wall (stone, stucco or brick) or principal structure wall seven (7) feet in height. The enclosure must be gated. The materials used for screening, including the enclosure, must complement the architecture of the principal building. An extension of an exterior principal building wall may be used as one of the screening walls for a refuse container, provided that the wall meets the minimum seven (7) foot height requirement and is of the same building materials as the principal building. The wall may not serve as the required gated enclosure. B. Loading Berths Where feasible, loading berths must be located and oriented so as not be visible from the street and adjacent properties, while still allowing access to the use served. In addition, loading berths must be screened as much as possible, unless such screening is determined unnecessary by the body approving the landscape plan. Such screening must consist of an opaque masonry wall (stone, stucco or brick) or a solid wood or simulated wood screen fence at least seven (7) feet in height. C. Outdoor Storage and Display Areas 1. Outdoor Storage Areas a. All outdoor storage areas must be completely screened by an opaque masonry wall (stone, stucco or brick) or a solid wood or simulated wood screen fence no less than seven (7) feet in height. Where feasible, plant materials must be installed along the fence or wall located along the public right-of-way to provide a softening effect. No materials stored outdoors may exceed the height of the required fence or wall with the exception of construction material. b. Outdoor storage areas must provide landscape and shading of the interior with a combination of tree canopy and non-reflective canopies covering twenty-five percent (25%) of the site. 2. Outdoor Sales and Display Areas a. When the rear or interior side yard of an outdoor display area abuts a residential district, the outdoor display area must be effectively screened from view by an opaque masonry wall (stone, stucco or brick), a solid wood or simulated wood screen fence or dense evergreen hedge at least seven (7) feet in height. b. All outdoor display areas must be designed with a landscape yard along the public right-of-way, excluding alleys, a minimum of ten (10) feet in width and planted with shade or evergreen trees at a rate of one (1) tree per twenty-five (25) feet, and supplemented with shrubs and perennials to enhance the view from the public rightof-way. These screening requirements are not intended to prohibit openings necessary for access drives and walkways. c. Motor vehicle dealerships or rental establishments with outdoor sales and display lots must be designed with permanent screening along the right-of-way, excluding alleys. The screening must consist of small shrubs and/or a low pedestrian wall no less than three (3) feet in height.
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d. Growing areas for nursery stock located in the front or corner side yard are considered to meet these screening requirements. 23.13 STORMWATER MANAGEMENT REQUIREMENTS Any new development that consists of fifteen-thousand (15,000) square feet or more of paved surface, including the building footprint and paved parking area must be designed to filter or store the first inch of rainwater during each rain event. A stormwater management plan must be submitted and approved as part of the landscape plan showing compliance with this standard and the standards of this section. A. Stormwater Management Measures 1. Stormwater management measures must be implemented in the following order of preference: a. Infiltration, flow attenuation and pollutant removal of runoff on-site to existing areas with grass, trees and similar vegetation and through the use of open vegetated swales and natural depressions. b. Use of stormwater on-site to replace water used for industrial processes or irrigation. Stormwater detention structures for the temporary storage of runoff for these purposes must designed so as not to create a permanent pool of water. c. Stormwater retention structures for the permanent storage of runoff by means of a permanent pool of water. d. Retention and evaporation of stormwater on rooftops or in parking lots. 2. Infiltration practices must be utilized to reduce runoff volume increases. A combination of successive practices may be used to achieve the stormwater management standard of this section. 3. Best Management Practices (BMP) must be employed to minimize pollutants in stormwater runoff prior to discharge into a separate storm drainage system or water body. 4. All stormwater management facilities must be designed to provide an emergency overflow system, and incorporate measures to provide a non-erosive velocity of flow along its length and at any outfall. 5. The designed release rate of any stormwater structure must be modified if any increase in flooding or stream channel erosion would result at a downstream dam, highway, structure or normal point of restricted stream flow. B. Stormwater Best Management Practices Stormwater best management practices (BMP) minimize runoff, increase infiltration, recharge groundwater and improve water quality. In order to accomplish the performance standard required by this section, stormwater BMPs must be used. Stormwater BMPs must be designed as described in Louisianas Technical Design Standards: Landscape Design Components and Storm Water BMPs for the Model Storm Water Based Landscape Code. The model code provides engineers, developers, property owners, and citizens with information on stormwater management requirements, technical guidance on the methodology to be used to meet the requirements, and guidelines for designing, implementing, and maintaining the BMPs in the City of New Orleans. Additional BMPs not
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included in the model code may be considered but must be approved as part of the landscape plan. Stormwater BMPs within the model code include, but are not limited to: 1. Rain gardens 2. Rain groves 3. Circular depressions 4. Flow diffusers 5. Vegetative filters 6. Sand filters 7. Bioswales 8. Louisiana ditch gardens 9. Grassed swales 10. Detention and retention basins 11. French drains, infiltration trenches and dry wells 12. Underground stormwater chambers that capture parking lot water 13. Planted stormwater buffers 14. Stream bank or riparian buffers 15. Preserved wetlands 16. Preserved forest floors 17. Constructed wetlands 18. Habitat preservation and protection areas 19. Tree protection areas 20. Disconnected roof tops, recycling and irrigation 21. Permeable pavers, porous surfaces and structural soils 22. Grass paving 23. Rooftop runoff management (captured storm water), including green roofs, cisterns and rain barrels
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ARTICLE 24. SIGNS

24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.1 PURPOSE SIGN DEFINITIONS SIGN REQUIREMENTS IN HISTORIC DISTRICTS SIGN PERMIT REQUIRED LOCATION SIGN DIMENSION COMPUTATIONS GENERAL CONSTRUCTION STANDARDS MASTER SIGN PLAN REQUIRED PROHIBITED SIGNS TEMPORARY SIGNS EXEMPT PERMANENT SIGNS ATTACHED PERMANENT SIGNS DEATCHED PERMANENT SIGNS PERMANENT SIGNS HISTORIC CORE NEIGHBORHOOD BILLBOARDS CLASSIC SIGNS PURPOSE The purpose of this Article is to establish a framework for a comprehensive system of sign controls governing the display, design, construction, installation and maintenance of signs: A. To promote and protect the health, safety and welfare of the City by ensuring the compatibility of signs with surrounding architecture and land uses. B. To create a more attractive business and economic climate by enhancing and protecting the orderly and effective display of signs. C. To discourage an excessive number of signs, and unsightly and inappropriate signs. D. To protect the public from hazardous conditions that result from the indiscriminate use and placement of signs, structurally unsafe signs, signs which obscure the vision of pedestrians or motorists, and signs which compete or conflict with necessary traffic signals and warning signs. 24.2 SIGN DEFINITIONS Definitions for different sign types and sign regulations are found in Article 26 (Definitions). 24.3 SIGN REQUIREMENTS IN HISTORIC DISTRICTS Signs in the historic districts are also subject to the historic district regulations. 24.4 SIGN PERMIT REQUIRED A. Unless specifically permitted as an exempt sign by this Article, it is unlawful for any person to erect, relocate or structurally alter any sign without first obtaining a sign permit in accordance with Section 4.10 (Sign Permit). The Director of Department of Safety and Permits may revoke any sign permit where there has been a violation of the provisions of this Ordinance or misrepresentation of fact on the sign permit application.
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B. The following activities are exempt from sign permit requirements: 1. Changing of advertising copy or message on an existing legally permitted or legal nonconforming changeable copy sign or similar approved sign, whether illuminated or non-illuminated. 2. Painting, repainting, cleaning, changing permitted items of information, or other normal maintenance and repair of a sign, not involving structural changes or changes in the electrical components of the sign. 24.5 LOCATION RESTRICTIONS A. No signs, other than those placed by agencies of government or signs whose placement has been authorized by this Article or the Director of the Department of Safety and Permits, may be erected on any public property. Any sign placed on public property without authorization may be removed without notice. B. No signs may be placed on any private property without prior consent of the owner thereof and, where applicable, issuance of a sign permit. C. No sign mounted on the exterior of a building may cover any windows, doors or any architectural features. 24.6 SIGN DIMENSION COMPUTATIONS The following standards control the computation of sign dimensions. A. Computation of Sign Area Sign area is calculated as described in this section. 1. For signs on a background, the entire area of the framework or background of the sign is calculated as sign area, including any material or color forming the sign face or background used to differentiate the sign from the structure against which it is placed. Sign area does not include any supports or bracing, unless such framework or bracing is part of the message or sign face. (See Figure 24-1: Sign Area Computation 1) FIGURE 24-1: SIGN AREA COMPUTATION 1
2. For signs consisting of freestanding letters or logos, the area of a sign face (sign area) is calculated by means of the smallest square, circle, rectangle or triangle, or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display. Sign area does not include any supporting framework or bracing, unless such framework or bracing is part of the message or sign face. (See Figure 24-1: Sign Area Computation 2)
City of New Orleans Comprehensive Zoning Ordinance 24 - 2 DRAFT CZO - 2011 Article 24 Signs
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3. Window signs printed on a transparent film and affixed to a windowpane are calculated as individual letters or logos, provided that the portion of the transparent film around the perimeter of the individual letters or logos maintains the transparency of the window. FIGURE 24-1: SIGN AREA COMPUTATION 2
4. The sign area of free-form or sculptural (non-planar) signs is calculated as fifty percent (50%) of the sum of the area of the four (4) vertical sides of the smallest cube that will encompass the sign. (See Figure 24-1: Sign Area Computation 3) FIGURE 24-1: SIGN AREA COMPUTATION 3
5. For a double-faced sign, if the interior angle between two (2) sign faces is forty-five degrees (45) degrees or less, the sign area is computed as the area of one (1) face only. If the angle between two (2) sign faces is greater than forty-five degrees (45), the sign area is computed as the sum of the areas of the two (2) faces. For signs of more than two (2) faces, each side is included in the computation of sign area. B. Measurement of Sign Height Sign height is measured as described below. When measuring sign height, the height of the entire structure, including decorative elements, must be included. (See Figure 24-2: Sign Height Computation) 1. For freestanding signs, height is calculated as the vertical distance measured from grade to the highest point of the sign. 2. For signs attached to buildings, height is calculated as the vertical distance from the base of the building to which a sign is attached to the highest point of the sign.
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3. Sign clearance is calculated as the vertical distance from grade or the base of the building to which a sign is attached to the lowest point of the sign. FIGURE 24-2: SIGN HEIGHT COMPUTATION
24.7
GENERAL CONSTRUCTION STANDARDS A. Construction All signs constructed, erected, modified or altered must comply with the provisions of this Article and all requirements of the City Code. B. Sign Structure and Installation Supports and braces must be designed as an integral part of the sign. Supports or braces must be hidden from public view to the extent technically feasible. All signs attached to a building must be installed and maintained so that wall penetrations are watertight and the structure does not exceed allowable stresses of supporting materials. C. Wind Pressure and Direct Load Requirements All signs must be designed and constructed to withstand a wind pressure and receive dead loads as required by the City Code. D. Electrical Components All electrical fixtures, devices, circuits, conduits, raceways or apparatus used to illuminate, move or project any sign must be installed and maintained as required in the City Code. All signs with an electronic component require an electrical permit. E. Glass Glass forming any part of a sign must be safety glass.
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F. Lettering All letters, figures, characters or representations in cut-out or irregular form, maintained in conjunction with, attached to, or superimposed upon any sign must be safely and securely built or attached to the sign structure. G. Limitation on Items of Information for Permanent Signs 1. All permanent signs must limit the number of items of information on any single sign face to no more than six (6) items to prevent traffic hazards for passing motorists and to minimize the cluttered appearance of signs. 2. Each piece of information on a permanent sign is considered an item of information. For example, each of the following would be defined as one (1) item of information: a telephone number, the name of the business, or the business logo. The street number address of the business is not counted as an item of information unless the street address is used as the name of the business. 3. In the case of electronic message sign, the electronic portion of the sign counts as one (1) item of information. In the case of a changeable copy sign, the area where the items of information are changed manually is also counted as one (1) item of information. 4. For a sign that contains a time and temperature component, the time and temperature component is not counted as an item of information. 5. All signs on a lot must be related to services offered on the premises. 6. Signs for multi-tenant commercial buildings that advertise the tenants of the development are limited to one (1) item of information per tenant within the development, which may exceed the six (6) item limitation, in addition to the name and address of the development. 7. Directory signs and restaurant menu board signs are exempt from the items of information limitation. H. Data to be Posted Every sign or other advertising structure must have the date of erection, the sign permit number and the voltage of any electrical apparatus used in connection with the sign either painted on the sign or by a metallic sticker applied to the sign. This information does not count toward the limitation on the items of information in Paragraph G above. I. Sign and Premises Maintenance 1. All signs, and the premises surrounding the sign, must be maintained in a clean, sanitary and inoffensive condition, and free and clear of all noxious substances, rubbish and weeds. 2. If the City finds that any sign is unsafe or insecure, is a menace to the public, or has been constructed, erected or maintained in violation of this Article, the Director of the Department of Safety and Permits must be immediately advised of such condition and give written notice to the sign permit holder. If sign permit holder fails to remove or alter the structure to comply with the standards of this Article, the sign may be removed by City at the expense of the sign permit holder or the owner of the property upon which it is located. The City may cause any other sign that is an immediate peril to persons or
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property to be removed summarily and without notice. J. Illumination 1. All lighting must concentrate the illumination upon the area of the sign to prevent glare upon the street or adjacent property. All sign illumination must be designed, located, shielded and directed to prevent both the casting of glare or direct light upon adjacent publicly dedicated roadways and surrounding properties and the distraction of operators of vehicles or pedestrians in the public right-of-way. 2. All sign illumination must meet the requirements of Section 21.5 (Exterior Lighting) for exterior lighting. 3. In the Vieux Carre Districts, the following illumination standards apply: a. Internally illuminated signs are limited to an eighteen (18) inch separation between sign faces. Lighting fixtures and all light sources must be a steady light concealed behind standard glass or other substance of equal or smaller light transmission factor, hoods or a method deemed acceptable by the Vieux Carr Commission. b. Illuminated signs must conform to the following wattage restrictions to avoid concentration of illumination: i. Signs measuring eighteen (18) inches by forty-two (42) inches are limited to onehundred fifty (150) watts total for each sign. The wattage may be distributed evenly over the surface area of any one (1) side or over each of the two (2) sides of the sign, behind opaque glass. The same wattage maximum and even light distribution is required for an indirectly lighted sign. Signs measuring twenty-four (24) inches by forty-eight (48) inches are limited to two-hundred twenty (220) watts total for each sign. The wattage may be distributed evenly over the surface area of any one (1) side or over each of the two (2) sides of the sign, behind opaque glass. The same wattage maximum and even light distribution is required for an indirectly lighted sign.
ii.
iii. Signs smaller than eighteen (18) inches by forty-two (42) inches are limited to seventy-five (75) watts. The wattage may be distributed evenly over the surface area of any one (1) side or each of the two (2) sides of the sign using opaque glass over all light openings. In no case can a sign smaller than eighteen (18) inches by forty-two (42) inches using the maximum allowable wattage concentrate the emitted illumination through a smaller area on each side than one (1) foot square. The same wattage maximum and even light distribution must is required for an indirectly lighted sign. 24.8 MASTER SIGN PLAN REQUIRED A. When more than one (1) wall, projecting, awning or canopy sign is proposed on any multitenant building, the applicant must submit a master sign plan for review by the Executive Director of the City Planning Commission. B. A master sign plan must provide a coordinated design for all building-mounted signs and include, at a minimum, criteria and specifications for general appearance, format of message, font size and style, lighting, location and construction materials.
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C. Where signs are located on the wall of a multi-tenant shopping center, they must be located at a generally uniform height on the building wall and may not cover or overhang any architectural feature. 24.9 PROHIBITED SIGNS It is unlawful to erect or maintain the following signs: A. Animated Signs Animated signs are prohibited. B. Balloon Signs Balloon signs are prohibited. C. Electronic Signs Electronic message signs and electronic display screen signs are prohibited. D. Flashing Signs Signs with flashing or blinking lights, or other illuminating device that has a changing light intensity, brightness or color, traveling/chasing or blinking lights, or rotating beacons are prohibited. Electronic message signs or time and temperature components of signs are not considered flashing signs. This prohibition does not apply to the VCE and VCE-1 Districts. E. Moving Signs Signs with moving, revolving or rotating parts or visible mechanical movement of any kind are prohibited. Street clocks with movable hands are permitted. This prohibition does not apply to the VCE and VCE-1 Districts. F. Obscene Signs Signs that display any matter in which the dominant theme of the material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters. G. Painted and Illegally Affixed Signs Any sign painted, pasted or otherwise affixed to any tree, rock, utility pole, hydrant, bridge, sidewalk, curb or street, bench or trash receptacle is prohibited. Logos and labels located on mechanical equipment, recycling bins, trash containers or dumpsters, which are part of the equipment as manufactured and/or installed, are not considered illegally affixed signs. H. Portable Signs Portable signs are prohibited. I. Roof Signs Roof signs are prohibited.
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J. Signs on Vehicles Signs placed or painted on parked vehicles where the primary purpose is to advertise a product or service, or to direct the public to a business or activity located on or off the premises are prohibited. Signs displayed on trucks, buses or other vehicles, which are operated and stored in the normal course of a business, such as signs indicating the owner or business that are located on delivery trucks, moving vans, taxi cabs, livery vehicles and rental trucks, are permitted, provided that the primary purpose of such vehicles is not the display of signs and that they are parked or stored in areas appropriate to their use as vehicles. Temporary or permanent signs resting on, or attached to, vehicles or trailers are prohibited. K. Signs that Interfere with Traffic The following types of signs are prohibited. Signs that: 1. Obstruct free and clear vision at any street, intersection, parking lot entrance or exit, or driveway. 2. Interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device because of its position, shape or color. 3. Make use of the words STOP, LOOK, DETOUR, DANGER or any other word, phrase, symbol or character in a manner that misleads, interferes with, or confuses traffic. 4. Are illuminated in red, green or amber color, so as to resemble a traffic signal in direct line of vision of a traffic signal L. Temporary Off-Premise Signs Temporary off-premise signs are prohibited. M. Unsafe Signs Signs that constitute a hazard to safety or health by reason of inadequate design, construction, repair or maintenance are prohibited. 24.10 TEMPORARY SIGNS A. General Regulations for all Temporary Signs 1. All temporary signs require a sign permit unless specifically exempted by this section. 2. Any sign listed in Section 24.9 (Prohibited Signs) is prohibited. 3. Temporary signs must be related to on-premise services. Non-commercial messages are also permitted. Temporary off-premises signs are prohibited. 4. No temporary sign may be illuminated. 5. All temporary signs must remain in good condition during the display period. Throughout the display period, corrective action must be taken immediately should there be any problems with the appearance, condition or maintenance of the sign and/or support hardware.
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6. Temporary signs in the public right-of-way and on public buildings are prohibited unless permitted by this Ordinance or the City Code. B. A-Frame Signs A-frame signs are subject to the following: 1. A-frame signs are permitted for non-residential uses within the Historic Core, Historic Urban Neighborhood, Central Business District and Destination Districts. 2. A-frame signs are limited to six (6) square feet in area per sign face and four (4) feet in height. 3. The use of A-frame signs is limited to business hours only. Signs must be stored indoors at all other times. A-frame signs must not be used outdoors when high winds or heavy rain conditions exist. 4. Only one (1) A-frame sign is permitted per business. A minimum twenty (20) foot separation is required between all A-frame signs. 5. An A-frame sign must be placed within fifteen (15) feet of the primary entrance of the business, and must not interfere with pedestrian traffic or violate standards of accessibility as required by the ADA or other accessibility codes. If an A-frame sign is located within the public right-of-way, a lease of servitude is required. C. Attention-Getting Devices 1. Attention-getting devices are permitted for non-residential uses in the Destination Districts and Centers for Industry. 2. Attention-getting devices are limited to a display of fourteen (14) days when not related to a date specific or, if date specific, may be erected no earlier than five (5) days prior to the event plus the duration of the event and must be removed within three (3) days after the event. Attention-getting devices may be erected on a zoning lot no more than four (4) times in a year and require a minimum of fourteen (14) days between display periods. 3. Attention-getting devices may not be erected or maintained in such a location or manner as may endanger the public safety, interfere with or obstruct pedestrian or vehicular travel, or create a traffic safety problem. 4. Attention-getting devices are not permitted within any public right-of-way. 5. As a condition of the issuance of a sign permit, requirements as to the material, manner of construction and method of installation may be imposed to ensure the safety of the public. 6. Exterior laser light promotional displays require a sign permit and are subject to the following: a. All such displays must be designed and maintained so as to prevent beam rays of light from being directed at any portion of the traveled ways or adjoining property, and no light may be of such intensity or brilliance as to cause glare to or impair the vision of pedestrians, motorists, or aircraft pilots or passengers. b. All light displays must meet all federal guidelines.
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c. In addition to the sign permit, operators must obtain a special permit prior to the presentation of this type of advertisement. For each address, permits may be issued only twice a year with a minimum sixty (60) days interval between permits, and are limited to a display period of seven (7) consecutive days. D. Banners (Temporary) Temporary banners are subject to the following: 1. Temporary banners are permitted for any non-residential use. 2. Temporary banners are limited to thirty-two (32) square feet in area. 3. Only one (1) banner is permitted per zoning lot. 4. No temporary banner may be located higher than the roofline of the building to which it is attached or, if attached to a permanent sign, higher than the sign. Encroachment into the public right-of-way is prohibited. 5. Temporary banners are limited to a display of fourteen (14) days when not related to a date specific or, if date specific, may be erected no earlier than five (5) days prior to the event plus the duration of the event and must be removed within three (3) days after the event. Temporary banners are limited to four (4) display periods per year and require a minimum of fourteen (14) days between display periods. E. Construction Signs Construction signs identifying the architect, engineer, developer and/or contractor allocated on the construction site are permitted in all districts, subject to the following: 1. Construction signs are limited to one (1) square foot of sign area for each two (2) feet of street frontage, not to exceed one-hundred (100) square feet in area. In the Historic Core Neighborhood, construction signs are limited to eight (8) square feet. 2. Construction signs are limited to eight (8) feet in height when installed as freestanding signs. 3. Construction signs may not be erected prior to approval of a site plan and are permitted to be displayed only when the actual construction work is in process or one (1) year, whichever is less. 4. Construction signs are limited to one (1) sign per street frontage. 5. A temporary residential subdivision sign, limited to one (1) square foot of sign area for each two (2) feet of street frontage, not to exceed one-hundred (100) square feet in area, is permitted announcing the development of a new residential subdivision of more than five (5) lots or involving new streets. A temporary residential subdivision sign is limited to a display period of one (1) year. F. Garage or Yard Sale Signs Temporary residential garage or yard sale signs are permitted in all districts and are exempt from sign permit requirements, subject to the following: 1. Temporary residential garage or yard sale signs may not exceed nine (9) square feet each.
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2. Signs must be posted no more than twenty-four (24) hours prior to the event and all signs must be removed within twenty-four (24) hours after the event. 3. Signs may not be posted in the public right-of-way or off-premises. G. Political and Non-Commercial Message Signs Political and non-commercial message signs are permitted in all districts and are exempt from sign permit requirements subject to the following: 1. Signs are limited to six (6) square feet in area in residential districts and twenty (20) square feet in non-residential districts. 2. Signs may not be posted on any public property. 3. Signs posted on private property require the permission of the property owner. 4. When political signs refer to an election or referendum, that signs are limited to display no earlier than sixty (60) days prior to, and removed no later than ten (10) days after, the election or referendum to which the sign refers. H. Real Estate Signs Real estate signs are permitted in all districts and are exempt from sign permit requirements, subject to the following: 1. Real estate signs are limited to six (6) square feet in area and may only advertise the sale, rental, lease or management of the premises upon which said signs are located. In the Historic Core Neighborhood, real estate signs are limited to two (2) square feet. 2. Real estate signs are limited to six (6) feet in height when installed as freestanding signs. 3. Real estate signs may not encroach into the public right-of-way. 4. Real estate signs must be removed within forty-eight (48) hours of sale or lease. I. Temporary Pole Signs 1. Temporary pole signs are permitted for any non-residential use. 2. Temporary pole signs are limited to twenty (20) square feet in area and six (6) feet in height. 3. All temporary pole signs must be set back ten (10) feet from any property line. 4. Temporary pole signs are limited to a display of fourteen (14) days when not related to a date specific or, if date specific, may be erected no earlier than five (5) days prior to the event plus the duration of the event and must be removed three (3) days after the event. Temporary pole signs are limited to four (4) display periods in a year.
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J. Window Signs (Temporary) Temporary signs affixed to the inside of a window or mounted within twelve (12) inches of the window are limited to no more than ten percent (10%) of the total window area and include all temporary and permanent window signs in this ten percent (10%). 24.11 EXEMPT PERMANENT SIGNS The following permanent signs, and sign alteration and maintenance activities are exempt from a sign permit, but are subject to the requirements of this section and this Article. A. Flags Flags of any government or governmental agency, nation or any patriotic, religious, charitable, civic, educational or fraternal organization are exempt from sign permit requirements. A maximum of three (3) flagpoles are permitted per lot. B. Memorial Plaques Memorial plaques of bronze, brass or other noncombustible material built into or attached to the wall of a structure are exempt from sign permit requirements. The memorial plaque may contain only the name of the building or structure, its use, the date of erection, names of the owner, architect or public official, or information commemorating a person or event. Memorial signs may also be cut into a masonry surface. C. Miscellaneous Information Matter Matter appearing on gasoline pumps, newspaper vending boxes and other vending machines, automatic teller machines, or matter appearing on or adjacent to entry doors and display windows such as PUSH, PULL, OPEN, CLOSED, hours of operation, credit cards accepted, and similar information are exempt from sign permit requirements. However, such information is counted in the total window sign area limitation. No audio or video components are permitted on gasoline pumps. D. Municipal Signs Traffic or other municipal signs, legal notices, railroad crossing signs, signs regulating vehicular or pedestrian traffic, or designating or giving direction to streets, schools, historic sites or public buildings, and such temporary emergency or non-advertising signs are exempt from sign permit requirements, but are subject to approval by the City Council. E. Nameplates and Home Occupation Signs Nameplates, which identify the individual or company who currently owns a structure and home occupation signs identifying only the business name are exempt from sign permit requirements and are limited to one (1) square foot in area. F. Warning Signs Warning signs, such as Beware of Dog, No Trespassing or No Dumping are exempt from sign permit requirements. Warning signs are limited to two (2) square feet in area per sign and no more than four (4) signs per lot.
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24.12
ATTACHED PERMANENT SIGNS The following attached permanent signs in all districts except for the Historic Core Districts require a sign permit and are subject to the requirements of this section and this Article. The Historic Core Neighborhood is regulated by Section 24.14. A. Awning, Canopy and Under-Gallery Signs Awnings and canopies that are considered an architectural feature of a structure and are not used for identifying the premises or the goods and/or services sold on the premises are not considered a sign. Awnings and canopies that only identify the address of the structure or are used as part of the front entrance treatment are not considered signs. Awnings and canopies used as signs are subject to the following regulations: 1. Awning and canopy signs are permitted for multi-family residential and non-residential uses in any district. 2. All awning or canopy signs must maintain a minimum clearance of seven (7) feet. Awnings and canopies may not extend beyond a point two (2) feet from the curb line. 3. Printing on any individual awning or canopy is limited to thirty percent (30%) of the surface of any side of an awning or canopy. 4. Back-lit awnings and canopies are prohibited. 5. Awning and canopy signs must be securely attached to and supported by a building. All frames and supports must be made of metal or similar rigid material. Frames and supports may not be made of wood or plastic. 6. Under-awning, under-canopy and under-gallery signs are permitted additions to awnings, canopies and galleries for non-residential uses, subject to the following regulations. a. Under-awning, under-canopy signs and under-gallery signs must be attached to the underside of an awning, canopy or gallery and cannot project beyond the awning, canopy or gallery. b. Under-awning, under-canopy signs and under-gallery signs must maintain a minimum clearance of seven (7) feet. c. A maximum of one (1) under-awning, under-canopy signs and under-gallery sign is permitted per business establishment with frontage on the street where the awning, canopy or gallery is installed. d. Under-awning, under-canopy signs and under-gallery signs are limited to three (3) square feet. e. Under-awning, under-canopy signs and under-gallery signs must be securely fixed to the awning, canopy or gallery with metal supports. 7. All awnings or canopies must comply with the following design standards: a. Awnings and canopies must be compatible in material and construction to the style and character of the structure and compatible with the overall color scheme of the faade.
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b. Awnings must be generally aligned with others nearby in order to maintain a sense of visual continuity. c. Awnings and canopies must fit the opening of the structure and positioned so that distinctive architectural features remain visible. B. Directory Signs Multi-tenant non-residential developments are permitted one (1) directory sign of no more than twelve (12) square feet in area, which must be wall-mounted. No illumination is permitted. C. Marquee Marquee signs are permitted in the Destination Districts and Central Business District subject to the following: 1. No marquee may extend beyond the curb line. 2. Marquees are limited to the width of the building entrance with an additional five (5) feet on each side of the entrance permitted. 3. Marquees are permitted to construct a projecting sign above the roof of the marquee, subject to the requirements for a projecting sign in the applicable district. 4. All marquees, including the anchor bolts, supports, rods and braces, must be designed by a structural engineer and approved by the Director of Safety and Permits. Marquees must be supported solely by the building to which they are attached, and no columns or posts are permitted as support. 5. The roofs of all marquees shall be used for no other purpose than to form and constitute a roof. A marquee must be a minimum of seven (7) feet above the sidewalk. D. Projecting Sign 1. Projecting signs are permitted for non-residential uses in the districts indicated in Table 24-2: Projecting Signs. Table 24-2 also contains sign area maximums for projecting signs. Projecting signs are permitted a maximum of two (2) sign faces. Only one (1) projecting sign is permitted per ground floor business establishment. 2. Projecting signs must not project more than two (2) feet from the curb line, as measured from the building to which they are attached. No projecting sign may project more than four (4) feet from the building face to which it is attached. 3. The bottom of any projecting sign must be at least seven (7) feet above the sidewalk. No projecting sign affixed to a building may project higher than the building height, including the sign support structure. 4. No projecting sign may be secured with wire, strips of wood or nails and may not be hung or secured to any other sign. Any movable part of a projecting sign, such as the cover of a service opening, must be securely fastened by chains or hinges.
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TABLE 24-2: PROJECTING SIGNS DISTRICT OPEN SPACE DISTRICTS ALL DISTRICTS RURAL DEVELOPMENT DISTRICTS RRE M-MU HISTORIC URBAN NEIGHBORHOOD HU-RS1, HU-RD2, HU-RD2, HU-RM1, HU-RM2 HU-B1A HU-B1 HU-MU SUBURBAN NEIGHBORHOOD S-RS1, S-RD1, S-RM1, S-RM2E, S-LRS1, SLRS2, S-LRS3, S-LRD1, S-LRD2, S-LRM1, SLRM2 S-B1, S-B2, S-LB1, S-LB2, S-LC S-LP S-LM DESTINATION DISTRICTS C1 C2 C3 MU1 MU2 EC MS CENTERS FOR INDUSTRY LI HI MI BIP BC CENTRAL BUSINESS DISTRICT CBD-1 CBD-2 CBD-3 CBD-4 CBD-5 CBD-6 PROJECTING SIGN PERMITTED No No Yes No Yes Yes Yes No Yes No Yes 12sf 12sf PROJECTING SIGN MAXIMUM AREA
8sf
8sf 8sf 12sf
Yes 24sf Yes 32sf Yes 44sf Yes 44sf Yes 44sf Per approved general development plan Per approved general development plan Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 44sf 44sf 44sf 44sf 44sf 32sf 32sf 32sf 32sf 32sf 32sf
E. Multi-Family Identification Sign (Attached) One (1) multi-family identification sign is permitted per multi-family use identifying the name of the development and address, whether wall-mounted or freestanding. Multi-family identification signs are limited to twenty-four (24) square feet in area. F. Wall Sign 1. Wall signs must be safely and securely attached to the building wall no less than seven (7) feet above the ground. Wall signs must be affixed flat against the building wall and must not project more than eighteen (18) inches from the building wall.
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2. No wall sign affixed to a building, including sign support structure, may project beyond the ends or top of the wall to which it is attached. On existing structures, a parapet wall must not be constructed for the sole purpose of increasing the allowable height of a wall sign. For new construction, when a sign is to be mounted on a parapet wall, that parapet wall must be consistent with the architectural design of the structure, including building materials. Wall signs may not be attached to un-reinforced masonry parapets. Wall signs must not cover windows, doors or architectural features. 3. Wall signs must be constructed of wood or metal, or may be painted on a structure. 4. Gooseneck reflectors or similar external lighting are permitted on all wall signs provided the reflectors concentrate the illumination upon the area of the sign face only. Wall signs may also be internally illuminated. 5. The maximum size of a wall sign is established at one (1) square foot per linear foot of building frontage, subject to the following: a. For an interior lot, the maximum size of a wall sign is established as measured along the building frontage at the front lot line, with a minimum of twenty (20) square feet permitted. b. For a corner lot, the maximum size of a wall sign located on each building wall is measured along the building frontage along the front or corner side lot line of that building wall, with a minimum of twenty (20) square feet permitted for each sign. The size of a wall sign on each side of the building is limited to the square footage calculated on that side only. In no case may the square footage permitted for the building wall located along the front lot line and the square footage permitted for the building wall located along the corner side lot line be combined to create a larger sign on a wall other than that permitted on each individual wall. c. In a multi-tenant structure, the maximum size of a wall sign for each tenant is measured along each individual business frontage, with a minimum of twenty (20) square feet permitted for a wall sign for each tenant. In no case, may the total amount of wall signs on the structure exceed the multiplier times the linear foot of total business frontage or the sum total of twenty (20) square feet per tenant, whichever is greater. If a multi-tenant structure is located on a corner lot, the maximum size of the wall sign located along the corner lot line is measured along the building frontage along the corner lot line, with a minimum of twenty (20) square feet permitted. G. Window Sign (Permanent) 1. Window signs are permitted for all non-residential uses. 2. All window signs, temporary or permanent, including neon window signs and neon tubing, are limited to ten percent (10%) of the surface of the total window area. Window area is counted as a continuous surface until divided by an architectural or structural element. Mullions are not considered an element that divides window area. 24.13 DETACHED PERMANENT SIGNS The following detached permanent signs in all districts except for the Historic Core Districts require a sign permit and are subject to the requirements of this section and this Article. The Historic Core Neighborhood is regulated by Section 24.14.
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A. Billboards Billboards are regulated by the provisions of Section 24.16 below. B. Bulletin Board Signs Bulletin board signs are permitted for open space, institutional and governmental uses subject to the following: 1. Bulletin boards are limited to twenty (20) square feet in area. 2. Bulletin boards are limited to six (6) feet in height. 3. Bulletin boards must be setback five (5) feet from any lot line. 4. Only one (1) bulletin board is permitted per lot. 5. Bulletin boards may be internally or externally illuminated. C. Parking Lot Directional, Parking Area Identification and Menu Board Signs 1. Parking Lot Directional Signs a. All Parking Lot Directional Signs i. Parking lot directional signs may identify the use only by means of a logo, shape, or color with the exception of words such as ENTRANCE or EXIT. Directional signs must be located entirely on the property to which they pertain and only identify restrooms, public telephone, walkways, parking lot entrances and exits, and features of a similar nature.
ii. Parking lot directional signs may not encroach into the public right-of-way. iii. Parking lot directional signs may not be illuminated. b. Parking Lot Directional Signs for Multi-Family Residential Use i. A maximum of two (2) parking lot directional signs are permitted for the parking areas of multi-family residential uses.
ii. Parking lot directional signs are limited to a maximum height of five (5) feet and a maximum sign area of five (5) square feet. c. Parking Lot Directional Signs for Non-Residential Uses i. One (1) parking lot directional sign is permitted for each driveway access from a public street. One (1) additional directional sign is permitted for each intersection of driveways within a site, to identify traffic routing, entrances and services, such as drive-in lanes.
ii. Parking lot directional signs are limited to a maximum height of six (6) feet and a maximum sign area of ten (10) square feet.
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2. Parking Area Identification Signs a. A public parking area is permitted one (1) freestanding parking area identification sign per street frontage having a maximum height of fifteen (15) feet and a maximum sign area of fifteen (15) square feet. Accessory parking lots for principal uses that are not located on the same lot as the principles use are also permitted a parking area identification sign subject to these same requirements. b. Parking area identification signs may be internally illuminated only. c. No other sign for the parking area use is permitted. d. The contents of parking area identification sign are limited to the following information: i. Name of parking lot operator, either by letter or symbol (logo) or both.
ii. Nature of parking lot (monthly, daily, hourly, etc.) iii. Rate information, limited to thirty percent (30%) of sign area. 3. Menu Board Signs Drive-through establishments are permitted one (1) menu board sign per drive through lane, constructed as monument sign, no more than forty (40) square feet in sign area, no more than six (6) feet in height and no less than twenty (20) feet from any lot line. Menu boards may be internally illuminated or designed as an electronic message sign. D. Freestanding Signs 1. Freestanding signs are permitted for non-residential uses in the districts indicated in Table 24-1: Freestanding Signs. Table 24-1 also contains sign area and sign height maximums for freestanding signs. In certain districts, only monument signs may be permitted. Only one (1) freestanding sign is permitted per street frontage. Where bulletin board signs are permitted, such sign will count as a freestanding sign. 2. No part of a freestanding sign may project or otherwise encroach into a public right-of-way. All freestanding signs must be setback five (5) feet from any lot line. 3. Freestanding monument signs may be internally or externally illuminated. Freestanding pole signs may only be internally illuminated. 4. All freestanding pole signs must be securely built, constructed and erected upon posts that are sunk below the natural surface in a manner that will prevent the sign from overturning.
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TABLE 24-1: FREESTANDING SIGNS MONUMENT SIGN DISTRICT MONUMENT SIGN PERMITTED MONUMENT SIGN MAXIMUM AREA MONUMENT SIGN PERMITTED HEIGHT POLE SIGN PERMITTED Yes No No No No No POLE SIGN POLE SIGN MAXIMUM AREA 16 POLE SIGN PERMITTED HEIGHT 15
OPEN SPACE DISTRICTS ALL DISTRICTS Yes 32sf 6 RURAL DEVELOPMENT DISTRICTS ALL DISTRICTS Yes 32sf 6 HISTORIC URBAN NEIGHBORHOOD HU-RS1, HU-RD2, HU-RD2, HU-RM1, Yes 32sf 6 HU-RM2 HU-B1A No HU-B1 No HU-MU Yes 32sf 6 SUBURBAN NEIGHBORHOOD S-RS1, S-RD1, SRM1, S-RM2E, SLRS1, S-LRS2, SYes 32sf 6 LRS3, S-LRD1, SLRD2, S-LRM1, SLRM2 S-B1, S-B2, SYes 32sf 6 LB1, S-LB2, S-LC S-LP Yes 32sf 6 S-LM Yes 32sf 6 DESTINATION DISTRICTS C1 Yes 32sf 6 C2 Yes 44sf 6 C3 Yes 44sf 6 MU1 Yes 44sf 6 MU2 Yes 44sf 6 EC As per approved general development plan MS As per approved general development plan CENTERS FOR INDUSTRY LI Yes 44sf 6 HI Yes 44sf 6 MI Yes 44sf 6 BIP Yes 44sf 6 BC Yes 44sf 6 CENTRAL BUSINESS DISTRICT CBD-1 Yes 44sf 6 CBD-2 Yes 44sf 6 CBD-3 Yes 44sf 6 CBD-4 Yes 44sf 6 CBD-5 Yes 44sf 6 CBD-6 Yes 44sf 6
No
No No No Yes Yes Yes Yes Yes 32sf 32sf 32sf 50sf 50sf 20 20 20 25 25
Yes Yes Yes Yes Yes No No No No No No
50sf 50sf 50sf 32sf 32sf
25 25 25 20 20
E. Residential Development Signs 1. Multi-Family Identification Sign a. One (1) multi-family identification sign is permitted per multi-family use identifying the name of the development and address, wall-mounted or freestanding.
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b. Multi-family identification signs are limited to twenty-four (24) square feet in area. c. Freestanding signs are limited to six (6) feet in height. Monument signs are preferred when a freestanding structure is used. 2. Residential Subdivision Identification Sign a. One (1) residential subdivision identification sign is permitted per subdivision development of five (5) residential lots or more. Residential subdivision identification signs are permitted only in the Suburban Neighborhood Districts. b. Residential subdivision identification signs are limited to thirty-two (32) square feet in area and six (6) feet in height. Residential subdivision identification signs must be located five (5) feet from any lot line. 24.14 PERMANENT SIGNS HISTORIC CORE NEIGHBORHOOD The following attached and detached permanent signs require a sign permit in the Historic Core Neighborhood Districts and are subject to the requirements of this section and this Article. A. Awnings and Canopies Awnings and canopies that are considered an architectural feature of a structure and are not used for identifying the premises or the goods and/or services sold on the premises are not considered a sign. Awnings and canopies used as signs are subject to the regulations of Section 24.12.A with the exception of the following modifications in the Historic Core Neighborhood Districts: 1. Printing on an awning or canopy is limited to letters no more than twelve (12) inches in height and a maximum amount of printed area of eight (8) square feet. 2. Under-awning and under-canopy signs are not permitted. B. Billboards Billboards are regulated by the provisions of Section 24.15 below. C. Bulletin Board Signs Bulletin board signs are permitted for open space, institutional and governmental uses are subject to the regulations of Section 24.13.C with the exception that bulletin boards are limited to eight (8) square feet in area. D. Directory, Parking Lot Directional, Parking Area Identification and Menu Board Signs 1. Directory Signs Directory signs are prohibited. 2. Parking Lot Directional Signs Parking lot directional signs are subject to the regulations of Section 24.13.C. 3. Parking Area Identification Signs
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Parking lot directional signs are subject to the regulations of Section 24.13.C. 4. Menu Board Signs Menu board signs are prohibited. E. Freestanding Signs Freestanding signs are prohibited. F. Residential Development Signs 1. Multi-Family Identification Sign Multi-family identification signs are permitted but are limited to eight (8) square feet in area and must be wall-mounted. 2. Residential Subdivision Identification Sign Residential subdivision identification signs are prohibited. G. Wall Sign, Window Sign and Projecting Sign 1. Projecting Sign General Regulations a. Projecting signs must not project more than two (2) feet from the curb line, as measured from the building to which they are attached. No projecting sign may project more than four (4) feet from the building face to which it is attached. b. The bottom of any projecting sign must be at least seven (7) feet above the sidewalk. No projecting sign affixed to a building may project higher than the building height, including the sign support structure. c. No projecting sign may be secured with wire, strips of wood or nails or hung or secured to any other sign. Any movable part of a projecting sign, such as the cover of a service opening, must be securely fastened by chains or hinges. d. Projecting signs are permitted a maximum of two (2) sign faces. 2. Wall Sign General Regulations a. Wall signs must be safely and securely attached to the building wall at no less than seven (7) feet above the ground. Wall signs must be affixed flat against the building wall and must not project more than eighteen (18) inches from the building wall. b. No wall sign affixed to a structure, including sign support structure, may project beyond the ends or top of the wall to which it is attached. On existing structures, a parapet wall must not be constructed for the sole purpose of increasing the allowable height of a wall sign. For new construction, when a sign is to be mounted on a parapet wall, that parapet wall must be consistent with the architectural design of the building, including building materials. Wall signs may not be attached to un-reinforced masonry parapets. Wall signs must not cover windows, doors or architectural features. c. Wall signs must be constructed of wood or metal.
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3. Sign Area, Number and Location Regulations a. General Requirement The sign area, number and location regulations for wall signs, window signs and projecting signs for non-residential uses in the Historic Core Neighborhood Districts are subject to the following regulations. The location and size of all signs are subject to prior approval by the Vieux Carr Commission. i. Zoning Districts Group One includes the following districts: VCC-1, VCC-2, VCS, VCS-1, VCE-1, VCP, HMC-1, HMC-2 and HMLI Districts.
ii. Zoning Districts Group Two includes the following districts: VCE District. b. Zoning Districts Group One The following regulations apply to non-residential uses in the following districts: VCC1, VCC-2, VCS, VCS-1, VCE-1, VCP, HMC-1, HMC-2 and HMLI Districts. i. Only one (1) sign, whether wall, window or projecting, is permitted for each business establishment.
ii. No more than fifty percent (50%) of the area of any wall, window or projecting sign may be used to advertise products or commodities sold on the premises. iii. Wall and window signs are permitted thirty (30) square inches of sign area for each one (1) foot of street frontage. Where there is more than one (1) business establishment on a lot with street frontage in excess of fifty (50) feet, the total sign area may be increased one (1) square foot for each ten (10) feet of street frontage. However, no one (1) sign may exceed eight (8) square feet in area. iv. Projecting signs are permitted sixty (60) square inches of sign area for each foot of lot frontage. The area of a projecting sign is the sum of the areas of both faces. No projecting sign may exceed a total for both sign faces of sixteen (16) square feet. v. Where two (2) or more businesses are conducted on the premises of single ownership having a street frontage of twenty-five (25) feet or less, the allowable sign area may be increased by fifty percent (50%). However, the increased sign area is the total maximum sign area permitted for the entire property and are not interpreted to be the permitted sign area for each sign. c. Zoning Districts Group Two The following regulations apply to non-residential uses in the VCE District. i. No sign may interfere with the integrity of the building. No sign may cover any window, door or other architectural detail.
ii. Each establishment is permitted one (1) category sign and one (1) inventory sign in the form of a wall, window or projecting sign. A category sign is defined as a sign that identifies the name and/or address of the business and may include the category of business. A category sign may be a wall, window or projecting sign. An inventory sign is defined as a sign that identifies the products, services and/or prices of the business. An inventory sign must be a wall sign.
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iii. One (1) category sign may be erected for each business operated on the site with public space immediately behind the facade of the premises. The allowable sign area for a category sign is computed at eight percent (8%) of the public space area of the Bourbon Street facade measured by the height times the base. Height is defined as the distance between the floor and ceiling where they intersect the Bourbon Street facade. Base is defined as the linear footage fronting on Bourbon Street. However, no category sign may exceed fifty (50) square feet in area if double-faced or twenty-five (25) square feet in area if single-faced. The following restrictions on sign area calculation apply: (A) The only portion of the facade of a building to be used to calculate the sign area is that portion immediately behind the front faade used to invite the occupancy of the public, therefore excluding warehouse, storage, office and similar ancillary uses as well as halls, stairways, and other common passages. (B) Business operations at upper floors may not consider any doorway or other access at the street level as part of the area of the Bourbon Street facade. iv. Each business is permitted one (1) inventory sign which is a single-faced wall or window sign limited to a maximum sign area of two (2) square feet. No more than thirty (30) square inches may be used to identify the name or type of the business. v. No sign may be erected above the first floor level of any building. Category and inventory signs of businesses other than those operated on the first floor fronting on Bourbon Street may erect allowable signs at the doorway, carriage way or other ground floor access to the business premises. 24.15 BILLBOARDS All billboards must comply with the following requirements. A. Billboard Permit Requests for permits for the construction or erection of new billboards or for any alteration to existing billboards are subject to the following requirements: 1. Before any permit is issued, an application provided by the Director of the Department of Safety and Permits must be submitted, together with: a. Three (3) sets of drawings (one (1) to be returned to the applicant). b. A portfolio of black and white photographs of the site and its environs. c. Specifications (one (1) set to be returned to the applicant) as may be necessary to fully advise and acquaint the Director of the Department of Safety and Permits with the location, manner of construction, materials, manner of support, manner of illumination (if any), the number of sign faces and the proposed alteration. 2. All billboards which are electrically illuminated by any means require a separate electrical permit and inspection.
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3. Each billboard must be clearly and permanently marked with the correct permit number and name of the person(s), firm(s) or owner(s) of the sign(s). Each sign face is required to display a nameplate and a sign permit identification plate. 4. All billboards must be erected on or before the expiration of the permit. 5. Notwithstanding all other provisions of these regulations, billboards must be inventoried, and monitored by the Director of the Department of Safety and Permits, in order to maintain control over such signs in New Orleans. 6. Operating permits for billboards are effective for a period of one (1) calendar year, renewable yearly according to the provisions of City Code. 7. If an existing unpermitted billboard meets the requirements of this Article, an application may be submitted for issuance of a permit. B. Billboard Cap and Replacement Trade-Off System 1. The number of billboard structures and billboard faces permitted to exist hereafter in New Orleans is capped as follows: a. The maximum total number of permitted billboard structures allowed to exist in the City/Parish must not exceed five-hundred eighty-two (582). (This is the total number existing as of November 19, 1992, according to the Board of Fiscal Review Inventory completed August 1992.) b. The maximum total number of permitted billboard faces allowed to exist in the City/Parish must not exceed nine-hundred eighty-five (985). (This is the total number existing as of November 19, 1992, according to the Board of Fiscal Review Inventory completed August 1992.) c. The maximum total number of permitted billboard structures and permitted billboard faces allowed to exist in the City is a reducing quantity based upon the total number of nonconforming billboards removed as follows: The maximum total number of billboard structures and the total number of billboard faces permitted are each reduce by one (1) for every four (4) nonconforming billboard structures and billboard faces that are removed. d. Should any court decision affect the total number of billboard structures or billboard faces as a result of pending litigation involving the City, the maximum total number of permitted billboard structures and billboard faces allowed to exist as designated in Paragraphs a and b above must be adjusted accordingly. 2. Trade-off requirements are established in order to permit new billboards in the City after existing nonconforming ones are removed. a. Two (2) nonconforming billboard structures must be removed before one (1) new billboard structure is permitted. For the purposes of this requirement, a single wall with more than one (1) billboard face mounted on it is counted as a single billboard structure for those faces. However, several billboard faces, each mounted on separate walls of the same building, are counted as separate faces on separate billboard structures.
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b. A demolition permit is required before any billboard structure or billboard face removal can occur and such demolition must be noted on the official billboard inventory being maintained by the City. c. The area of the billboard faces that are removed from existing billboard structures is the maximum billboard face area credited for installation on any new billboard structure. Individual billboard face area must be expressed in square footage. d. A maximum of three (3) faces are permitted on any single new billboard structure in accordance with the provisions set forth herein. e. The lowest of the faces on the billboard structure(s) proposed to be removed is the maximum height permitted for the relocated billboard face(s) which replace them. i. The height of pole-mounted billboard faces removed must be documented on the individual billboard credit and on the official billboard inventory being maintained by the City.
ii. The height of existing wall-mounted billboard faces which are removed are not considered in determining the height of the new billboard which replaces them, but the method of attachment to the structure must be documented on the individual billboard credit and on the official billboard inventory being maintained by the City. iii. Billboard face height is determined as the distance from the undisturbed ground level at the sign structure base to the topmost projection of each individual face. iv. The height restriction of this section does not apply to new billboards proposed for relocation along expressways, freeways or other grade separations if they meet all other requirements set forth in this section. v. In the case of the wall-mounted billboard face and a pole-mounted billboard face which are proposed as removals to be replaced by a new billboard, the height of the pole-mounted face is the limit on the height of such proposed new billboard face(s). f. In the case of variance requests beyond the maximum standards permitted in this Ordinance that are granted, the following standards apply: i. Height variances require use of thirty (30) square feet of face area credit for each one (1) foot in height above the fifty (50) foot height limit.
ii. Face area variance require two (2) square feet of face area credit for each one (1) square foot increase in face above the six-hundred seventy-two (672) square feet limit. C. Variance of Billboard Requirements Applications for any variance to the requirements of this section in accordance with Section 4.5 (Variances) must be submitted to the Board of Zoning Adjustments and must meet the additional application submittals and review standards below.
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1. The variance application must be accompanied by: a. Site plans b. Black and white photographs of the site and its environs c. Black and white photographs, and the location, of the billboards to be removed d. Drawings e. Any other data, either written or graphic, as required by the Board of Zoning Adjustments to aid in their decision process 2. For the purpose of considering a request for a variance from these regulations, the Board of Zoning Adjustments must consider the following criteria: a. The granting of the variance is consistent with the general provisions, intent and design requirements set forth herein. b. Harmony and compatibility with adjacent land uses or views will not be adversely affected. c. Special conditions and circumstances exist which are peculiar to the land, structures or views and which are not applicable to other land, structures or views in the same district. 3. No variance may be approved for billboards in design vistas and aesthetically sensitive areas, as described in Paragraph D.2 below. 3. No variance may be approved to convert an existing nonconforming billboard to an electronic billboard. D. Prohibited Billboard Locations 1. Notwithstanding all other provisions of these regulations, no billboard may be erected, constructed, altered, maintained, or relocated within the following area: a. Within two-hundred (200) feet of the right-of-way lines of any limited access highway, including expressways, as established by the officially adopted Major Street Plan of the City of New Orleans. b. Within two-hundred (200) feet from any portion of any grade separation, including the approaches thereto, constructed or to be constructed in conjunction with the grade separation plan of the Union Passenger Terminal Program of the City of New Orleans. Approaches to grade separations means the entire area between the end of such grade separation structure and the place where the street approach rises from or descends from the normal street grade adjacent to the separation. c. Within two-hundred (200) front feet on the same side of the street of any residential zoning district. d. Any location within two-hundred (200) feet of the right-of-way lines of, and any location east of Paris Road.
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e. Within one-thousand (1,000) feet of aesthetically sensitive areas or design vistas. 2. Billboards are prohibited in design vistas and aesthetically sensitive areas. The aesthetics of these areas can be adversely affected if views were obscured, obstructed or altered in an adverse manner by the visual elements of a use, activity, or structure being constructed, placed or positioned near it. Visual elements that could adversely affect an aesthetically sensitive area include outdoor general advertising signs and their support structures. These areas are as follows: a. The Central Business District Skyline and Louisiana Superdome as seen from all grade separation roadways with vistas toward the Central Business District. Such views include, but are not limited to the following: i. The eastbound Earhart Expressway approach between the Jefferson Parish line and the Central Business District.
ii. The eastbound I-10 approach between the high-rise bridge and the Pontchartrain Expressway interchange. iii. The west bank approach to the Crescent City Connection and the Pontchartrain Expressway from the DeGaulle entrance ramp to the Claiborne Avenue/I-10 interchange. iv. The eastbound Airline Highway/Tulane Avenue approach from the Jefferson Parish line and the Central Business District. v. Decatur Street and Rampart Street, traveling uptown between Elysian Fields Avenue and Canal Street. vi. Orleans Avenue/Basin Street traveling uptown between Claiborne Avenue and Canal Street. vii. Tchoupitoulas Street, Camp Street, St. Charles Avenue, Carondelet Street, Oretha Castle Haley Boulevard/OKeefe Avenue traveling downtown between Martin Luther King, Jr. Boulevard/Melpomene and Poydras Street. viii. Loyola Avenue traveling downtown between Simon Bolivar and Poydras Street. ix. Franklin Avenue southbound, at all grade separations (all views along southwestern side of roadway). x. St. Claude Avenue and North Robertson Street westbound, from Deslonde Street to Poland Avenue, and Clouet Street to Franklin Avenue (all views along riverside of roadway). xi. South Claiborne Avenue eastbound, from Louisiana Avenue to the Pontchartrain Expressway. xii. Highway 407 bridge, westbound, entire grade separation, southwest side. b. All views of the Vieux Carr and St. Louis Cathedral from both sides of the Mississippi River. c. Views of all City elements from the Mississippi River corridor (views from any point on the river).
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d. All views along Carrollton Avenue, between St. Charles Avenue and City Park Avenue. e. All views along all public roadways, railroads, waterways and rights-of-way east of and within two-hundred (200) feet of the right-of-way lines of Paris Road between I-10 and the St. Bernard Parish line. f. Within the Eastern New Orleans Renaissance Corridor Overlay District.
E. Billboard Standards 1. Billboards must conform to the following support criteria: a. Billboards must be mounted on single support poles. The furthest horizontal extension of the sign support, structure or face may be no closer than three (3) feet to any other building, structure, fence or property boundary. b. Sign faces on billboards must be attached to support structures that are designed and engineered exclusively for those sign faces, and none other. 2. All billboard structures must conform to the following sign face format criteria: a. A maximum of three (3) separate sign faces per support structure. b. Each singular structure must conform to the following permitted sign face placement formats: i. Side-by-side
ii. Back-to-back iii. V-plan, where a maximum of thirty degree (30) angle is permitted between the backs of the two (2) faces iv. Where two (2) smaller faces in a side-by-side arrangement could be placed against the back of a larger sign face without extending beyond the larger sign faces edges, they may be permitted. 3. All billboards must conform to the following sign face area criteria: a. Have no less than a minimum sign face area of fifty-five (55) square feet, nor more than a maximum sign face area of six-hundred seventy-two (672) square feet. b. Be formatted to a horizontal orientation. c. Be permitted to have temporary cut-out extensions as follows: i. Temporary cut-out extensions are permitted to project five (5) feet beyond the original sign face edge or frame for a maximum total aggregate of onehundred (150) square feet surface area per sign face.
ii. Three-dimensional extensions are permitted to extend a maximum of five (5) feet beyond the front of the sign face but not into any public right-of-way, nor behind the sign face. Three-dimensional sign face elements are permitted to
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cover a maximum of thirty percent (30%) of the total sign face area. iii. Temporary cut-out extensions must not exceed the overall height limits required for the subject billboards. 4. All billboards must conform to the following height criteria: a. On-Grade Roadways: Billboards adjacent to on-grade roadways are permitted to extend vertically upward to fifty (50) feet in height. Billboard height is measured from the original undisturbed ground level at the base of the proposed support pylon to the tallest projection of the entire billboard structure including the pylon, sign face and cut-out extensions. b. Grade Separation Roadways: Billboards adjacent to grade separation (elevated) roadways are permitted to extend vertically upward to twenty-five (25) feet in height, measured from the roadbed crown to the tallest projection of the structure or face, cut-out extensions included. The measurement is taken at a perpendicular angle between the grade separation roadway and the sign location. 5. Spacing along freeways and interstate highways is as follows: a. One (1) billboard structure is permitted every one-thousand (1,000) linear feet on either one side of the roadway or the other, but not on both sides. b. A one-thousand (1,000) linear foot separation distance is required between the nearest projections of existing billboards. In the case of any existing billboard situated to advertise toward a freeway and one situated to advertise toward a street that intersects with such freeway, measurement of the separation distance is taken along the closest curbline(s) or paving edge(s) of the two (2) streets that the signs are adjacent to. 6. Spacing along non-freeway roadways is as follows: a. One (1) billboard structure is permitted every five-hundred (500) linear feet on either one side of the roadway or the other, but not both sides. b. A five-hundred (500) linear foot separation distance is required between the nearest projections of existing billboards. In the case of an existing billboard situated to advertise toward one street and one situated to advertise toward another street that intersects with it, the measurement of the separation distance is taken along the closest curbline(s) or paving edge(s) of the two (2) streets that the signs are adjacent to. 7. Billboard structures or pylons must not be placed or encroach into: a. Legally required parking spaces b. Service drives or lanes c. Refuse storage areas
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8. One (1) flat, double-faced billboard, illuminated or non-illuminated, limited in area to thirty (30) square feet is permitted on public transit wait stations, provided that no such sign is placed higher than nine (9) feet or to the roofline of the public transit wait station, whichever is lower, and provided that no billboard is constructed in any historic district in the City without the prior approval of the appropriate Historic District Landmarks Commission. 9. Electronic billboards are permitted subject to the following: a. Only one (1) electronic billboard is permitted per lot. b. Each message or image displayed on an electronic billboard must be static or depicted for a minimum of eight (8) seconds. Animation, streaming video and images which move or give the appearance of movement are prohibited. c. No illumination from any electronic billboard may glare into any residential premises or interfere with the safe movement of motor vehicles on public thoroughfares. d. An electronic billboard must not exceed a maximum illumination of six-thousand (6,000) nits during daylight hours, and a maximum illumination of five-hundred (500) nits between dusk and dawn, as measured from the signs face at maximum brightness. All electronic billboard must have ambient light monitors, which automatically adjust the brightness level of the electronic sign based on ambient light conditions. e. No electronic billboard may have audio speakers or any audio component. f. No existing nonconforming billboard may be converted to an electronic billboard.
F. New Orleans Billboard Report Owners of billboard within the City of New Orleans must submit annually, by January 1 of each year, a report to the City Planning Commission that summarizes the number of billboards maintained within the City, including a site plan showing the location of the billboard, a black and white photograph of the billboard, a description of the size and type of billboard, and all contact information for the owner of such billboard. 24.16 CLASSIC SIGNS A. Eligibility 1. Any person or the City may apply for designation of an existing sign, as of the date of adoption of this Ordinance, as a classic sign. Classic signs are exempt from area, setback, height, lighting, movement, flashing, placement, type, content, placement and construction materials requirements of this Ordinance. 2. To qualify for designation as a classic sign, the sign must: a. Be at least twenty-five (25) years old or an exact replica of an original sign where the combined age of the duplicate and original sign is at least twenty-five (25) years. b. Possess unique physical design characteristics, such as configuration, message, color, texture, etc.
st
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c. Be of significance to the City, regardless of the use identified by the sign. 3. A sign designated a classic sign may remain on the premises even if the original use to which the sign relates is no longer located on the premises. B. Application 1. An application for classic sign status must include plans for sign maintenance, renovation or possible reconstruction. A classic sign application may also be submitted by the Historic District Landmarks Commission, City Council or City Planning Commission. 2. Application for classic sign status must be made to the Historic District Landmarks Commission, who will schedule a public hearing, where the applicant presents classic sign recommendations to the Historic District Landmarks Commission. 3. The Historic District Landmarks Commission may approve or deny the application. 4. The applicant may appeal a decision of the Historic District Landmarks Commission to the City Council within thirty (30) days of notification of the decision. C. Maintenance The owner of a classic sign must ensure that the sign is not structurally dangerous, a fire hazard, an electrical shock hazard, or any other kind of hazard. Classic signs may be rebuilt if damaged. D. Designated Classic Signs The following are deemed to be signs of special significance in the City and are, therefore, designated classic signs and exempt from the provisions of this Ordinance: 1. Hotel Monteleone roof sign, 214 Royal Street 2. Palace Caf roof sign, 605 Canal Street 3. Falstaff Brewery roof sign and weather ball, 2600 Gravier Street
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ARTICLE 25. NONCONFORMITIES

25.1 25.2 25.3 25.4 25.5 25.6 25.1 PURPOSE GENERAL STANDARDS OF APPLICABILITY NONCONFORMING USE NONCONFORMING STRUCTURES NONCONFORMING LOTS OF RECORD NONCONFORMING SIGNS PURPOSE The purpose of this Article is to provide for the regulation of nonconforming structures, uses and lots, and to specify those circumstances and conditions under which nonconforming structures and uses will be eliminated. 25.2 GENERAL STANDARDS OF APPLICABILITY A. Authority to Continue Any structure, lot or use that existed as a lawful nonconformity at the time of the adoption of this Ordinance, and any structure, lot or use that has been made nonconforming because of the terms of this Ordinance or its subsequent amendments, may continue subject to the provisions of this Article so long as it remains otherwise lawful. B. Burden on Property Owner to Establish Legality In all cases, the burden of establishing the legality of a nonconformity under the provisions of this Ordinance are upon the property owner of the nonconforming structure, use or lot. C. Safety Regulations All police power regulations enacted to promote public health, safety and welfare including, but not limited to, all building, fire and health codes apply to nonconforming structures and uses. D. Suspension for Force Majeure or Acts of Public Enemy In the event of force majeure, such as a hurricane, fire or storms, or acts of public enemy the City Council may, by ordinance, suspend the requirements of this Article for an established period. 25.3 NONCONFORMING USE A. Nonconforming Uses 1. A nonconforming use is the use of land or a use within a structure that, as of the effective date of this Ordinance, is used for a purpose not allowed in the zoning district in which it is located. 2. Unless specifically permitted by Paragraph F below, all nonconforming uses are subject to the discontinuance and abandonment, change of use, and structures containing a legally nonconforming use provisions of this Article.
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B. Existence of a Nonconforming Use The Director of the Department of Safety and Permits, at the time application is filed for a building permit or certificate of occupancy attesting to the legal nonconforming status of an existing use, must make an initial determination as to the existence of such nonconforming use and require the property owner, or his/her agent, to produce acceptable evidence attesting to legal nonconforming status. Such evidence includes, but is not restricted to, documents such as rent rolls/receipts, affidavits, documentation of utility services, or other information deemed necessary in a particular case. C. Discontinuation or Abandonment 1. If a nonconforming use of land or within a structure is discontinued, or the structure that a nonconforming use occupies becomes vacant and remains unoccupied, for a continuous period of one-hundred eighty (180) days, the use is deemed to be abandoned and may not be reestablished or resumed regardless of the intent to resume or to continue the use. Any subsequent occupancy of such land or use of the structure must comply with all regulations of the zoning district in which the land or structure is located. Where a use has ceased operations for renovations in conjunction with a lawfully issued building permit, the use must restore operation within one-hundred eighty (180) days. 2. The calculation of the period of discontinuance does not include the following circumstances: a. When the period of discontinuance is caused by government action, force majeure or acts of public enemy, it is not included in calculating the length of discontinuance for this section. b. If the lessee of any structure or land used or occupied for a nonconforming use under a lease, at any time before the expiration of the lease, ceases to occupy or use the structure or land for the nonconforming use, the structure or land is not considered vacant until the owner again obtains legal control of its occupancy and use. This exception does not apply if the owner, for any reason, is entitled legally to regain possession and does not by legal or other effective means attempt to do so. c. In the event of a bankruptcy proceeding for the nonconforming use of land or the nonconforming use of a structure, neither the land or structure containing the nonconforming use is deemed vacant until the structure or land is released from the jurisdiction of the bankruptcy court. Where formal succession proceedings have been instituted for a nonconforming use of land or the nonconforming use of a structure neither the land or structure containing the nonconforming use is deemed vacant until a judgment of possession has been rendered by a court with proper jurisdiction. d. Where a mortgage has been inscribed and recorded prior to the adoption of this Ordinance for any structure or land used for a nonconforming commercial or industrial use, the structure or land is not considered vacant until the holder of the mortgage or purchaser at foreclosure sale takes possession and ownership is established by court procedure, or until the holder of the mortgage gains possession of the property by a recorded legal transfer after foreclosure proceedings. 3. The casual, intermittent or temporary use of a structure or land is not sufficient to establish and maintain the existence of a nonconforming use. In order for the nonconforming use to continue the following standards must be met:
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a. The use must be open for business a minimum of four (4) days per week for a total of thirty (30) hours per week. The hours of operation must be posted on the entrance to the use. b. Equipment or furnishings required by City ordinances for the specific type of activity must be available. c. The structure must be maintained in accordance with applicable City ordinances. Reception facilities are not considered casual or temporary due to the intermittently operating nature of the business for scheduled events with food and beverage service at the request of clients. These private events with food and beverage service, scheduled by non-owners and/or operators, must be held a minimum of fifteen (15) occasions a year to uphold a legal operating status as a reception facility. D. Destruction of Structures Containing a Nonconforming Use 1. Structures containing a legally nonconforming use that are in whole or in part destroyed by force majeure or acts of public enemy may be restored and the use continued, provided that the restoration is accomplished with no increase in cubical content and no increase in floor area over the building existing immediately prior to damage. Application for a restoration permit must be made within one (1) year of the destruction. Restoration must be completed within one (1) year from the date of the issuance of the restoration permit unless an extension is approved by the Board of Zoning Adjustments. Requests for extensions must be submitted to the Board of Zoning Adjustments prior to the expiration date on the building permit. 2. A structure or land containing a nonconforming use may not be extended or enlarged. Unless required by law or ordinance, this includes the attachment of display materials on the structure or on land outside of the structure, by the attachment of racks, balconies or other projections from the building, the erection of any structures on the land or similar extensions or enlargements. E. Change of Nonconforming Use 1. Process for Change in Nonconforming Use The process for a change in nonconforming use, as permitted by this section, is as follows: a. An application for a permit for a change in nonconforming uses must be submitted to the Executive Director of the City Planning Commission and the Clerk of Council. Each application must be accompanied by the required fee, a floor plan, and a detailed description of both the current and proposed use, including hours of operation, number of employees, off-street parking and loading, delivery schedules, equipment and materials storage, location of refuse containers, signs, screening and landscaping. b. Within thirty (30) days of receipt of a complete application, the Executive Director of the City Planning Commission must submit a recommendation on the application to the City Council. After receiving the recommendation of the Executive Director or if no recommendation has been received after thirty (30) days from receipt of a complete application, the City Council must conduct a public hearing and must consider and act upon said application by motion.
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c. The City Council may approve the application only upon determining that the proposed nonconforming use: i. Is a legal nonconforming use as verified by the Director of Department of Safety and Permits.
ii. Is not more intensive than the prior nonconforming use. iii. Is consistent with the character of the neighborhood in which it is located. d. Within thirty (30) days of approval by the City Council, the applicant must provide the Department of Safety and Permits with a copy of the floor plan and the motion approving the change in nonconforming use. 2. Permitted Changes in Nonconforming Use a. In all districts, except the Historic Core Districts, if no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of the same or more restrictive classification, provided that the new nonconforming use is not more intensive than the prior use. Whenever a nonconforming use of a structure has been changed to a more restrictive use or to a conforming use, such use cannot then be changed to a less restrictive use. b. In the Historic Core Districts, if no structural alterations are made, a nonconforming use may be changed to another nonconforming use in accordance with Table 25-1: Historic Core Nonconforming Use Conversion Permissions. Nonconforming residential uses in the HMR-3 District are not permitted to convert to commercial uses.
TABLE 25-1: HISTORIC CORE NEIGHBORHOOD NONCONFORMING USE CONVERSION PERMISSIONS May be changed to another nonconforming use, but A nonconforming use located in the following limited to the uses permitted in the following district: districts: VCR District VCR District VCC District VCC District VCE District VCR and VCC Districts VCS District VCR and VCC Districts HMR District HMR and HMC-1 Districts HMC District HMR and HMC-1 Districts HMLI District HMR and HMC-1 Districts
F. Expansion of Certain Nonconforming Uses The following existing nonconforming uses may be expanded, subject to standards of this section. In the event of any conflict between the limitations on expansion of use in other sections of this Article and specific standards of this section, this section controls. 1. Process for Expansion of Certain Nonconforming Uses In order to expand certain nonconforming uses, a conditional use approval is required. The process to expand certain nonconforming uses will be the conditional use process. In addition to the requirements of Section 4.3 (Conditional Use), any additional application requirements and approval standards in this section must be included in the submittal and process. Any variance to the standards of this section must be approved as part of the conditional use approval process.
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2. Expansion of Certain Existing Nonconforming Industrial Uses a. The expansion of a legal nonconforming industrial use is permitted in the Historic Marigny/Trem residential districts of the Historic Core Districts, the residential and non-residential districts of the Historic Urban and Suburban Neighborhood Districts, the Destination Districts and the Centers for Industry. These provisions apply only to industrial uses and do not apply to any residential or commercial uses permitted in an industrial district. b. In order to minimize the impact of nonconforming industrial uses upon adjacent properties and the neighborhood, and to protect the surrounding neighborhood from any adverse effects of such uses, the expansion of an existing nonconforming industrial use must meet the following standards: i. The use is a legal industrial use or attained legal nonconforming status through prescription or as a result of a change in zoning classification. The use has been maintained without interruption for two (2) years or since the date use became nonconforming, whichever is less, prior to the application for expansion.
ii. The use is designed, located and operated so that public health, safety and welfare is protected. iii. The use causes no substantial injury to other property in the neighborhood in which it is located. iv. The use or structure conforms to any additional conditions deemed necessary by the City Council, upon the recommendation of the City Planning Commission, to secure the general objectives of this section and to ensure that other properties in the neighborhood are not adversely affected. The City Council may impose conditions to meet the following standards: (1) Adequate ingress and egress to the property and to the existing and proposed structures is provided with particular consideration for vehicular and pedestrian safety and convenience, traffic flow and control, and access for fire control vehicles. (2) Off-street parking and loading areas are able to adequately serve the use of the subject property, with particular attention to ingress and egress, the location and number of spaces, and the impacts of noise or glare on adjoining properties and other properties within the general vicinity. (3) The location of refuse and service areas are located to ensure safe site circulation and are properly screened. (4) Adequate landscaping, screening and buffering is provided to minimize the impact of the use on adjacent properties and other properties in the general area. (5) Existing and proposed signs and any existing and proposed exterior lighting are compatible with properties in the general area. (6) The heights of existing and proposed structures, including any enlargements of existing structures, are compatible with properties in the general area.
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(7) The general scale, arrangement and design of existing and proposed structures, including building material and any exterior features, are compatible with adjacent or nearby land uses. c. A site plan must be submitted with an application to expand an existing industrial use and must include the existing industrial use as well as any proposed expansion of the use. d. In addition to notice required by the conditional use process, notice of the proposed expansion must be given to all abutting property owners, as well as those on the same side of the street within the block of the proposed expansion site and on the opposite blockface. e. An industrial use that has been expanded pursuant to this section may not be changed to another use unless reapplication is made in accordance with this section. The change in use must be similar to the existing use and of the same or of a lesser intensity than the existing use. No change in use is permitted to a less restrictive use. f. Any proposed expansion is limited to the same or contiguous lot(s).
g. When the proposed expansion of an industrial use is located in a historic district, the Historic District Landmarks Commission must review and comment on the application. h. No building permit will be issued until a final plat of the expansion is approved, filed and recorded in the Conveyance Office of Orleans Parish. The site plan and the agreement must be recorded within thirty (30) days of the date the final approval of the site plan is signed or the approval is deemed null and void. i. The City Council may initiate revocation proceedings against the owner of the expanded industrial use in the event of noncompliance or failure to satisfy conditions imposed on approval of the expansion after sixty (60) days notice to the owner.
3. Existing Nonconforming Residential Uses in the LI District An existing nonconforming residential use in a LI District which has lost legal nonconforming status may be reestablished, structurally altered and additions to existing structures may be permitted provided that no additional dwelling units are created through such alterations or additions. 4. Expansion of Certain Existing Nonconforming Public and Semi-Public Facilities a. In all districts except the LI, HI and MI Districts, existing railroad facilities, public works and safety facilities, and educational facilities may continue to be operated and maintained and may be expanded provided such expansion can be accomplished in conformance with the applicable district regulations b. Temporary use of off-site facilities for an existing primary and secondary educational facility is permitted in the LI, HI and MI Districts subject to the following: i. The temporary use is limited to a period of two (2) years. Upon request, an extension of the two (2) year limit may be granted by the City Council by motion.
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ii. New off-site structures used temporarily must meet the following setback requirements: (1) A minimum of fifty (50) feet where the side yard or rear yard line abuts a residential district. (2) A minimum of twenty-five (25) feet from all lot lines abutting streets, canals or open space. iii. The student enrollment of the temporary facility must not exceed twenty-five percent (25%) of the student enrollment of the existing school facility. The enrollment of the temporary facility may be increased upon a request to and approval of the Director of the Department of Safety and Permits in the event of an emergency. Said emergency may constitute a fire, natural disaster, hazardous condition, or any other unforeseen occurrence requiring prompt action. c. Expansion of an existing nonconforming educational facility is permitted as a matter of right subject to the following: i. The existing educational facility, prior to the expansion, is nonconforming in terms of the minimum site size requirement for an educational facility and the expansion of the educational facility site reduces the degree of nonconformity.
ii. There will be no structures on the expansion site. iii. The expansion site remains open space or recreational area. d. The renovation or reuse of an existing educational facility as a public educational facility that has not been previously approved through the conditional use process is permitted, notwithstanding any nonconforming status or period of vacancy. However, the type of educational facility may not be changed to a higher level of educational facility (for example, conversion from a primary educational facility to a secondary educational facility). Any expansion of the site beyond its limits at the time of closure or prior use, other than expansion permitted under Paragraph c above, or change in use to a higher level of educational facility requires conditional use approval. e. Rebuilding of an existing educational facility that has not been approved through the conditional use procedure is permitted irrespective of any nonconforming status or period of vacancy provided that: i. The increase in floor area does not exceed fifty percent (50%) of the floor area of the structure prior to rebuilding.
ii. The type of educational facility is not changed to a higher level of educational facility. Any expansion of the site beyond its limits at the time of closure or prior use, other than expansion permitted under Paragraph c above, or change in the above conditions requires a conditional use permit.
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5. Existing Nonconforming Radio and Television Towers Existing radio and television towers in any district, including accessory structures but excluding attached broadcast studios and offices, may continue to be operated and maintained and are permitted to expand in conformance with the applicable district regulations, provided that the site is a minimum of ten (10) acres and a minimum setback of fifty (50) feet is maintained from all property lines. 6. Existing Nonconforming Hospitals in Single-Family or Two-Family Residential Districts Existing nonconforming hospitals located in a single-family or two-family residential district may be maintained, altered or expanded subject to the following standards: a. Such expansion includes only the addition of uses or services incidental to the principal activity of the hospital, without change of use or zoning classification. b. The lot was either: i. Occupied by hospital buildings and used for services customarily incidental to the principal activity of the hospital as of October 19, 1967; or
ii. The lot to be maintained, altered or expanded by the addition of uses or services was contiguous to or abutting the lot where the hospital is situated, or is separated by a street and fronted on the same public street separating the lot as of October 19, 1967; or iii. The lot to be maintained, altered or expanded by the addition of uses or services, together with the other lots owned by the hospital were either contiguous or separated from each other by a public street as of October 19, 1967, contain an aggregate of not less than ten (10) acres. c. The expansion or structural alteration does not encroach into any required yard area or off-street parking area. d. The proposed alteration or expansion of uses or services complies with existing City ordinances and does not cause serious negative impacts to occupants of adjoining premises by reason of emission of odors, fumes, gases, dust, smoke, noise, vibration, light, glare or other nuisance. e. Any and all future structures or uses are used only for the principal activity or accessory uses to the principal activity of the hospital, and for related institutional activities, such as libraries, parking areas, and other similar uses. f. No new commercial activities of any kind are permitted, in whole or in part, main or accessory, such as personal service establishments, restaurants, hotels and retail goods establishments, except as may be incidental and necessary to the principal activity of the hospital and of the type that existed in said hospital as of October 19, 1967.
g. The hospital may not be enlarged outside its current boundaries, inlcuding by addition of any other lots subsequently acquired by the hospital.
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h. Any alteration or expansion by the addition of new structures under the provisions of this section must be enclosed by either a continuous masonry, brick, iron, picket or chain-link fence. If such fence is not opaque, then landscape must be installed along the fence to screen the structure. The fence must be a minimum of seven (7) feet in height. G. Existing Borrow Pits Borrow pits existing as of the effective date of this Ordinance are considered legal nonconforming uses and may continue to operate as approved. Any changes to the approved design and operations plan must be approved as an amendment to the conditional use. Once the borrow pit is closed, the agreements within the approved end-use site plan must be executed. 25.4 NONCONFORMING STRUCTURES A. Nonconforming Structure Structures that at one time conformed to applicable zoning regulations, but because of subsequent amendments to this Ordinance no longer conform to applicable yard, height, lot coverage or other dimensional or bulk provisions of this Ordinance, are considered nonconforming structures. B. Ordinary Repairs and Maintenance Normal maintenance and incidental repair may be performed on any nonconforming structure. No repair or reconstruction is permitted that would create any new nonconformity, increase the degree of any previously existing nonconformity, or increase the bulk of the structure in any manner. C. Structural Alterations No structural alterations are permitted for any nonconforming structure, except in the following situations: 1. When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting the public safety. 2. When the alteration will result in eliminating the nonconformity. 3. Structures which are nonconforming as to height, floor area ratio, yard, lot area, lot width, lot depth, or parking may be structurally altered, provided such alteration does not further increase the extent of the nonconformity or increase the number of dwelling units. D. Additions and Enlargements Structures which are nonconforming as to height, floor area ratio, yard, lot area, lot width, lot depth, or parking may be enlarged (i.e., increased in cubical content), provided such enlargement does not further increase the extent of the nonconformity or permit an increase in the number of dwelling units.
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E. Relocation A nonconforming structure may not be relocated, in whole or in part, to any other location on the same lot. A nonconforming structure may be relocated to another lot if the structure conforms to all regulations of the zoning district in which it is relocated. F. Damage or Destruction 1. In the event that any nonconforming structure is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value at that time, then the structure may not be restored or rebuilt unless the structure, including foundation, is made to conform to all regulations of the zoning district in which it is located. 2. When such a structure is damaged or destroyed to the extent of less than fifty percent (50%) of the replacement value at that time, it may be repaired and reconstructed provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair or reconstruction within one (1) year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building permit. 3. The replacement value of the structure is based on: 1) the sale of that structure within the previous year or, if that is not applicable; 2) an appraisal within the last two (2) years or, if that is not available; 3) the amount for which the structure or property was insured prior to the date of the damage or destruction or, if that is not available; 4) an alternative method determined acceptable by the City. 4. In the event that the building permit is not obtained within one (1) year, or that repairs are not completed within one (1) year of the issuance of the building permit, then the structure may not be restored unless it conforms to all regulations of the district in which it is located. 25.5 NONCONFORMING LOTS This section regulates residential nonconforming lots that at one time were conforming, but which no longer conform to the lot area, lot width or lot depth requirements of the zoning district in which they are located. A. Suburban Neighborhood Residential Districts 1. Lots of Record Held in Common Ownership If two (2) or more lots with contiguous frontage are held in common ownership in a Suburban Neighborhood Residential Districts, and one (1) or more of the lots does not meet the requirements for lot width or lot area as established by this Ordinance, the land must be considered to be a single undivided parcel for the purposes of this Ordinance. No portion of the parcel may be used, transferred or conveyed that does not meet the lot width and lot area requirements established by this Ordinance. No division of the parcel may be made which leaves the remaining lot(s) with lot width or lot area below the requirements of this Ordinance. No building permit may be issued for the use of any lot, or portion of a lot, transferred or conveyed in violation of this section.
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2. Exceptions for Individual Lots In the Suburban Neighborhood Residential Districts, notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling may be erected on a single legal nonconforming lot provided that the lot is in separate ownership, or does not abut a lot with similar ownership, and it meets all other zoning district bulk requirements with the exception of lot area, lot width and lot depth. B. Historic Urban Neighborhood Residential Districts On nonconforming lots within the Historic Urban Neighborhood Residential Districts, a singlefamily or two-family dwelling may be erected on a single legal nonconforming lot, subject to the following standards: 1. Two-family dwellings are permitted only where the zoning district permits two-family dwellings. 2. The development must comply with the yard requirements of the applicable zoning district. 3. If separate lots are created for each dwelling unit of a two-family dwelling, each dwelling unit of a two-family dwelling need not be located on a lot complying with the minimum lot area and lot area per dwelling unit requirements for such district provided that: a. Each lot must be a minimum of two-thousand five-hundred (2,500) square feet. b. The minimum lot width for each individual dwelling unit of a two-family dwelling must be twenty-five (25) feet and the minimum lot depth is ninety (90) feet. c. A two-family dwelling must have a party or common wall separating the dwelling units consistent with applicable law. 25.6 NONCONFORMING SIGNS Signs that at one time conformed to the sign regulations of this Ordinance, but because of subsequent amendments to this Ordinance no longer conform to the sign regulations of this Ordinance, are considered nonconforming signs. Nonconforming signs may continue with the following conditions: A. The sign must be properly maintained in a safe condition. An existing nonconforming sign may change the sign face, so long as the area of the sign face is not expanded or the sign or structure is not modified in any way that increases the nonconformity. Repainting, cleaning or other normal maintenance or repair of a nonconforming sign is permitted but must not modify the sign in any way that increases the nonconformity. B. Changes are permitted that will bring the nonconforming sign into conformance with the provisions of this Ordinance. C. After the activity, business or use to which a nonconforming sign relates has been discontinued, the nonconforming sign must be removed. D. If a nonconforming sign is damaged in such a manner that the estimated expense of repairs exceeds fifty percent (50%) of its replacement value, the sign must be removed.
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ARTICLE 26: DEFINITIONS

26.1 26.2 26.3 26.4 26.5 26.1 PURPOSE DEFINITIONS GENERALLY RULES OF GENERIC USE DEFINITIONS COMMON ABBREVIATIONS DEFINITIONS PURPOSE This Article defines the various generic uses permitted within the zoning districts. Each use marked as a permitted or conditional use within the zoning district use tables is defined in this Article. 26.2 DEFINITIONS GENERALLY The language set forth in the text of this Ordinance is interpreted in accordance with the following rules of construction: A. The singular number includes the plural, and the plural the singular. B. The present tense includes the past and future tenses, and the future tense includes the present. C. The words must and shall are mandatory, while the word may is permissive. D. The terms shall not, must not and may not are prohibiting. E. The use of one gender includes the other gender. F. Whenever a defined word or term appears in the text of this Ordinance, its meaning is construed as set forth in the definition. Any word appearing in parenthesis, between a word and its definition herein, is construed in the same meaning as that word. Words not defined are interpreted in accordance with the definitions considered to be normal dictionary usage. 26.3 RULES OF GENERIC USE DEFINITIONS A. Certain terms in this Article are defined to be inclusive of many uses in order to eliminate overly detailed lists of uses in the zoning districts established by this Ordinance. These terms are referred to as generic use definitions. B. A use that is not specifically listed in a zoning district or does not fall within a generic use definition, as defined in this Article, or is not interpreted as part of a generic use pursuant to Section 4.10 (Zoning Interpretations) is prohibited. C. Any use specifically listed within any zoning district use table of this Ordinance or within the definitions cannot be considered part of a generic use definition. 26.4 COMMON ABBREVIATIONS The following are abbreviations used within this Ordinance: A. DU is an abbreviation for dwelling unit. B. SF is an abbreviation for square feet.
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C. N/A is an abbreviation for not applicable. 26.5 DEFINITIONS
Aboveground Utility Structure. Any structure, cabinet, pedestal, splice box, riser, service box, network access terminal, electric meter or similar structure, other than a pole or device attached to a pole, which is owned and used by a utility company, cable company or telecommunications provider to provide service. This does not include traffic or pedestrian traffic control devices, infrastructure that provides water for fire suppression, safety devices such as casting vents, or temporary structures for emergency services. Abuse Addiction Treatment Facility. A facility that provides services related to prevention and/or treatment of the abuse/addiction of controlled dangerous substances, drugs or inhalants, alcohol, problem or compulsive gambling, or a combination of the above. The facility must be licensed to provide treatment to clients diagnosed with abuse/addiction disease/disorders and provide related support and prevention intervention to families, the public, and those individuals identified as having greater than normal risk for developing abuse/addiction disease/disorders. Abut. To have a common district boundary or lot boundary. For the purposes of this Ordinance, a lot line is considered to abut a zoning district even though it may be separated by any portion of a street, parkway, sidewalk, public way, alley, waterway or railroad right-of-way. The terms "adjacent," "adjoining" and "contiguous" have the same meaning as abut. Accessibility Ramp. A ramp or similar structure that provides wheelchair or similar handicap access to a building. Accessory Structure. A structure located on the same lot as, and of a nature and use clearly incidental and subordinate to, the principal structure. Accessory Use. A use that is incidental and subordinate to the principal use of the land or structure that is located on the same lot as the principal use or structure. Active Recreation. Recreational activities, usually performed with others, that often require equipment and take place at designated places, sites, or fields. Active recreation includes, but is not limited to, swimming, tennis and other court games, baseball and other field sports, and golf. Addition or Enlargement. Any construction that increases the size of a structure in terms of site coverage, building height, depth or width, floor area or cubical content. Adjacent. See Abut. Adjoining. See Abut. Adult Use. An adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult cabaret, or an adult massage business. Adult use also means any premises that sells or disseminates explicit sexual material as defined in the City Code and thereby must limit the public display of such explicit sexual material by restricting access to young persons as required by the provisions of the City Code. For purposes of this definition, the following terms have the following meanings: A. Adult bookstore. A bookstore having as a preponderance of its publications, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. B. Adult Cabaret. An establishment that features dancers, go-go dancers, exotic dancers, or similar entertainers or live entertainment, where persons regularly appear in a state of nudity, or where live performances are characterized by the exposure of specified anatomical areas or by specified sexual
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activities as defined below. Such establishments specifically exclude minors, or minors are specifically prohibited by statute or ordinance, regardless of whether or not any such business is licensed to sell alcoholic beverages. C. Adult motion picture theater. An establishment with a capacity of fifty (50) or more persons used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein. D. Adult mini-motion picture theater. An establishment with a capacity of less than fifty (50) persons used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein. E. Sexually oriented devices. Any artificial or simulated specified anatomical area or other device or paraphernalia that is designed in whole or part for specified sexual activities. F. Specified anatomical area. Specified anatomical area means: 1. Less than completely and opaquely covered genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola. 2. Human male genitals in a discernible turgid state, even if completely and opaquely covered. G. Specified sexual activities. Specified sexual activities means: 1. Human genitals in a state of sexual stimulation or arousal. 2. Acts of human masturbation, sexual intercourse or sodomy. 3. Fondling or erotic touchings of human genitals, pubic regions, buttocks or female breasts even if completely and opaquely covered. Aesthetically Sensitive Area. Any geographical area, either publicly or privately owned, in the City of New Orleans that contains or displays distinctive, unusual or historic visual elements exemplary of, and/or peculiar to New Orleans. Aesthetically sensitive areas include but are not limited to churches, cemeteries, convents, schools, parks, nature preserves, wildlife refuges, lakes, bayous, national and local historic districts or landmarks, design review districts, urban corridor districts and design vistas. Affordable Housing Set-Aside. A recorded restriction that requires a certain percentage of dwellings within a development to be rented or owned by families and individuals whose income at initial occupancy is no more than the household income threshold requirement (a percent of the area median income) as determined by the Federal Department of Housing and Urban Development guidelines and adjusted for family size. Aggrieved Party. An individual who is entitled to commence a lawsuit against another because his or her legal rights have been violated. Agriculture. The use of land for agricultural purposes, including farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses. Airport. Land, water or a structure s used for the landing and takeoff of aircraft, including airport buildings, airport structures or airport rights-of-way. An airport includes passenger terminals for that airport and any accessory uses within the passenger terminal, such as restaurants and retail goods establishments.
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Alley. A right-of-way that affords a secondary means of access to property abutting thereon. Alteration. Any change in the size or design of a structure. Amateur (HAM) Radio Equipment. An amateur (HAM) radio station licensed by the Federal Communications Commission (FCC), including equipment such as, but not limited to, a tower or alternative tower structure supporting a radiating antenna platform and other equipment. Animal Hospital. An establishment for the care and treatment of animals, and where animals may be boarded during their convalescence. An animal hospital may include a kennel as a secondary use, but the primary operation of the use is the care and treatment of the diseases and injuries of animals. Appurtenance. An architectural feature of a structure that is higher than the structure it is attached to. See Building Height for appurtenances exempt from building height regulations. Arbor. A freestanding decorative structure with open sides and decorative latticework used in a garden to support vines or climbing plants. (See Figure 26-1: Arbor) FIGURE 26-1: ARBOR
Architectural Feature. A portion of or projection from a structure that contributes to the aesthetics, excluding signs, that is not necessary for the structural integrity of the building or to make the structure habitable. Arena. A commercial structure with tiers of seats rising around a field or court, intended to be used primarily for the viewing of athletic events. Sports arena may also be used for entertainment and other public gathering purposes, such as conventions, circuses, or concerts. Unless otherwise restricted by this Ordinance, an arena may serve alcohol as an accessory use but only when the arena is open to the public for an event. Arrays. A group of antennas arranged by a wireless telecommunications service provider and placed on a tower or structure at a given height to provide the desired directional characteristics. Art Gallery. A commercial establishment engaged in the sale, loan and exhibition of paintings, sculpture, photography, video art or other works of art. An art gallery does not include a cultural facility, such as a library, museum or non-commercial gallery that may also display paintings, sculpture, photography, video art or other works of art.
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Artist Community. Land and structures used as a meeting place, retreat and exhibition center for the exchange of ideas between artists, members of the professional art community and the general public, which may provide indoor and outdoor exhibition space, work space, meeting space, lecture halls, performance space and sculpture parks, as well as living and dining facilities for the staff, artists and participants in the centers retreat programs. Arts Studio. A commercial establishment for the instruction or study of an art or type of exercise or activity, such as dance, martial arts, photography, music, painting, gymnastics or yoga. Attention Getting Device. Any pennant, flag, festoon, valance, propeller, pole covers, spinner, streamer, inflatable device, searchlights, flashing lights, changing colors, rotating or moving displays and any similar device or ornamentation designated for the purposes of attracting attention, promotion or advertising. Attic. An unfinished space below the roof of a structure. Auditorium. A structure designed or intended for use as a concert, commencement or lecture hall to accommodate the gathering of people as an audience to experience music, lectures, plays and other presentations. Awning. A roof-like cover with no supports extending to the ground, constructed of fabric, metal, glass or other material, designed and intended for protection from the weather or as a decorative embellishment, and attached to the wall of a structure over a window, entryway or walkway. For Awnings that advertise a business, see Sign, Awning. Balcony. A platform which projects from the exterior wall of a structure, is exposed to the open air and remains unenclosed, is surrounded by a railing or balustrade, has direct access to the interior of the building, and is not supported by posts or columns extending to the ground. Bar. An establishment serving alcoholic beverages in which the principal business is the sale of such beverages for consumption on the premises. Snack foods or other prepared food may be available for consumption on the premises as an accessory use only. No retail sales of alcohol for consumption offpremises is permitted. A bar may include a micro-brewery on-site as an accessory use only. Basement. That portion of a building below the first story and having more than one-half () its height below grade. Bay Window. A window that projects outward from a structure that does not rest on the foundation or on the ground. Beach. The soft sand portion of land lying between the edge of a body of water and the first line of developed land, permanent terrestrial vegetation, or highwater line often used for recreational purposes. Bed and Breakfast. An owner-occupied residential structure, originally constructed as either a singlefamily or a two-family dwelling that has been converted to a single-family dwelling, which provides sleeping rooms for overnight paid occupancy of up to seven (7) nights. Common bathroom facilities may be provided rather than private baths for each room. A. Bed and Breakfast Family Home. Bed and breakfast accommodations limited to no more than two (2) sleeping rooms. B. Bed and Breakfast Guest Home. Bed and breakfast accommodations with three (3) to four (4) sleeping rooms. C. Bed and Breakfast Inn. Bed and breakfast accommodations with five (5) or more sleeping rooms.
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D. Bed and Breakfast Historic Home. Bed and breakfast accommodations with no more than nine (9) sleeping rooms and subject to approval by the Historic District Landmarks Commission. Historic home status will only be granted to structures that are at least three-thousand (3,000) square feet in gross floor area, a minimum of fifty (50) years old, and capable of being architecturally rated as green, blue, or purple. Bedline. The defining edge of a planting bed. Berm. A landscaped earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise or fulfill other such purposes. Billboard. A permanent sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other then the premises where the sign is located. A billboard is also called an outdoor general advertising sign. Bioretention. A process where contaminants and sedimentation are removed from stormwater runoff by collecting stormwater into a treatment area that consists of a grass buffer strip, sand bed, ponding area, organic layer or mulch layer, planting soil, and plants for exfiltration into the underlying soils. Bioswale. Landscape elements designed to remove silt and pollution from stormwater runoff, which consist of a swaled drainage course with gently sloped sides (less than six percent (6%) slope) and filled with vegetation, compost or riprap. Blockface. One (1) side of a given street between two (2) consecutive intersecting streets. (See Figure 26-2: Blockface) FIGURE 26-2: BLOCKFACE
Boathouse. A structure that provides storage for watercraft and may be used for transient residential use. Borrow Pit. An excavated hole in the ground from which sand, gravel, soil or similar material is extracted for use as fill on the same or adjacent lots on which the pit is located. Borrow pits do not include pits located in navigable waterways, pits used for foundations for buildings, private man-made lakes, and pits developed as swimming pools or similar accessory facilities. Breakwater. Offshore coastal defense structures built of stone parallel to the coastline that help absorb the energy of breaking waves.
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Breezeway. A roofed, open-sided passageway connecting two (2) or more structures, such as a residence and a detached garage. Brewery/Distillery. A facility for either the production and packaging of malt beverages of low alcoholic content for wholesale distribution, with a capacity of more than fifteen thousand (15,000) barrels per year, or for the distilling of liquors. Retail sales of alcohol from the brewery directly to the public is prohibited. Broadcast Studio. Commercial and public communications facilities, including radio, internet and television broadcasting and receiving stations and studios. Build-To Line. An alignment established a specified distance from the lot line to a line along which the building must be built. Buildable Area. The area of a lot where a structure may be built once the minimum yard and open space requirements of this Ordinance have been met. (See Figure 26-3: Buildable Area) FIGURE 26-3: BUILDABLE AREA
Building. A structure designed or built or used for the support, enclosure, shelter or protection of persons, animals or property. Building Line. A line measured at the building wall of a structure between parallel lot lines. For the purposes of establishing a building line, the building wall does not include permitted encroachments of architectural features, such as unenclosed porches, bay windows, steps and stoops. Building, Attached. A structure that has part of a wall in common with another building or is connected to another building by a roof. Building, Completely Enclosed. A building having no outside openings, other than doors, windows and ventilators. Building, Detached. A structure surrounded unattached to another structure on the same lot. A building connected to another building by an unenclosed structure, such as a breezeway, is considered a separate detached building.
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Building, Height. (See Figure 26-4: Building Height) A. The vertical distance as measured from grade to: 1. The highest point of the coping of a flat roof. 2. The deck line or highest point of coping or parapet of a mansard roof. 3. The mean height level between eaves and ridge for gable, hip, shed and gambrel roofs. When the highest wall of a structure with a shed roof is within thirty (30) feet of the public right-of-way, the height of the structure is measured to the highest point of coping or parapet. B. Building height calculations do not include the following appurtenances: 1. Belfries 2. Cablecasting towers and antennae less than one-hundred twenty-five (125) feet in height 3. Chimneys 4. Church steeples and similar architectural features 5. Commercial radio and television towers less than one-hundred twenty-five (125) feet in height 6. Conveyors 7. Cooling towers 8. Cupolas 9. Elevator bulkheads 10. Fire towers 11. Flagpoles 12. Microwave towers 13. Ornamental towers and spires 14. Public monuments 15. Public water towers 16. Public utility towers, poles and terminal facilities 17. Smoke stacks 18. Stage towers or scenery lofts 19. Water tanks
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FIGURE 26-4: BUILDING HEIGHT
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Bulkhead. A man-made retaining wall constructed along shorelines with the purpose of controlling erosion. Bulkhead Line. An official line established by ordinance of the City Council to limit the extent of bulkheads and similar structures. Bulletin Board. The changeable message board within a permanent sign. (See Figure 26-5: Bulletin Board) FIGURE 26-5: BULLETIN BOARD
Bus Terminal. Any premises designated specifically for the housing and/or parking of motordriven buses, and the loading and unloading of passengers, including charter buses. Cable Communications System. A system of antennas, cables, amplifiers, towers, microwave links, cablecasting studios, and other conductors, converters, equipment or facilities, designed and constructed for the primary purpose of distributing video programming to home subscribers. A secondary purpose includes producing, receiving, amplifying, storing, processing, or distributing audio, video, digital, or other forms of electronic or electrical signals. Caliper. The American Association of Nurserymen (AANS) standard for trunk measurement of nursery stock, as measured at six (6) inches above the ground for trees up to and including four (4) inch caliper size, and as measured at twelve (12) inches above the ground for larger sizes. Campground. An area to be used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar movable or temporary sleeping quarters of any kind for a maximum of fifteen (15) days. Canopy. A roof-like cover carried by a frame supported by the ground, constructed of fabric, metal, glass or other material, designed and intended for protection from the weather or as a decorative embellishment, and projects from the wall of a structure over an entryway. For Canopies that advertise a business, see Sign, Canopy. Car-Share Facility. A membership-based car-sharing service that provides automobile rental to members, billable by the hour or day. Car-sharing is not considered a motor vehicle rental establishment.
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Car Wash. A commercial establishment engaged in the washing and cleaning of passenger vehicles, recreational vehicles or other light duty vehicular equipment, whether automatic or by hand. Carnival/Circus. A traveling or transportable group or aggregation of rides, shows, exhibits, games and/or concessions. Carport. A canopy-like structure, open on at least two (2) sides, for the purpose of providing shelter for one (1) or more vehicles. Casino. A structure, a minimum of fifty-thousand (50,000) square feet of floor area, in which legal gaming is conducted. Cemetery. Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, and necessary sales and maintenance facilities. Mortuaries and chapels may be included when operated within the boundary of such cemetery. Check Cashing Establishment. An establishment, other than a state or federally chartered bank or financial institution (i.e., savings association, credit union), which provides the general public a check cashing service. As a primary element of its operation, the establishment charges either a flat fee for such service or a service fee based upon a percentage of the face value of the check to be cashed. Chimney. A vertical shaft of reinforced concrete, masonry or other material enclosing one (1) or more flues, originally designed for the purpose of removing products of combustion. Christmas Tree Sales Lot. A retail sales operation, generally conducted outdoors, that offers for sale on a temporary, limited basis, holiday-related items such as Christmas trees, wreaths and Christmas tree stands. Cistern. A permanent artificial reservoir built to catch and store rainwater, typically located underground but may be located aboveground. Colocation. Placement of wireless telecommunications antennas from more than one (1) service provider on a single tower or site. Columbarium. A structure for the storage of cinerary urns. Commercial Vehicle. A vehicle operated for the transportation of persons or property in the furtherance of a commercial enterprise. This definition does not include a commuter van, a vehicle used for ride-sharing or a recreational vehicle that is not being used commercially. Common Ownership. Ownership by the same person, corporation, firm, entity, partnership or unincorporated association, or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockholder, partner or associate owns an interest in each corporation, firm, partnership, entity or unincorporated association. Community Center. A facility used as a place of meeting, recreation or social activity, and not operated for profit, which is open to the public. Community Garden. An area of land managed and maintained by a group of individuals to grow and harvest food crops and/or non-food, ornamental crops, such as flowers, for personal or group use, consumption, donation, or sale on-site. Community gardens may be divided into separate plots for cultivation by one (1) or more individuals or may be farmed collectively by members of the group. Compost Pile. A collection of decaying plant product for the purpose of producing a stabilized humus-like material that is potentially beneficial to plant growth and usable as a soil conditioner, top soil, growing medium additive or other similar use.
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Composting Facility. A facility to process raw manure or other raw organic by-products into biologically stable organic material. Contiguous. See Abut. Contractor Storage Yard. Land or structures used primarily for the storage of equipment, vehicles, machinery or building materials of a contractor in the conduct of any building trade or building craft. Convent and Monastery. A building or group of buildings designed to provide group housing for persons of a religious order or community. This definition includes rectories. Convention Center. A facility designed and used for conventions, conferences, seminars, product displays, recreation activities and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premise consumption. Country Club. A public or private facility operated for social and outdoor recreation purposes with recreation facilities for members, their families and invited guests. A country club may include bars and restaurants. Critical Root Zone. The minimum area beneath a tree that must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The critical root zone is a circular area which has a radius of twelve (12) inches to every one (1) inch in diameter of trunk taken at four and one-half (4.5) feet above grade. Cultural Facility. A use that is open to the public and provides cultural services and facilities including, but not limited to, libraries, museums, aquariums, zoos, botanical gardens, and historical societies. A cultural facility may have accessory retail uses, that offers items related to the facility for sale, and accessory restaurants, which are only open during the hours of operation of the facility. A cultural facility may hold special events and receptions on-site, including events which take place after closing hours. Day. When used in this Ordinance, day is calculated as a calendar day, which is a continuous twenty-four (24) hour period from midnight to the following midnight. Calendar days are calculated on a continuous cycle including three-hundred sixty-five (365) days per year except in a leap year. Day Care Center, Adult. A facility where, for a portion of a twenty-four (24) hour day, functionallyimpaired adults that are not related to the owner or operator of the facility are supervised or participate in a training program. This excludes alcohol and drug abuse clientele, former inmates of prisons or correctional institutions or former patients of mental institutions who have been found not guilty by reason of insanity. An adult day care center does not include adult day care home. A. Day Care Center, Small: Up to twelve (12) adults B. Day Care Center, Large: Thirteen (13) to thirty (30) adults C. Day Care Center, Commercial: Thirty-one (31) or more adults Day Care Center, Child. A facility where care, supervision and guidance of children that are not related to the owner or operator of the facility is provided on a regular basis. A child day care center does not include a child day care home. A. Day Care Center, Small: Up to twelve (12) children B. Day Care Center, Large: Thirteen (13) to thirty (30) children C. Day Care Center, Commercial: Thirty-one (31) or more children
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Day Care Home, Adult. A residential dwelling where a permanent occupant of the dwelling provides care for elderly and/or functionally-impaired adults in a protective setting for less than twenty-four (24) hours per day. This excludes alcohol and drug abuse clientele, former inmates of prisons or correctional institutions or former patients of mental institutions who have been found not guilty by reason of insanity. A. Day Care Home, Small: Up to five (5) adults B. Day Care Center, Large: Six (6) or more adults Day Care Home, Child. A residential dwelling where a permanent occupant of the dwelling provides care for children from outside households in a protective setting for less than twenty-four (24) hours per day. The number counted includes the familys natural or adopted children and all other persons under the age of twelve (12). A child day care home does not include facilities that receive children from a single household. A. Day Care Home, Small: Up to five (5) children B. Day Care Center, Large: Six (6) or more children Deck. A raised platform built above grade on support structures, which is open to the sky and attached to the principal building. A deck is distinguished from a terrace in that a terrace is a raised surface constructed above grade built upon a solid base. Decks eighteen (18) inches above grade are considered part of the principal structure and not an accessory structure. Density. The number of dwelling units per acre. Design Vista. A scenic corridor, vista or scene which follows or extends from any publicly traveled pedestrian or vehicular transportation corridor, either publicly or privately owned, where it is possible to view certain elements or scenes such as buildings, trees, bodies of water and bridges, or groupings thereof that are easily recognizable and generally known as scenic locations within the City of New Orleans. Detention Basin. A man-made basin designed to protect against flooding by storing stormwater for a limited period of a time. For the purposes of this Ordinance, a detention basin includes an infiltration basic designed to direct stormwater to groundwater through permeable soils. Dog House. An accessory structure designed for the containment of dogs and similar animals. Dog Run. A fenced or enclosed outdoor area intended for the exercising and containment of dogs and similar animals. Dormitory. A structure used for living and sleeping accommodations related to an educational facility or other institutional use. Drive-Through Facility. A portion of a structure used to provide or dispense products or services through an attendant, window or automated machine, to persons remaining in motor vehicles in a designated stacking aisle. A drive-through facility is typically constructed in combination with other uses, such as a financial institution, retail goods establishment or restaurant. Driveway. A strip of land that provides vehicular access between the street and a legal parking space, carport or garage. Driving Range. An area equipped with distance markers, clubs, balls and tees for practicing the hitting of golf balls, which may include a snack-bar and pro-shop.
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Dwelling. A structure, or portion of a structure, designed or used exclusively for permanent residential purposes, including single-family, two-family, townhouse and multi-family dwellings, but not including trailers, hotels/motels, rooming houses or automobiles. Dwelling, Above the Ground Floor. Dwelling units that are within multi-story buildings located above non-residential uses on the ground floor or located behind non-residential uses on the ground floor. In the case of dwelling units located behind non-residential uses on the ground floor, non-residential uses must be located along the primary street frontage. Dwelling, Attached. A dwelling designed as a single structure, but containing more than one (1) dwelling unit, each of which is designed to be occupied as a separate permanent residence for one (1) household or family. Dwelling, Caretaker. A permanent residence for the owner or persons employed on a site for purposes of care and protection of persons, property, plants, animals, equipment or other circumstances on site or on contiguous lots under the same ownership. Dwelling, Detached. A structure containing a one (1) dwelling unit. Dwelling, Multi-Family. A dwelling designed for occupancy by three (3) or more families. A multi-family dwelling does not include a townhouse dwelling. Dwelling, Single-Family. A dwelling designed for occupancy by no more than one (1) family. Dwelling, Townhouse. A structure consisting of no less than three (3) dwelling units, with no other dwelling, or portion of other dwelling, directly above or below, where each unit has a separate entrance and direct ground level access to the outdoors. These units are connected to other dwelling units by a single party wall with no opening. A townhouse dwelling does not include a multi-family dwelling. A townhouse dwelling refers to the design of a structure and does not reflect the type of ownership of the individual units. Dwelling, Two-Family. A dwelling designed for occupancy by two (2) families. Dwelling Unit. A room, or group of rooms, occupied or intended to be occupied as separate living quarters by a family household. Easement. See Servitude. Eave. The projecting edges of a roof overhanging the wall of a structure. Educational Facility, Primary. A public, private or parochial school offering instruction at the elementary and/or junior high school levels. Places of worship with primary educational facilities are classified as primary educational facilities so long as both uses are located on the same lot, even if in separate buildings. Educational Facility, Secondary. A public, private or parochial school offering instruction at the senior high school level. Secondary educational facilities also include secondary theological schools for training ministers, priests or rabbis. Places of worship with secondary educational facilities are classified as secondary educational facilities so long as both uses are located on the same lot, even if in separate buildings. Educational Facility, University. A post-secondary institution for higher learning that grants associate or bachelor degrees. The institution may also have research facilities and/or professional schools that grant master and doctoral degrees. University educational facilities also include post-secondary theological schools for training ministers, priests or rabbis. University educational facilities do not include vocational educational facilities.
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Educational Facility, Vocational. A school that teaches industrial, clerical, computer, managerial, automotive, repair (electrical, plumbing, carpentry, etc.), commercial or artistic skills, or a school conducted as a commercial enterprise, such as a driving school or school for General Educational Development. This definition applies to privately operated schools that do not offer a complete educational curriculum. Vocational educational facilities do not include university educational facilities. EME/RF Study. A study of the amount of electromagnetic energy (EME) and radiofrequency (RF) emitted by a wireless telecommunications antenna. Emergency Homeless Shelter. A facility that provides temporary or transitional shelter for the homeless in general or for specific populations of the homeless. Employment Services. An business that provides employment services for temporary or transient employment of semi-skilled and unskilled workers, and typically operates as a labor pool where workers gather on-site for job placement. Encroachment. The extension or placement of any structure or component of a structure into a required yard or, when permitted by the City, into the public right-of-way. Erect. To build, construct, attach, hang, place, suspend or affix. Fairgrounds. An area of land used for exhibitions and shows including, but not limited to concerts, animal shows, carnivals, concerts and other outdoor recreational events. Fairgrounds may include dog and horse racetracks included as part of the fairground development. Unless otherwise restricted by this Ordinance, fairgrounds may serve alcohol as an accessory use but only when the fairgrounds are open to the public for an event. Fall Zone. The area within a prescribed radius around the base of a wireless telecommunications tower where there is a potential hazard from falling debris, such as ice, collapsing material or the collapse of the tower itself. Family. One (1) or more persons related by blood, marriage, adoption or guardianship living together and occupying a single housekeeping unit or a group of not more than four (4) unrelated persons occupying a single housekeeping unit This does not include convents, rectories, sororities, fraternities or similar uses. Family Violence Shelter. A program that provides comprehensive residential and/or non-residential services to victims of family violence. Farmers Market. The offering for sale of produce or processed, packaged or prepared food on preestablished dates in an open area or structure, subject to the procedures and regulations set forth in this Ordinance and the New Orleans City Code. The individual sellers need not be the same each time the market is in operation. Fence. An artificially constructed barrier of wood, masonry, stone, wire, metal or other combination of materials erected to enclose, screen or separate areas. Fence, Opaque. See Fence, Solid. Fence, Open. A fence, including any gates, designed and constructed so that the surface area of any segment of the fence is at least fifty percent (50%) open. Fence, Solid. A fence, including any gates, made entirely of opaque material.
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Filter Strip. A buffer strip of vegetation, generally narrow and long, that slows the rate of stormwater runoff, allowing sediments, organic matter and other pollutants to be removed by settling out into the underlying soils. Financial Institution. A bank, savings and loan, credit union or mortgage office. A financial institution does not include check cashing establishments or pay day or title loan establishments. Fishing Camp. Areas reserved for public or private fishing, and structures in support of those activities, excluding transient rentals. Fire Escape. A fireproof stairway, ladder or chute on the outside wall of a structure intended to help occupants escape from the structure in case of fire or other emergency. Flagpole. A freestanding structure or a structure attached to a building used for the sole purpose of displaying flags. Flea Market. An activity where two (2) or more booths, tables, platforms, racks or similar display areas are set up for the purpose of selling or buying merchandise. Such sales involve new or used items and crafts and may include the sale of fruits, vegetables and other edible items. The individual vendors each operate one (1) or more such booths under the supervision of the flea market proprietor, who rents or otherwise arranges for assigned space(s) for each vendor and monitors the activity to ensure that all applicable laws are complied with. The individual sellers need not be the same each time the market is in operation. Floor Area Ratio (FAR). The gross floor area of a structure on a lot divided by the area of the lot. Food Processing. A facility for the preparation, processing, canning or packaging of food products. Small food processing facilities may include areas for accessory retail sales or specialty restaurants of the products processed on site, but no alcohol is sold. Food processing does not include a brewery or winery. Footcandle. A unit of illumination equivalent to the illumination at all points that are one (1) foot distant from a uniform source of one (1) candlepower. Forest/Nature Preserve. Designated and managed open space that preserves natural features and protects wildlife and critical environmental features. A forest/nature preserve may include opportunities for passive recreation and environmental education. Fraternity/Sorority. A structure used by a chartered fraternal or sororal membership organization or association, used as a residence or a dining and recreational facility for members of organizations or associations who are students at a university, which permits the organization or association to use its facilities because of the relationship of such organization or association to the body of students enrolled in such institution. Fraternities/sororities must be incorporated under the laws of Louisiana as a non-profit corporation or registered with the Secretary of State of Louisiana. Freight Terminal. A facility for freight pick-up or distribution by rail, air, truck or shipping transport. Frontage. The property abutting on one (1) side of a street between two (2) intersecting streets. If the street dead-ends, then frontage is considered all the property abutting on one (1) side of the street and the point at which the street dead-ends. Gallery. A platform which projects from the exterior wall of a building, is exposed to the open air and remains unenclosed, has direct access to the interior of the building, is supported from the ground by columns or poles, and is surrounded by a parapet, railing or balustrade.
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Game. Any banking or percentage game located exclusively within an official gaming establishment that is played with cards, dice or any electronic, electrical or mechanical device or machine for money, property, or any thing of value. Game does not include lottery, bingo, charitable games, pull tabs, raffles, electronic video bingo, cable television bingo, dog race wagering, horse wagering, or any wagering on any type of sports event, inclusive but not limited to, football, basketball, baseball, hockey, boxing, tennis, wrestling, jai alai, or other sports contest or event. Gaming or Gambling. The dealing, operating, carrying on, conducting, maintaining or exposing for pay of any game. Gaming Boat. A vessel in which legal gaming is conducted that meets the following criteria: A. Carries a valid certificate of inspection issued by the United States Coast Guard with regard to the carriage of passengers on designated rivers or waterways within or contiguous to the boundaries of the state of Louisiana. B. Carries a valid Certificate of Inspection from the United States Coast Guard for the carriage of a minimum of six-hundred (600) passengers and crew. C. Has a minimum length of one-hundred and fifty (150) feet. D. Is of such type and design so as to replicate as nearly as practicable historic Louisiana riverborne th steamboat passenger vessels of the 19 Century era, and is paddlewheel driven. For purposes of this Ordinance, paddlewheel driven means that the riverboat has one (1) or more functional paddlewheels that substantially contribute to the overall propulsion of the riverboat. A riverboat is not required to be steam-propelled or maintain overnight facilities for its passengers. Gaming Device/Gaming Equipment. Any equipment or mechanical, electro-mechanical or electronic contrivance, component or machine, including an electronic gaming device, or a slot machine used directly or indirectly in connection with gaming or any game, which affects the result of a wager by determining win or loss. Gaming device/gaming equipment includes a system for processing information that can alter the normal criteria of random selection, which effects the operation of any game, or which determines the outcome of a game. Gaming device/gaming equipment does not include a system or device that affects a game solely by stopping its operation so that the outcome remains undetermined. Garage, Detached. A detached accessory structure designed or used for storage of motor vehicles. Gas Station. A business where flammable or combustible liquids or gases used as fuel for motor vehicles are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Gazebo. A freestanding outdoor structure that is open-sided and designed for recreational use and not for habitation. Golf Course. A tract of land laid out with at least nine (9) holes for playing a game of golf and improved with tees, greens, fairways and hazards. A golf course may include a clubhouse, restrooms and shelters as accessory uses. A driving range may be included as part of a golf course. Government Offices. Offices owned, operated or occupied by a governmental agency to provide a governmental service to the public. Grade. The required elevation of the ground at a building site as established by the Building Code of the City of New Orleans.
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Green Market. Any market located on private property which involves two (2) or more booths, tables, platforms, mobile units or similar displays where producers and/or growers sell fresh produce and/or value-added products direct to retail and wholesale customers at stalls or mobile units in an open air location. Individual vendors may operate one (1) or more booths, under the supervision of a green market proprietor, who rent or otherwise arrange for assigned space(s) for each vendor and see that all applicable laws are complied with. A green market does not include flea markets. A producer or grower is defined as any person offering for sale articles for human consumption, such as fruits or their juices, vegetables, seafood, edible grains, nuts and berries and value-added products or non-edible nursery items such as cut or potted flowers, which articles have been raised or prepared by the grower or producer, members of his family or persons in his employ. Permitted items for sale are limited to: A. Fresh produce is defined as fresh fruits and vegetables, edible grains, nuts and berries, and herbs. B. Nursery items and cut flowers are defined as plants and trees, fresh and dried flowers, and decorative vegetation grown or legally gathered by vendors themselves. C. Value-added products are defined as juices, honey, jams and jellies, dried fruits, salsa and baked goods. D. Seafood is defined as edible fish or shellfish caught locally. Green Roof. A roof of a structure covered or planted with vegetation and layers of soil to support the vegetation, to minimize negative impacts on the environment, reduce the amount of pollution, and improve the thermal efficiency of the roof to conserve energy and reduce energy costs. Greenhouse/Nursery. Retail business whose principal activity is the selling of plants grown on the site and may include outside storage, growing or display. Greywater. Wastewater generated from domestic activities such as laundry, dishwashing and bathing which can be recycled on-site for other uses. Groin (Groyne). A small jetty extending from a shore used to prevent erosion. Gross Floor Area. The sum of the gross horizontal areas of all floors of a structure, measured from the exterior faces of exterior walls or from the centerline of walls separating two (2) attached buildings. A. Gross floor area includes: 1. Basements that provide structural headroom of seven (7) feet or more. 2. Elevator shafts or stairwells at each floor. 3. Floor space used for mechanical equipment. 4. Floor space in penthouses. 5. Attics, whether or not a floor has been laid, providing structural headroom of seven (7) feet or more. 6. Floor space in interior balconies or interior mezzanines. 7. Floor space in accessory structures.
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8. Floor space in enclosed porches. 9. Any floor space used for residential use, no matter where such floor space is located within the structure. 10. For commercial uses, balconies and galleries, covered or uncovered patios, and commercial leased space. 11. For commercial uses, any outdoor space, whether covered or uncovered, which is used for seating, performance or similar activities. 12. Floor space within an enclosed structure. B. Gross floor area does not include: 1. Accessory water tanks or cooling towers. 2. Exterior balconies on residential uses. 3. Uncovered steps. 4. Basements and attics, whether or not an attic floor has been laid, providing structural headroom of less than seven (7) feet. 5. Floor space used for required accessory off-street parking spaces. 6. Galleries located in residential uses, through arcades and breezeways. Group Home. A group care facility in a residential dwelling, licensed by the state, for twenty-four (24) hour medical or non-medical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living, or for the protection of the individual. Group homes includes youth transitional residences, adult residential care facilities, emergency child shelters, and child residential care facilities licensed by the state. A. Small group homes: Up to six (6) residents B. Large group homes: Seven (7) to fifteen (15) residents C. Congregate group homes: Sixteen (16) or more residents Health Club. An establishment that provides health and fitness facilities such as running, jogging, aerobics, weight lifting, court sports and swimming, and may include accessory facilities such as locker rooms, showers, massage rooms, saunas and other related accessory uses. Heavy Sales, Rental and Service. Retail, rental and/or service establishments of a heavier commercial character typically requiring permanent outdoor service or storage areas or partially enclosed structures. Examples of heavy sales, rental and service establishments include large-scale home improvement centers with outdoor storage and display and rental components, lumberyards, truck rental establishments, sales, rental and repair of heavy equipment. Heliport. Land, water or structure used for the landing and take-off of helicopters, and having service facilities for such aircraft or providing for permanent basing of such aircraft. Helistop. Land, water or structure used for the landing and take-off of helicopters with no facilities for service or permanent basing of such aircraft.
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Home Occupation. Any occupation conducted within a residential dwelling and clearly incidental to the residential use, carried on by a resident of the premises. Horse Stables (Commercial). Any structure or land used, designed or arranged for the shelter, maintenance or rental of horses. Hospice. An autonomous, centrally administered, medically directed program providing a continuum of home, outpatient and homelike in-patient care for a terminally ill patient and family. It employs an interdisciplinary team to assist in providing palliative and supportive care to meet the special needs arising out of the physical, emotional, spiritual, social and economic stresses experienced during the final stages of illness and during dying and bereavement. Hospital. A structure or group of structures used for providing services for the inpatient medical or surgical care of the sick or injured, and which typically includes related facilities such as outpatient clinics, diagnostic and treatment facilities, central services and offices. A hospital may also include accessory uses such as retail goods establishments and restaurants, provided that such related facilities are incidental and subordinate to the main use and must be a part of the hospital structure. Hospitality Center. A facility where visitors can find information related to the City of New Orleans and its neighborhoods, and may include restrooms, seating areas and historical displays. Hotel/Motel. An establishment providing, for a fee, sleeping accommodations and customary lodging services. Related ancillary uses may include, but are not limited to, conference and meeting rooms, restaurants, sale of convenience items, bars and recreational facilities. Impervious Surface. A measure of intensity of land use that represents the portion of a site that is occupied by structures, pavement, and other impervious surfaces that do not allow for the absorption of water. Semi-pervious surface areas (e.g. permeable pavers) may be counted as impervious surface at a reduced rate based on the coefficient of permeability. Unroofed, unenclosed accessory structures, where water is allowed to drain to a pervious surface, such as decks constructed of wood slats, are not included in impervious surface calculations. Incinerator. Any enclosed device using controlled flame combustion, capable of withstanding heat, and designed to efficiently reduce solid, semisolid, liquid, or gaseous waste at specified rates and from which residue contains little or no combustible material, as defined in Louisiana Administrative Code (LAC). Incinerator, Nonindustrial (Type II-A). A facility used for processing residential or commercial solid waste. Incompatible Use. A use that is incapable of direct association with certain other uses in its immediate vicinity because it is contradictory, incongruous or discordant with surrounding uses, or will change the essential character of a neighborhood. Increase in Intensity. An increase in the concentration of activity on a property. In the case of nonconforming uses, any increase above and beyond the status quo is considered an increase in the intensity of use including an increase in gross floor area or number of dwelling units. Indoor Amusement Facilities. Spectator and participatory uses conducted within an enclosed building, such as movie theaters, bowling alleys, pool halls, arcades and indoor sporting exhibitions. Indoor amusement facilities do not include stadiums, arenas or live performance venues. Indoor amusement facilities may include accessory uses, such as snack bars or restaurants, for the use of patrons but do not serve alcohol. However, if a standard restaurant, live entertainment secondary use or bar is allowed within the zoning district, such uses may be included as part of the indoor amusement facility so long as separate approval is obtained for the standard restaurant, live entertainment secondary use or bar.
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Intensity. Concentration of activity on a lot and the extent to which a lot is developed in conformity with this Ordinance. Kennel. An establishment where animals owned by another person are temporarily boarded overnight for pay or remuneration of any sort. A kennel does not include pet day care center or animal hospital. Land Banking. Designating land on a site to be undeveloped but held and preserved for an identified future purpose, such as additional parking. Levee. A natural or artificial slope or wall used to regulate water levels. Light Trespass. The spilling of light, whether directly, indirectly or by glare onto a lot, parcel or public way other than the lot or parcel on which the light fixture is located. Lighting, Shielded. A fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. Lighting, Unshielded. A fixture that allows light, either directly from the lamp or indirectly from the fixture or a reflector, to be emitted above the horizontal plane running through the lowest point on the fixture where light is emitted. Live Entertainment Secondary Use. Any one (1) or more of any of the following live performances, performed live by one (1) or more persons, whether or not done for compensation and whether or not admission is charged: musical act, theatrical play or act, including stand-up comedy and magic, dance clubs, and disc jockey performances using vinyl records, compact discs, computers or digital music players. Live entertainment - secondary use must be part of a standard restaurant, indoor amusement facility or bar, and must be approved separately. A standard restaurant, indoor amusement facility or bar may be open to the public when no live performances are scheduled. Live entertainment - secondary use does not include: A. Any adult uses. B. Supper clubs, periodic entertainment by educational facilities or places of worship, performances at cultural facilities, performances at reception facilities, performances at weddings and similar religious events, the playing of recorded music over speakers without a disc jockey, poetry readings, or non-amplified musical accompaniment for patrons at a restaurant. Live Performance Venue. A facility for the presentation of live performances, including musical acts, theatrical plays or acts, including stand-up comedy and magic, dance clubs, and disc jockey performances using vinyl records, compact discs, computers or digital music players. A live performance venue is only open to the public when a live performance is scheduled. Unless otherwise restricted by this Ordinance, a live performance venue may serve alcohol as an accessory use but only when the venue is open to the public for the live performance. A live performance venue does not include any adult uses. Loading Space. A space within a principal building or on the same lot as a principal building, providing for the standing, loading or unloading of trucks. Logo. A business trademark or symbol. Lot. A parcel of land having its principal frontage upon a public right-of-way occupied by a principal building and any accessory structures, together with open space and parking areas. Lot Area. The computed area contained with the lot lines.
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Lot, Corner. A lot that abuts two (2) or more streets at their intersection. (See Figure 26-6: Corner and Interior Lots) FIGURE 26-6: CORNER AND INTERIOR LOTS
Lot Coverage. The area of the lot covered by a structure. Lot, Depth. The average horizontal distance between the front and rear lot lines. Lot, Through. A lot having a frontage on two (2) approximately parallel streets. Lot, Interior. A lot other than a corner lot. (See Figure 26-6) Lot, Key. A lot shaped and designed that the principal building area is set back from the public right-ofway on which it fronts, and includes a narrow access corridor connecting the main building area with the public right-of-way. For a key lot, the lot width dimension is measured at the widest dimension of the lot and yard dimensions are calculated from that point of the lot. (See Figure 26-7: Key Lot) FIGURE 26-7: KEY LOT
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Lot Lines. The property lines bounding a lot. (See Figure 26-8: Lot Lines) FIGURE 26-8: LOT LINES
Lot Line, Corner Side. The boundary of a lot that abuts a street. For the purposes of this Ordinance, the corner side lot line of a corner lot is the longer boundary line of the lot that abuts a street. (See Figure 26-8) Lot Line, Front. The boundary line of a lot that abuts a street. For the purposes of this Ordinance, the front lot line of a corner lot is the shorter boundary line of the lot that abuts a street. (See Figure 26-8) Lot Line, Interior Side. The boundary line of a lot that does not abut a street or alley. (See Figure 26-8) Lot Line, Rear. The boundary line of a lot that is most distant from and is, or is approximately, parallel to the front lot line. (See Figure 26-8) Lot Line, Side. The boundary line of a lot that is not a front lot line or a rear lot line. A side lot line may be an interior side lot line or a corner side lot line (See Figure 26-8) Lot Width. The average horizontal distance between side lot lines measured at the required front yard and parallel to the front property line, or measured at the front property line if no front yard is required. For cul-de-sac lots or pie-shaped lots, lot width is measured at the front building line of the structure between side lot lines. (See Figure 26-9: Lot Width) FIGURE 26-9: LOT WIDTH
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Luminaire. A lighting unit extending from a support structure, parallel to the ground, consisting of a light source and all necessary mechanical, electrical and decorative parts. A luminaire does not include a pole or other support. Marquee. A permanent roof-like structure constructed of durable material extending from the wall of a structure with no supports extending to the ground. (See Figure 26-10: Marquee) FIGURE 26-10: MARQUEE
Manufacturing, Artisan. A manufacturing establishment for artisan-related crafts which are more intensive uses, such as small-scale metalworking, glassblowing, furniture making, pottery, leathercraft, hand-woven articles, and related items. Manufacturing, Heavy. The manufacturing or compounding of raw materials, which may include the storage of large volumes of finished and raw materials that are highly flammable, toxic or explosive. This manufacturing may involve outdoor operations as part of their manufacturing process. Typical heavy industrial uses include, but are not limited to: concrete batch plants, concrete, tile or brick manufacturing, motor vehicle and tire assembly, chemical processing, metal casting or foundries, gas manufacturing, grain milling or processing, refining, smelting or alloying, and petroleum or petroleum products. Heavy manufacturing processes ordinarily have greater than average impacts on the environment or significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, vibration, glare or health and safety hazards. Manufacturing, Light. The manufacturing from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare and vibration resulting from the industrial activity are confined entirely within the building.
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Manufacturing, Maritime-Dependent. Industrial uses with maritime dependent facilities that include, but are not limited to: facilities associated with marine terminals for the storage of goods transported in waterborne commerce, manufacturing facilities relying on the bulk receipt of shipments of goods by waterborne commerce, wharves, piers, docks and storage facilities for the commercial fishing industry, dry docks and other facilities related to the construction, servicing, storage, maintenance, or repair of vessels and other marine structures, facilities for tow boats, barges, dredges, ferries, commuter boats, water buses, water taxis or other vessels engaged in waterborne commerce, port operations or marine construction, and manufacturing that requires large quantities of water drained from or into rivers or lakes. Marina, Commercial. A place for docking or storage of commercial boats and/or providing services for them, limited to minor repairs to boats while in the water for a maximum thirty (30) day period, and the sale of fuel, ice, food and beverages. No lodging for the occupants, other than the manager or owner of the commercial marina or entertainment, are permitted as accessory to the marina. Vehicular access to the site is limited to automobiles, pick-up trucks and vans with a maximum load capacity of one (1) ton. The sale or processing of seafood at the marina site is expressly prohibited with the exception of bait that may be sold by the operator. The marina must be kept free of noxious odors at all times. Repair facilities for repairs of boats when out of the water are prohibited. Marina, Recreational. A place for docking or storage of pleasure boats or providing services to pleasure boats and the occupants thereof, including minor servicing and repair to boats while in the water, sale of fuel and supplies, or provision of lodging, food, beverages and entertainment as accessory uses. A yacht club is considered a recreational marina. A hotel/motel, or similar use where docking of boats and provision of services thereto is incidental to other activities, is not considered a recreational marina. Boat docks accessory to a multi-family dwelling where no boat-related services are rendered are not considered a recreational marina, but an accessory use to the multi-family dwelling. Marine Terminal. A facility, including docks, piers, wharves and storage sheds used for waterborne commodities, and rail and truck facilities servicing or related to a marine terminal. Medical/Dental Clinic. A facility operated by one (1) or more physicians, dentists, chiropractors, psychiatrists, physiotherapists or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. Medical clinics also include alternative medicine clinics, such as acupuncture and holistic therapies, and physical therapy offices for physical rehabilitation. Memorial Plaque. A sign, tablet or plaque memorializing a person, event, structure or site. Mini-Warehouse. A structure that rents individual compartments for the purpose of storing personal property. Mining and Drilling Activities. Any pursuit or occupation associated with an area of land where operations are conducted to extract valuable mineral deposits, petroleum or other materials. Motor Vehicle. A self-propelled wheeled vehicle designed for transportation of persons or goods along public streets. Motor Vehicle Dealership. An establishment that sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, boats or motorcycles, or other similar motorized transportation vehicles. A motor vehicle dealership may maintain an inventory of the vehicles for sale or lease either on-site or at a nearby location, and may provide on-site facilities for the repair and service of the vehicles sold or leased by the dealership. Motor Vehicle Operations Facility. A privately-owned facility for the dispatch, storage and maintenance of emergency medical care vehicles, taxicabs and other livery vehicles. A motor vehicle operations facility does not include facilities where the vehicles of the fire, police or other municipal departments are dispatched, stored and/or maintained, which are considered either public safety or pubic works facilities.
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Motor Vehicle Rental Establishment. Rental of passenger vehicles, vans and light trucks, including incidental parking and servicing of rental vehicles. Car sharing services included as part of a parking lot or structure are not considered motor vehicle rental establishments. Motor Vehicle Service and Repair, Major. A business involved in engine rebuilding, major reconditioning of worn or damaged motor vehicles or trailers, towing and collision service, including body, frame or fender straightening or repair, and painting of motor vehicles. Motor Vehicle Service and Repair, Minor. A business that includes, but is not limited to, minor repairs to motor vehicles, including repair or replacement of cooling, electrical, fuel and exhaust systems, brake adjustments, relining and repairs, wheel servicing, alignment and balancing, repair and replacement of shock absorbers, and replacement or adjustment of mufflers and tail pipes, hoses, belts, light bulbs, fuses, windshield wipers/wiper blades, grease retainers, wheel bearings, and the like. Movie Studio. All uses related to the production of motion pictures and film, including stages, exterior sets, laboratories, construction, repair and storage facilities, caretaker and temporary housing, all vehicles used to transport this equipment and other related commercial vehicles, and accessory fabrication activities. MPE. MPE stands for Maximum Permissible Exposure to radiofrequencies. This standard, calculated by the Federal Communications Commission, is the safe level of exposure of persons to radiofrequencies, such as those emitted by wireless telecommunications antennas. Mural. A work of art painted or otherwise applied to or affixed to an exterior wall surface that does not include any on- or off-premise commercial advertising. Nameplate. A sign that identifies the individual or company who owns or works within a structure. Neighborhood Commercial Establishment. A commercial use within a residential neighborhood that is non-residential in its construction and original use. Nonconforming Lot. A lot that does not meet the zoning district requirements for lot area, lot width or lot depth of this Ordinance. Nonconforming Structure. A structure that does not meet the bulk, yard or parking requirements of this Ordinance. Nonconforming Use. A use that does not meet the use requirements of this Ordinance. Off-Street Parking. The storage space for a motor vehicleon a lot and not including parking spaces on streets, alleys or rights-of way. Off-Track Betting Facility. An establishment that accepts wagers on horse and dog races away from a racetrack. Office. A use that engages in the processing, manipulation or application of business information or professional expertise. An office may or may not offer services to the public and is not materially involved in fabricating, assembling or warehousing of physical products for the retail or wholesale market, nor engaged in the repair of products or retail services. It is characteristic of an office use that retail or wholesale goods are not shown on the premises to a customer. Examples include, but are not limited to, professional offices for non-profit organizations, advertising, accounting, investment services, insurance, contracting, architecture, planning, engineering, legal services and real estate services. An office does not include government offices, which are a separate use. On-Street Parking. The storage space for a motor vehicle that is located on the street right-of-way.
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Open Space. Those areas of a lot open and unobstructed from grade level upward, unless otherwise permitted by this Ordinance. For townhouse and multi-family dwellings that are required to provide open space for each dwelling unit, open space may include areas on decks, balconies, porches and roofs that are accessible and usable by occupants. Open Space Ratio. The open space on the lot divided by the floor area of any structures on the lot. Outdoor Amphitheater. An outdoor structure that accommodates an audience for concerts, public speaking or other live entertainment, which is open to the general public, with or without an admission charge. An outdoor amphitheater includes band shell structures. Outdoor Amusement Facility. Participatory and spectator uses conducted outdoors, which may include partially enclosed facilities. Typical uses include, but are not limited to, miniature golf courses, batting cages, archery ranges, outdoor racetracks, theme parks and amusement parks. An outdoor amusement facility includes accessory uses, such as food stands, snack bars or restaurants for the use of patrons, but do not serve alcohol. Outdoor Fireplace. A self-contained, manufactured noncombustible cooking unit provided with a tightfitting screen or lid and supported off the ground by non-combustible legs. Outdoor Sales and Display. Part of a lot used for outdoor sales or display of goods accessory to the principal use. Outdoor Storage. The keeping of goods, material, merchandise or equipment outside of an enclosed building. An item is deemed to be in storage if it is being maintained or repaired on a premises. Outdoor Storage Yard. The storage of material as a principal use of the lot for more than twenty-four (24) hours, including items for sale, lease, processing and repair not in an enclosed building. Items stored within an outdoor storage yard must be owned, consigned or leased by the owner of the storage yard. Outlot. Within a shopping center development, a lot located on the perimeter of the development site maintained as open space or developed separately from the shopping center development. Parapet Wall. That portion of a wall which extends above the roof line. (See Figure 26-11: Parapet Wall) FIGURE 26-11: PARAPET WALL
Parking Lot. An open, hard-surfaced area, other than a street or public way, used for the storage of operable passenger motor vehicles for limited periods of time. Parking may be available for residents, visitors, employees, clients, customers or similar users whether for compensation or at no charge.
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Parking Structure. A structure composed of one (1) or more levels or floors used for the parking or storage of motor vehicles. Parks and Playgrounds. A non-commercial, not-for-profit facility designed to serve the recreation needs of the residents of the community. Parks and playgrounds include, but are not limited to, ballfields, football fields, soccer fields, basketball courts, tennis courts, dog parks, skateboard parks, playgrounds and park district field houses, which may have indoor recreation facilities. Party Wall. A wall starting from the foundation and extending continuously through all stories to or above the roof, that separates one (1) structure from another, but is in joint use by each structure. Passenger Terminal. A facility or location where the principal use is handling, receiving and transferring passenger trafficfor aircraft, rail, buses and watercraft. Passive Recreation. Recreational activities that generally do not require a specially developed open space sites. This includes, but is not limited to, activities such as hiking, running trails, playgrounds and picnicking. Patio. A surface at finished grade designed and intended for recreational use by people and not used as a parking space. A patio is distinguished from a deck or terrace in that a deck or terrace is a raised surface constructed above grade. Pawn Shop. An establishment that lends money on the deposit or pledge of physically delivered personal property, and who may also purchase such property on the condition of selling it back again at a stipulated price. A pawn shop includes establishments that buy personal property, such as jewelry or artwork, made of gold or other valuable metals for refining. Consignment shops and antique shops are not considered pawn shops. Payday or Title Loan Agency. An establishment providing loans to individuals in exchange for receiving personal checks or titles to the borrowers motor vehicles as collateral. Penthouse. An enclosed structure above the roof of a building, other than a roof structure or bulkhead. A penthouse may be used only for the shelter of mechanical equipment or vertical shaft openings in the roof. For the purposes of this Ordinance, penthouse does not include residential dwelling units. Performance Standards. Criteria used to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, glare or heat generated by or inherent to use of land or structures. Pergola. A shaded walk or passageway of columns that support crossbeams and a sturdy open lattice to support vines or climbing plants. (See Figure 26-12: Pergola) FIGURE 26-12: PERGOLA
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Permeable Paver. Paving surfaces that let a portion or all rainwater pass into the ground. Personal Service Establishment. An establishment or place of business primarily engaged in the provision of frequent or recurrent services of a personal nature. Typical uses include, but are not limited to, beauty salons and spas, barbershops, tanning salons, massage establishments, commercial copy shops, animal grooming, shoe repair, personal item repair shops, laundromats, dry cleaners and tailors. Personal service establishments do not include any adult uses. Pet Day Care Service. An establishment where pet animals owned by another person are boarded for the day (no overnight boarding), and services such as grooming, dogwalking and pet training are offered. A pet day care service may include accessory retail sales on the site. Pier. Any fixed or floating structure for securing vessels, loading or unloading persons or property projecting form a lot or parcel in private ownership or which may be accessed by the public. Piling (Water-Related). A post driven into the water's bottom and supporting a structure such as a pier, wharf, jetty, dock or float. Place of Worship. A structure, together with its accessory structures and uses, where persons regularly assemble for religious purposes, religious instruction and related social events, which is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. A place of worship may include group housing for persons under religious vows or orders. Places of worship may also include day care centers. Porch. A structure, which can be enclosed or unenclosed, that projects from the exterior wall of a structure, has direct access to the street level of the structure, and is covered by a roof or eaves. An unenclosed porch is a porch that is open on all sides. An enclosed porch is a porch that is enclosed by walls, screens, lattice or other material. A screened-in porch is considered an enclosed porch. Porous Paving System. A paving system that allows water to pass through the spaces between the pavers and voids in the underlying aggregate base courses. Principal Building. A building or buildings where the principal use of the lot is conducted. Principal Use. The main or primary purpose for which a structure or lot is designed, arranged or intended. Printing Establishment. A large-scale facility for the custom reproduction of written or graphic materials on a custom order basis. Typical processes include, but are not limited to, offset printing, photocopying, blueprint printing and copying, and binding. Printing establishments do not include a commercial copy shop, where services such as photocopying, binding, and access to computers and facsimile sending and receiving are provided. A commercial copy shop is considered a personal service establishment. Prison. A facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Private Recreation (Indoor or Outdoor). Indoor or outdoor recreation facilities located within a residential development that is limited to use by residents and their guests. Property Line. The lines forming the boundary of a lot, determined by metes and bounds, whether those lines are for single lots or combination of lots. Public Fishing. Waterfront areas accessible to the public for fishing. Public Monument. A building, pillar or similar structure erected either by a public agency or controlled by a public agency in memory of the dead, a person or event.
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Public Use Floor Area. The total gross floor area accessible to the public, including seating areas in restaurants, public waiting areas, and offices that the public can access. Public use floor area excludes areas such as private offices, locker rooms, storage rooms and similar functions that are accessible only to employees. Public Works and Safety Facility. Facilities operated by: 1) public safety agencies, including fire stations, and police and sheriff substations and headquarters, including the dispatching, storage and maintenance of police and fire vehicles; or 2) public works facilities of the City or parish for municipal repair, storage or production facilities, including the dispatching, storage and maintenance of municipal vehicles. A public works and safety facility includes any accessory office or meeting rooms. Pumping Station. Facilities including pumps and equipment for pumping fluids from one place to another, typically to remove water that has found its way into low-lying areas as a result of leakage or flooding. Pumpkin Patch. A retail sales operation, generally conducted wholly outdoors, that offers for sale on a temporary, limited basis, pumpkins and holiday-related items. Racetrack. A measured course where animals or machines are entered in competition against one another or against time, including tracks used only in the training of animals. Rain Barrel. A tank used to collect and maintain harvested rain, typically from the roof via rain gutters, that is not permanently attached to the ground and can be moved to different locations on the lot. Rain Garden. A planted depression that allows stormwater runoff to be absorbed into the ground. Rated Capacity. The number of people a piece of property has the physical capacity to hold, as rated by the builder or appropriate governmental agency. Reception Facility. An establishment that functions as a hosting and rental facility or banquet hall for private events including, but not limited to, wedding receptions, holiday parties and fundraisers, with food and beverages that are prepared and served on site or by a caterer to invited guests during intermittent dates and hours of operation. A reception facility is not operated as any kind of restaurant, or bar with regular hours of operation. Live entertainment, excluding adult uses, may be included as an accessory use of the private event and is not subject to a separate approval. Any business establishment operating as a designated reception facility is not considered casual, temporary or illegal due to the nature of the business operating intermittently for scheduled events with food and beverage service at the request of clients. Events scheduled by non-owners and/or operators must be held a minimum of fifteen (15) times per year to uphold a legal operating status as a reception facility. Recreational Vehicle. A vehicle, or similar means of human transportation, used primarily for recreational purposes. Recreational vehicles include, but are not limited to, boats and rafts, camper trailers designed to be used as a temporary dwelling for travel or recreational use, motor homes, pickup coaches designed primarily to be mounted on a pickup or truck chassis and suitable for use as a temporary dwelling for travel, recreational or vacation uses, and jet skis and other personal watercraft. Recreational Vehicle (RV) Park. Any lot or parcel of land used or intended to be used for the accommodation of two (2) or more recreational vehicles for transient dwelling purposes for a maximum of fifteen (15) days. Real Estate Model Unit. A residential unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental in a residential development. Model units may also incorporate sales or rental offices for dwellings within the development.
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Research and Development (R&D). An establishment where research and development is conducted in industries that include, but are not limited to, biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. Research and development does not involve the bulk manufacture, fabrication, processing or sale of products. Residential Care Facility for the Elderly. A group care facility licensed by the state for twenty-four (24) hour medical or non-medical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living, or for the protection of the individual. A residential care facility for the elderly includes nursing homes, independent living, assisted living, and continuum of care facilities. While generally restricted to elderly residents, residential care facilities for the elderly may include younger residents in need of personal services, supervision or assistance essential for sustaining the activities of daily living. Restaurant, Carry-Out. A structure which is maintained, operated, or advertised or held out to the public as a place where food, beverage or desserts are served in disposable containers or wrappers from a serving counter for consumption off the premises. Carry-out restaurants may not offer alcoholic beverages for sale. Restaurant, Fast-Food. A restaurant, which may be part of a chain of fast food outlets, whose design or principal method of operation includes three (3) or more of the following characteristics: 1) a permanent menu board is provided from which to select and order food; 2) standardized floor plans, architecture and/or sign design are used over several locations; 3) customers pay for food before consuming it; 4) a self-service condiment bar is provided; 5) trash receptacles are provided for self-service bussing; 6) furnishing plan indicates hard-finished, stationary seating arrangements; 7) drive-through service is offered; and 8) most main course food items are prepackaged rather than made to order. Fast food restaurants may not offer alcoholic beverages for sale. Restaurant, Specialty. Establishments whose primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal (e.g., candy, coffee, or ice cream). The sale of other food, beverages or merchandise is incidental to the sale of the specialty food or beverage. Specialty restaurants may not offer alcoholic beverages for sale. Restaurant, Standard. An establishment where food and/or beverages are prepared, served and consumed, and whose principal method of operation includes providing customers with an individual menu and serving food and beverages by a restaurant employee at the same table or counter where the items are consumed. Standard restaurants may offer alcoholic beverages for sale as incidental to food and non-alcoholic beverage service. Food service must constitute at least fifty percent (50%) or more of the revenue for said establishment. A supper club is not considered a standard restaurant. Retail Goods Establishment. A business that provides physical goods, products or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. A retail goods establishment does not include any adult uses. A retail goods establishment may not sell alcohol unless retail sales of alcohol is allowed within the district and a separate approval is obtained for such use. A retail goods establishment that sells food products, such as a delicatessen, bakery or grocery, may offer incidental seating areas for consumption of food on the premises. Retail Sales of Alcoholic Beverages. Retail sales of alcoholic beverages for consumption off-premises, when licensed by the City. Sale of alcohol must be in factory original containers.
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Rooming House. A structure containing sleeping rooms where lodging or lodging and meals are provided for five (5) or more unrelated persons but containing less than fifteen (15) sleeping rooms. The sleeping rooms generally do not have private bathrooms or kitchens attached thereto. In a residential zoning district, the minimum length of stay in a rooming house is thirty (30) days. A rooming house with more than fifteen (15) sleeping rooms is considered a guest house. Satellite Dish Antenna. A dish antenna designed for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication or other signals from other antennas, satellites or other services. Seaplane Base. Landing area for seaplanes. Senior Housing Set-Aside. A recorded restriction that requires a certain percentage of dwellings within a development to be rented or owned by persons who are fifty-five (55) years of age or older or, if two (2) persons occupy a unit, at least one (1) person must be fifty-five (55) years or older. Housing set aside for seniors must be designed as ADA accessible units. Separation/Recovery Facility. A solid waste facility at which recyclables are separated from the solid waste stream for future use through the removal of solid waste matter that still has useful physical or chemical properties. These materials are then reused or recycled for the same or other purposes, including uses as energy sources, as defined in the Louisiana Administrative Code and the Louisiana Department of Environmental Quality guidelines. Servitude. An interest in land that provides for a specified use of that land by a person other than the fee owner. Shade Tree. A deciduous tree planted primarily for its high crown of foliage or overhead canopy. A large shade tree is over forty (40) feet in height. Medium shade trees are between twenty-five (25) and forty (40) feet in height. Small shade trees reach up to twenty-five (25) feet in height. Shipyard. Any facility or area used for the manufacture, assembly or repair of ships, barges or boats. Shopping Center. A group of retail and other commercial establishments that is planned, owned and managed as a single property. The centers size and orientation are generally determined by the market characteristics of the trade area served by the center. The two (2) main configurations of shopping centers are malls and strip centers. See Strip Center Development below. Sign. Any structure, display, device or inscription which is located upon, attached to, or painted or represented on any land, structure, on the outside or inside of a window, or on an awning, canopy, marquee or similar structure, and which displays or includes any numeral, letter work, model, banner, emblem, insignia, symbol, device, light, trademark or other representation used as, or in the nature of, an announcement, advertisement, attention-arrester, direction, warning or designation of any person, firm, group, organization, place, community, product, service, business, profession, enterprise or industry.
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Sign, A-Frame. An advertising device, ordinarily in the shape of an A or some variation, located on the ground, not permanently attached and easily movable. (See Figure 26-13: A-Frame Sign) FIGURE 26-13: A-FRAME SIGN
Sign, Animated. A sign that uses movement or change of lighting to depict action or to create a special effect or scene. Sign, Attached. A sign attached to a structure. Sign, Awning. A sign painted on or attached to the surface of an awning. (See Figure 26-14: Awning Sign) FIGURE 26-14: AWNING SIGN
Sign, Balloon. One (1) or more inflated balloons used as a sign.
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Sign, Banner. Any sign printed or displayed upon cloth, plastic or other flexible material with or without frames. (See Figure 26-15: Awning Sign) FIGURE 26-15: BANNER
Sign, Canopy. A sign mounted on, printed on or attached to a canopy. (See Figure 26-16: Canopy Sign) FIGURE 26-16: CANOPY SIGN
Sign, Category. A sign that identifies the name or address of the business and may include the category of business. Sign, Construction. A sign that identifies the name of principal contractors, architects and lending institutions responsible for construction on the site limited in display to the duration of construction. Sign, Detached. A sign that is attached to a self-supporting structure and not attached to a building. Sign, Directional. A sign that identifies parking lot entrances and exits, restrooms, public telephones, walkways and features of a similar nature.
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Sign, Directory. A sign that serves as common or collective classification for a group of businesses operating within a multi-tenant structure. The sign may name the businesses and location information for a business within the structure, but carry no other advertising matter. Sign, Electronic Display Screen. A sign, or portion of a sign, that displays an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, flat screens, LED screens, video boards, and holographic displays. Sign, Electronic Message. Any sign, or portion of a sign, that uses changing lights to form a sign message or messages in text form where the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. Time/temperature signs are not considered electronic message signs. Sign Face. That particular area of the sign structure upon which a message, copy or advertisement is displayed for viewing. Sign, Flashing. An illuminated sign on which the artificial or reflected light is not stationary or constant in intensity or color when in use and gives the impression of flashing or blinking. Rotating signs are not flashing signs. Sign, Freestanding. A sign that is attached to a self-supporting structure. A freestanding sign may be a pole or monument sign. See Sign, Freestanding Monument and Sign, Freestanding Pole. Sign, Freestanding Monument. Any sign, other than a freestanding pole sign, placed upon or supported by the ground independently of any other structure. The sign base of a monument sign must be a minimum of seventy-five percent (75%) of the width of the sign face situated upon the base. (See Figure 26-17: Monument Sign) FIGURE 26-17: MONUMENT SIGN
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Sign, Freestanding Pole. A sign erected and maintained on one (1) or multiple freestanding masts or poles and not attached to any structure. (See Figure 26-18: Pole Sign) FIGURE 26-18: POLE SIGN
Sign, Identification. A sign containing only the name and address of the structure or development Sign, Inventory. A sign that identifies the products, services and/or prices of the business. Sign, Marquee. Any sign attached to or hung from a marquee. Sign, Menu Board. Signs located adjacent to a drive-through lane that identifies food and beverages offered for sale at the restaurant and associated prices and specials. (See Figure 26-19: Menu Board Sign) FIGURE 26-19: MENU BOARD SIGN
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Sign, Moving. A sign which, in whole or in part, rotates, elevates or in any way alters position or geometry. Moving signs do not include clocks. Sign, Municipal. A sign erected and maintained pursuant to, and in discharge of, any municipal functions or as required by law including, but not limited to, speed limit signs, stop signs, City limit signs, street name signs, historic or government site identification signs, and public directional signs. Sign, Nonconforming. A sign lawfully erected prior to the adoption of this Ordinance that does not conform to the requirements of this Ordinance. Sign, Occupational. A sign indicating the name and profession of an occupant of the lot or structure. Sign, Parking Area Identification. A sign that identifies a parking lot. Sign, Parking Lot Directional. A sign within a parking lot that identifies entrances and exits. Sign, Permanent. A sign attached to a structure or the ground which is made of materials intended for long-term use. Sign Permit Identification Plate. That portion of the signs face that identifies the permit number(s) assigned to it by the City and, where applicable, the state. Sign, Political or Non-Commercial. A sign advocating action on a public issue, recommending a candidate for public office, or advocating a position. Sign, Projecting. A sign attached to and projecting more than eighteen (18) inches from the face of a wall or building, but does not project above the parapet or eave line of the building. Projecting signs are also called blade signs. (See Figure 26-20: Projecting Sign) FIGURE 26-20: PROJECTING SIGN
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Sign, Portable. A sign whose principal supporting structure is intended, by design and construction, to be used by resting upon the ground for support and may be easily moved or relocated. Portable signs include, but are not limited to, signs mounted upon a trailer, wheeled carrier or other non-motorized mobile structure, with wheels or with wheels removed. Sign, Real Estate. A temporary sign that relates to the sale, lease or rental of property or buildings. Sign, Residential Identification. A sign that identifies the name and address of a multi-family dwelling or residential subdivision. Sign, Roof. A sign above the roof of a building which is fastened to and supported by the roof of a structure. Sign, Rotating. A sign where the sign face or faces slowly revolve (limited to no more than twenty (20) revolutions per minute). Any light source must remain constant. Sign Support Structure. Any structure that supports, or is capable of supporting, a sign, including decorative cover. Sign, Temporary Off-Premise. A temporary sign that directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located. Sign, Under-Awning or Under-Gallery. A sign attached to and mounted under an awning or gallery. (See Figure 26-21: Under-Awning or Gallery Sign) FIGURE 26-21: UNDER-AWNING OR GALLERY SIGN
Sign, Wall. A sign mounted flat against a wall of a structure with the exposed face of the sign in a plane parallel to the face of the wall and projecting no more than eighteen (18) inches from the wall. A wall sign may also be painted on a wall or structure. A wall sign does not include window signs. (See Figure 26-22: Wall Sign)
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FIGURE 26-22: WALL SIGN
Sign, Window. A sign attached to, placed upon, or printed on the interior or exterior of a window of a door or structure, or mounted within twelve (12) inches of the window intended for viewing from the exterior of such a building. A window sign may be either permanent or temporary. (See Figure 26-23: Window Sign) FIGURE 26-23: WINDOW SIGN
Sno-ball. Shaved ice flavored with a syrup and may contain a variety of toppings. Sno-Ball Stand. A place where sno-balls are made and sold. A sno-ball stand may also sell additional food and beverage items, such as ice cream, hot dogs, nachos and non-alcoholic beverages. Social Club or Lodge. Structures operated by an organization or association for some common purpose, such as, but not limited to, a fraternal, social, educational or recreational purpose or a union hall, but not including clubs organized primarily for profit or to render a service which is customarily carried on as a business. Such organizations and associations must be incorporated under the laws of Louisiana as a nonprofit corporation or registered with the Secretary of State of Louisiana. Fraternities/sororities are not considered social clubs or lodges.
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Solar Farm. A facility where photovoltaic cells and generators are used to generate and produce electric power. Solar Panel. A device that collects and converts sunlight as a source of energy for purposes such as heating or cooling a structure, heating or pumping water, or generating electricity. Stacking Space. A queuing space specifically designated as a waiting area for vehicles patronizing a drive-in business. Stadium. A commercial structure with tiers of seats rising around a field or court, intended to be used primarily for the viewing of athletic events, typically designated for one sport and/or sporting team. Sports arena may also be used for secondary entertainment and other public gathering purposes, such as conventions, circuses or concerts. Unless otherwise restricted by this Ordinance, a stadium may serve alcohol as an accessory use but only when the stadium is open to the public for an event. Statue/Sculpture. A three-dimensional construction or form, generally executed for the purposes of decoration or artistic expression, and displayed in public. Stoop. An exterior access platform typically constructed of concrete, masonry, wood or other material with a finished floor elevation higher than the adjacent ground level. Story. That portion of a structure, other than a basement, included between the surface of any floor and the surface of the floor above or, if there is no floor above, then the space between such floor and the ceiling above. A basement used for dwelling purposes is considered a story. Street. A public or private thoroughfare that affords the principal means of access to abutting property. Street Line. A line that separates a lot, tract or parcel of land from an abutting street right-of-way. Street, Major. A street designated as such on the officially adopted Major Street Plan of the City of New Orleans. Street, Minor. A street designated as such on the officially adopted Major Street Plan of the City of New Orleans. Street Wall. The wall of a structure nearest to and facing on a street. Strip Center Development. A pattern of commercial development comprised of two (2) or more separate businesses, generally one (1) lot in depth with commercial activity arranged in a line formation. Structural Alterations. Any changes in the supporting members of a structure, such as footings, bearing walls or partitions, columns, beams or girders or any substantial change in the roof or in the exterior walls. Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground. Substantial Construction. The date at which the work or building project, or a designated portion of the work or building project is sufficiently complete, in accordance with the construction contract documents, so that the owner may use or occupy the work or building project, or designated portion thereof, for the intended use for which it is originally designed and intended for. This would include the completion of all life safety systems, a weather-tight envelope, and adequate protection of building occupants and or equipment from hazards posed by additional or possible construction activities or other potential harmful conditions that may exist or become evident during the final work effort to complete the project per the construction contract documents. This date is then
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certified by the architect to the owner or client. From this date a number of other provisions are started such as warranty, guaranties and liabilities. Supper Club. A restaurant having a minimum enclosed dining/entertainment area of four-thousand (4,000) square feet and providing live entertainment, but not adult uses. The dining and entertainment area must be composed of standard restaurant tables and seating and a live entertainment stage area or dance floor. The dining area must occupy a minimum of fifty percent (50%) of the floor area of the restaurant/entertainment area. A supper club must provide full and continual food service throughout the periods of its operation. No more than twenty percent (20%) of the seating area, as approved by the Department of Safety and Permits, may be removed to accommodate special performances. A supper club may offer the sale of alcoholic beverages as incidental to food service. Swimming Pools. Any structure, portable or permanent, containing a body of water eighteen (18) inches or more in depth, intended for recreational purposes, including a wading pool, but not including an ornamental reflecting pool, fish pond, or similar type pool, located and designed so as not to create a hazard or to be used for swimming or wading. T-Shirt. Any garment or article of clothing, including, but not limited to, T-shirts, sweat shirts, tank tops, shirts or scrub shirts, which are designed or intended generally to be worn on or over the chest and containing any communicative verbiage, graphics, or images imprinted or to be imprinted on the garment or article of clothing, exclusive of a garment manufacturers mark or logo, exclusive of decorative words and information woven or dyed in the fabric by the manufacturer of the fabric, exclusive of hand stitched, needle work or embroidery, exclusive of tie-dye garments, and exclusive of hand painted or air-brushed garments that contain no communicative verbiage, graphics or images. T-Shirt Shop. Any premises in which the retail sale of t-shirts and souvenirs is the principal use of the premises or is the major attraction to the premises. For the purposes of this Ordinance, souvenir means items, exclusive of books, magazines or maps that serve as a token of remembrance of New Orleans and bear the name of the City or geographic areas or streets thereof or of events associated with New Orleans including, but not limited to, events such as Mardi Gras, Super Bowl or the Sugar Bowl. Tandem Parking. A parking arrangement where two (2) or more parking spaces located one behind the other. Tattoo Parlor. Establishments where services offered are tattooing, body piercing and non-medical body modification. This definition does not include establishments that offer only ear piercing as an accessory use. Temporary Contractor Trailer. This use includes security trailers, construction equipment sheds, contractor trailers and similar uses incidental to a construction project and sales of homes within a newly constructed development. Temporary Storage Container. Temporary self-storage containers delivered to a residence or business owner to store belongings, and then picked up and returned to a warehouse until called for. Temporary Structure. A structure without any foundation or footing that is removed after a designated time period, when the activity or use for which the temporary structure was erected has ended. Temporary Telecommunications Carrier of Wheels (COW). A portable self-contained cell site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. A temporary telecommunications COW is normally vehicle mounted and contains a telescoping boom as the antenna support structure. Temporary Use. A use of limited duration that is not a permitted or conditional use within a zoning district.
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Tent. Any temporary structure or enclosure, the roof of which or one-half or more of the sides are constructed of silk, cotton, canvas, fabric, vinyl or similar pliable material. Terrace. A raised impervious or semi-pervious surface, built upon a solid base, such as an earthen mound, designed and intended for recreational use by people and not as a parking space. A terrace is distinguished from a deck in that the raised surface of a deck is built constructed above grade on structural supports. Timeshare Plan. Any plan or program in which the use, occupancy or possession of one or more condominium units, rooms or suites of rooms in a timeshare building circulates among various unrelated persons for a specific or discernible period by temporal division of less than a sixty (60) day period in any year for any occupant. Timeshare plans include timeshare ownership plans and timeshare use plans, as follows: A. Timeshare ownership plan is any arrangement, whether through common ownership, sale or by other means, whereby a person receives an ownership interest in a condominium unit, room or suite of rooms in a timeshare building. B. Timeshare use plan is any arrangement, excluding normal hotel operations, whether by membership agreement, lease, rental agreement, license, use agreement, security, or other means, whereby a person receives the right to use but not an ownership interest in a condominium unit room or suite of rooms in a timeshare building. Timeshare/Transient Vacation Rentals. A building containing condominium units, rooms or suites of rooms, with or without culinary facilities, and subject to a timeshare plan or transient vacation rentals with a duration of occupancy of less than thirty (30) days. The construction of or conversion to timeshare buildings must be registered with the Department of Safety and Permits. Trailer. Any non-self-propelled, wheeled vehicle, designed for carrying persons or property when drawn by a motor vehicle. Truck Marshalling. The temporary parking or storage on a property of trucks or other vehicles that transport goods to or from another property, such as an office building, retail or wholesale center, or meeting or convention site. The vehicles are temporarily parked or stored at the property before they are driven to the property being served, where the transported goods are loaded or unloaded. Truck Repair. Establishments involved in the repair and service of trucks. As used in this definition the term trucks does not include any vehicle whose maximum gross weight is ten thousand (10,000) pounds or less as rated by the Louisiana Department of Motor Vehicles. Truck Stop. A structure or land used or intended to be used primarily for the retail sale of fuel for trucks and, usually, incidental service or repair of trucks. The site may also include attendant eating, sleeping, or truck parking facilities. As used in this definition the term trucks does not include any vehicle whose maximum gross weight is ten thousand (10,000) pounds or less as rated by the Louisiana Office of Motor Vehicles. Truck Terminal. A. A structure or land used or intended to be used primarily: 1. To accommodate the transfer of goods or chattel to other trucks or truck trailers or to vehicles of other types, in order to facilitate the transportation of such goods or chattel. 2. To accommodate parking or storage of trucks or truck trailers.
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B. A truck terminal may include, as incidental uses only, sleeping quarters and other facilities for trucking personnel, facilities for the repair or service of vehicles, or necessary truck storage space involved in the transit of goods or chattel. Truck terminals include facilities for the storage of freight shipping containers designed to be mounted on chassis for part or all of their transport, but does not include a warehouse, moving and storage establishment, or truck stop. Land used as an accessory to a lawful business or industrial use other than a truck terminal for the parking, storage, or repair of trucks is not a truck terminal within the meaning of this definition. As used in this definition, the terms trucks, truck trailers, and truck tractors do not include any vehicle whose maximum gross weight is ten thousand (10,000) pounds or less as rated by the Louisiana Department of Motor Vehicles. A truck terminal may have provisions to allow for the transfer of goods to water, air, rail or another truck. Truck terminals are further divided into the following classes: 1. Trucking Terminal, Class I (Freight Transfer Terminal). A trucking facility whose primary purpose is to accommodate the transfer of goods or chattel from trucks or truck trailers or to vehicles of other types in order to facilitate the transportation of such goods or chattels. Such a facility does not include video poker gaming/gambling. 2. Trucking Terminal, Class II (Truck Storage Lot). A trucking facility which includes a truck yard and the primary purpose of which is to accommodate the parking or storage of trucks, truck trailers or truck tractors. Such a facility does not include video poker gaming/gambling. Urban Agriculture. An activity that produces, processes and markets food and other products within the urban areas of the City, applying large-scale, intensive production methods to yield a diversity of crops and livestock. Use. The purpose or activity for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained. Use, Less Restrictive. A change in the use of a structure or land that decreases the concentration of activity on the property. Examples include a change use that decreases the number of dwelling units, decreases the density, shortens the hours of operation, decreases the number of parking spaces or decreases the occupancy rating established by the Building Code. Use, More Restrictive. A change in the use of a structure or land that increases the concentration of activity on a property. Examples include a change in use that increases the number of dwelling units, increases the density, lengthens the hours of operation, increases the number of parking spaces or increases the occupancy rating established by the Building Code. Utility. Basic services such as electricity, gas, sewer or water, or the company that provides such a service. Vacant. The determination of vacancy for nonconforming uses or structures is supported by evidence, satisfactory to the Director of the Department of Safety and Permits including, but not limited to, the actual removal of equipment, furniture, machinery, structures or other components of the nonconforming use and not replaced, the turning off of the previously connected utilities, the lack of a valid occupancy permit, or the lack of business receipts/records or any necessary licenses that provide evidence that the use is in continual operation. Warehouse. A facility for the storage and distribution of manufactured products, supplies and equipment. Waste Transfer Station. A facility for the purpose of transferring solid wastes that are generated off the premises of the facility from vehicles or containers into other vehicles or containers for transportation to a solid waste disposal facility.
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Water Feature. A decorative site feature with either still or moving water less than eighteen (18) inches in depth and may include fountains, waterspouts, waterfalls, formal or informal ponds, bogs or container water gardens. Waterway. Any body of water, including any bayou, creek, canal, river, lake, lagoon, pond or bay, or any other body of water, natural or artificial, except a swimming pool or water feature. Waterway Line. The mean high water mark for lakes, bayous and rivers, and the boundary line of the highest winter tide for the sea. White Roof. A roof of a structure coated with a white polymer, in order to minimize negative impacts on the environment, reduce the amount of pollution, and improve the thermal efficiency of the roof to conserve energy and reduce energy costs. Wholesale Goods Establishment. A facility or place of business primarily engaged in selling and/or distributing merchandise to retailers, industrial, commercial, institutional or professional business users, or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Wind Farm. A facility for wind turbines and generators used to generate and produce electric power. Wind Turbine. A mechanism or device that converts wind energy into electrical power, including windmills and residential wind turbines, towers and supporting structures and such directly connected facilities as generators, alternators, inverters, batteries and associated control equipment. Winery. An agricultural operation where the cultivation, processing, fermentation and bottling of grapes, berries or fruits occurs, including all related equipment. Wireless Communications Antenna. A specific device, the surface of which is used to transmit and/or receive radio-frequency signals, microwave signals, or other signals transmitted to or from other antennas. Wireless communications antenna does not include satellite dish antenna. Wireless Communications Facility. An un-staffed structure used to house and protect the equipment necessary for processing telecommunications signals, which may include air conditioning equipment and emergency generators. Wireless Communications Tower. A structure designed and constructed to support one (1) or more wireless communications antennas and including all appurtenant devices attached to it. A tower can be freestanding (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guy wires) of either lattice or monopole construction. With Prejudice. As applied to a decision, this indicates that the decision is the final action in the matter; specifically, a decision that is adverse to the applicant in the matter. Without Prejudice. As applied to a decision, this indicates that a new action is allowed to be considered on the same matter, indicating that the current action is not necessarily the final decision on the matter. Yard. Open space located at grade between a structure and the adjoining lot lines, unoccupied and unobstructed from the ground upward, unless otherwise permitted by this Ordinance. (See Figure 26-24: Yards)
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FIGURE 26-24: YARDS
Yard, Corner Side. The required minimum distance a principal building must be located from a corner side lot line. The corner side yard extends along the corner side lot line between the front yard and the rear lot line, for the required minimum depth, as specified for the district in which such lot is located, measured perpendicular to the corner side lot line (See Figure 26-24) Yard, Front. The required minimum distance a principal building must be located from a front lot line. The front yard extends the full width of the lot between side lot lines for the required minimum depth, as specified by the zoning district in which such lot is located, measured perpendicular to the front lot line. On corner lots the front yard is provided facing the street upon which the lot has its lesser dimension. On a through lot, both yards that face a street are considered a front yard and subject to the minimum front yard requirements of the zoning district. (See Figure 26-24) Yard, Interior Side. The required minimum distance a principal building must be located from an interior side lot line. The interior side yard extends along an interior side lot line between the front and rear setbacks, for the required minimum depth, as specified for the district in which such lot is located, measured perpendicular to the interior side lot line. (See Figure 26-24) Yard, Perimeter. A yard located along the boundaries of the development site as a whole, as measured from all district lot lines. Yard, Rear. The required minimum distance a principal building must be located from a rear lot line. The rear yard extends between the side lot lines for the required minimum depth, as specified by the zoning district in which such lot is located, measured perpendicular to the rear lot line. On both corner lots and interior lots, the rear yard is, in all cases, at the opposite end of the lot from the front yard. (See Figure 2624)
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New Orleans Zoning Code Draft

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New Orleans Zoning Code Draft

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ARTICLE 1. TITLE, INTENT & PURPOSE

City of New Orleans Comprehensive Zoning Ordinance

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Article 1 Title, Intent & Purpose

City of New Orleans Comprehensive Zoning Ordinance

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Article 1 Title, Intent & Purpose

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Article 1 Title, Intent & Purpose

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Article 1 Title, Intent & Purpose

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Article 1 Title, Intent & Purpose

ARTICLE 2. ORDINANCE ADMINISTRATION

City of New Orleans Comprehensive Zoning Ordinance

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Article 2 Ordinance Administration

City of New Orleans Comprehensive Zoning Ordinance

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Article 2 Ordinance Administration

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Article 2 Ordinance Administration

ARTICLE 3. ADMINISTRATIVE PROCEDURES

City of New Orleans Comprehensive Zoning Ordinance

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Article 3 Administrative Procedures

City of New Orleans Comprehensive Zoning Ordinance

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Article 3 Administrative Procedures

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Article 3 Administrative Procedures

ARTICLE 4. APPLICATIONS & APPROVALS

City of New Orleans Comprehensive Zoning Ordinance

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Article 4 Applications & Approvals

City of New Orleans Comprehensive Zoning Ordinance

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Article 4 Applications & Approvals

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Article 4 Applications & Approvals

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Article 4 Applications & Approvals

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Article 4 Applications & Approvals

City of New Orleans Comprehensive Zoning Ordinance