19.4.A.15 University Area Off-Street Parking Interim Zoning District (Rescinded by M-24-63, 02/02/24)

A. Intent of the District

The intent is to re-establish the University Area Off-Street Parking Interim Zoning District to implement temporary restrictions requiring off-street vehicular parking for any increase in the number of existing bedrooms.

B. Boundaries 

The University Area Off-Street Parking Interim Zoning District applies to all lots in the area generally bounded by: Cecil Street, a straight line connecting Cecil Street to Monticello Avenue, Monticello Avenue, to Leake Avenue, to River Drive, to Riverview Drive, to East Drive, to Tchoupitoulas Street, turning north on Jefferson Avenue, turning east on South Claiborne Avenue, turning north on Toledano Street, connecting to Washington Avenue, turning west on Earhart Boulevard, turning north on South Carrollton Avenue, turning west on Tulane Avenue/Airline Highway connecting to Palmetto Street, to Northline Street, to Monticello Avenue, to Cecil Street.

C. Definitions

As used in this IZD, the following terms shall have the following meanings:

"Additional Bedroom" The number of Additional Bedrooms is the number of Proposed Bedrooms in excess of the number of Existing Bedrooms. In the case of new construction, for the purposes of this ordinance and calculating the Required Off-street Parking Spaces, the number of Existing Bedrooms shall be one (1) per dwelling unit.

"Application Date" means the date the application for the building, construction or renovation permit, or for a zoning verification at issue is considered complete by the Department of Safety and Permits.

"Bathroom" is an enclosed space with a bathtub and/or shower.

"Bedroom" shall be defined as an enclosed private room with a door and a window, designed for and outfitted to be used for sleeping or lodging of guests in a dwelling unit. A bedroom shall not be a shared space or a space designed for or outfitted to be used for any purpose other than sleeping or lodging of guests. Bedrooms shall comply with the provisions of Division 5 of Article 4 of Chapter 26 of the Code of the City of New Orleans regarding light, ventilation and occupancy limitation for occupied premises.

"CZO" means the Comprehensive Zoning Ordinance of the City of New Orleans

"Common Room" A common room is any unenclosed space that is primarily used for non-private or communal purposes, including but not limited to living rooms, dining rooms, kitchens, and/or spaces used for transiting from one room to another, such as foyers, hallways, stairwells, balconies, and/or porches. An unenclosed room shall not be a Bedroom.

"Existing Bedroom" A Bedroom shall be considered an "Existing Bedroom" if the bedroom has historically been used as such, as determined by the Department of Safety and Permits.

1. In the case of new construction, for the purposes of this ordinance and calculating the Required Off-street Parking Spaces, the  number of Existing Bedrooms shall be one (1) per dwelling unit.
2. Existing Bedrooms must be within a dwelling unit. If a building permit application identifies locations of Existing Bedrooms in a dwelling unit that contains no living room, kitchen, or dining room, such identified bedrooms must be re-designated as living rooms, kitchens, and/or dining rooms, and all such bedrooms and redesigned rooms shall comply with the provisions of Division 5 of Article 4 of Chapter 26 of the Code of the City of New Orleans regarding light, ventilation, and occupancy limitations for occupied premises.
3. In the case of shotgun-style dwelling units, for purposes of this ordinance and calculating the Required Off-street Parking Spaces, the number of existing bedrooms shall be the number of rooms remaining after excluding living rooms, kitchens, bathrooms and laundries.

"Existing Off-street Parking Space" shall mean a Legal Off-street Parking Space which existed on the property prior to the earliest of the most recent transfer of the property or the filing of an application for a permit for renovation, construction, demolition, zoning verification, or occupancy.

"Full Bathroom" means an enclosed room with plumbing and fixtures for a sink, toilet, bathtub, and/or shower.

"Proposed Bedroom" is a Bedroom shown on plans for proposed new construction and/or proposed renovation, that is labeled or identified on such plans as a Bedroom. All rooms not otherwise identified on plans for new construction or renovation as bedroom, bathroom, kitchen, laundry, living room, and/or living/dining area shall be presumed to be Proposed Bedrooms.

"Required Off-street Parking Space" shall mean an additional Legal Off-street Parking Space required by the Off-street Parking Requirements and other terms of this Ordinance.

"Renovation" shall mean any removal, erection, or reconfiguration of interior walls in a dwelling or dwelling unit to increase the number of Existing Bedrooms.

D. Off-Street Parking Requirements

The off-street parking requirements in the University Area Off-Street Parking Interim Zoning District shall be as follows:

1. One "Required Off-street Parking Space" is required for each Additional Bedroom in any dwelling or dwelling unit. For purposes of this ordinance, the one added parking space for each Additional Bedroom applies to new construction of a dwelling or dwelling unit, and/or to any renovation of a dwelling or dwelling unit. In the case of new construction, for purposes of this ordinance and calculating the Required Off-street Parking Spaces, the number of Existing Bedrooms shall be one (1) per dwelling unit.
2. In addition to any Required Off-street Parking Spaces required under subsection D.1 above, one Additional Off-street Parking Space shall be required for each Bathroom in any dwelling or dwelling unit.
3. These Required Off-street Parking Requirements shall not be waivable. The applicable Exemptions and Flexibilities provided in Section 22.5 of the Comprehensive Zoning Ordinance shall not be applicable or available to dwellings and/or dwelling units within the boundaries of this IZD if the dwelling unit is being renovated or newly constructed as contemplated herein.
4. When there is contradictory or conflicting evidence, ambiguity and/or confusion as to the interpretation or application of the Required Off-street Parking Requirement, the question shall be resolved in favor of the more restrictive interpretation, such that the higher number of Required Off-street Parking Spaces calculable shall be presumed to apply, and these presumptions shall be rebutted only by clear and convincing evidence and/or by clear convincing interpretations.

E. Parking and Driveways

1. Tandem vehicle parking is prohibited for purposes of this ordinance.

F. Plans and Calculations required in this Ordinance

1. Existing floor plans for each dwelling or dwelling unit shall identify living rooms and kitchens. If inspection or other evidence do not support and/or contradict the existence and correct designation of such rooms or areas, then rooms designated as Existing Bedrooms shall be presumed to be and reclassified as living rooms, kitchens, and dining room and/or living/dining area.
2. Proposed floor plans shall identify all rooms by their claimed purpose, such as kitchen, bedroom, dining room, bathroom, and identify all Bedrooms as Existing or Proposed.
3. Existing site plans shall show the location of each parking space.
4. Proposed site plans shall show the location of each parking space.
5. Each permit applicant may be required to provide a verified statement setting out the number of Existing Bedrooms, the number of Proposed Bedrooms, the number of full, half and double bathrooms, and indicating the number of Additional Bedrooms and the number of Required Off-street Parking Spaces.

G. Affordable Housing

1. This off-street parking requirement shall not apply to any Affordable Housing Development that meets all the following criteria:

1. The affordable housing development must set aside 50% of all units at 60% AMI or below.
2. Each affordable unit must have an affordability period of a minimum of 20 years.
3. The affordable housing development must have a covenant or deed restriction limiting the future sales price of each affordable unit to the initial sales price plus 5% for the entire 20-year affordability period. This covenant or deed restriction must be disclosed to prospective buyers.

H. Appeal Procedure

These increased parking requirements may be appealed directly to the City Council in accordance with the applicable law.

Initiated by Motion No. M-22-449; Zoning Docket 100/22; Adopted by Ord. No. 29,545 M.C.S., May 16, 2023