4.5 Development Plan and Design Review

4.5.A Purpose   

The development plan and design 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 and neighborhoods, 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 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 impacts.

7.  Incorporate proper stormwater management and sustainable design techniques.

4.5.B Applicability   

Development plan and design review is required as follows and summarized in Table 4-2: Development Plan and Design Review Thresholds:

1.   New construction of multi-family dwellings, townhouse developments, non-residential, or mixed-use development that is forty-thousand (40,000) square feet or more in gross floor area.  In local historic districts, the design guidelines of the applicable Commission, the New Orleans Historic District Landmarks Commission, Central Business District Historic District Landmarks Commission, or Vieux Carre Commission, shall prevail over building design standards of the Comprehensive Zoning Ordinance. Unless otherwise required by this section or this Ordinance, these applications are reviewed by the Executive Director of the City Planning Commission and the Design Advisory Committee.

2.   Unless otherwise required by this section or this Ordinance, applications for additions or enlargements as follows are reviewed by the Executive Director of the City Planning Commission and the Design Advisory Committee. Developments or portions of a development that are located in an industrial or institutional zoning district and that are not visible from the public right-of-way shall be exempt.

a.   Additions or enlargements to multi-family dwellings or townhouse developments that bring the total gross floor area to forty-thousand (40,000) square feet or more.

b.   Enlargement to a non-residential or mixed-use structure that brings the total gross floor area to forty-thousand (40,000) square feet or more.

c.   Additions of new structures to a non-residential or mixed-use development on a lot that bring the total gross floor area of all structures on the lot to forty-thousand (40,000) square feet or more.

d.   Substantial improvements to any non-residential or mixed-use structure, or group of structures on the same lot, where the total gross floor area is forty-thousand (40,000) square feet or more. Substantial improvements are defined as demolition and reconstruction of existing buildings valued at fifty percent (50%) or more of the initial value of the existing building.

3.   Unless otherwise required by this section or this Ordinance, applications for any size development within the areas described as follows are reviewed by the Executive Director of the City Planning Commission and the Design Advisory Committee. Except in the UAD Overlay District, single and two-family dwellings and any development or portion of a development that is located in an industrial or institutional zoning district that is not visible from the public right-of-way are exempt.

a.    CPC Character Preservation Corridor Design Overlay District

b.    Developments on lots within the entirety of each block located at the major intersections along a design overlay district identified in Article 18.

c.     Development on a through lot in an identified design overlay districts of Article 18

d.    Development with one-hundred (100) feet or more of lot frontage in an identified design overlay districts of Article 18

e.     UAD University Area Design Overlay District

4.   Unless otherwise required by this section or this Ordinance, applications for any development, new building construction, substantial improvement, and exterior redesign which implicates the design requirements of the base zoning or design overlay district and site plan modifications that implicate the standards of the overlay district that does not meet the thresholds of Paragraphs 1, 2, and 3 above, and sign applications, as applicable, within the following overlay districts (Article 18), are reviewed solely by the Executive Director of the City Planning Commission. Except in the UAD Overlay District, single-family dwellings, two-family dwellings, and any development or portions of a development that are located in an industrial or institutional district and that are not visible from a public right-of-way are exempt.

a.  RIV Riverfront Design Overlay District

b.  EC Enhancement Corridor Design Overlay District

c.  CT Corridor Transformation Design Overlay District

d. GC Greenway Corridor Design Overlay District

e. UAD University Area Design Overlay District

5.   Electric Utility Substations, Transmission Lines, and District Energy Systems (except District Energy Systems located in HI Heavy Industrial, LI Light Industrial and MI Maritime Industrial Districts)

6.   All applications for a conditional use and planned developments. Unless otherwise required by this section or this Ordinance, these applications are reviewed by the City Planning Commission and the City Council.

7.   Where the City Planning Commission or the City Council is authorized to impose conditions, the Commission or Council may require submission of a development plan as a requirement of such application.

8.   When the public benefit floor area ratio bonus provisions of Section 17.5 within the Central Business Districts are used, the Commission or Council may require submission of a development plan as a requirement of such application. Unless otherwise required by this section or this Ordinance, these applications are reviewed by the Executive Director of the City Planning Commission and the Design Advisory Committee.

9.   Where this Ordinance specifically requires site plan and design review as a condition of approval, including when required by the use standards of Article 20 or the site development standards of Article 21. The specific standards will indicate whether site plan and design review is required by the Executive Director of the City Planning Commission and the Design Advisory Committee or solely by the Executive Director of the City Planning Commission.

10. All essential services described in Section 6.4. Unless otherwise required by this section or this Ordinance, such applications are reviewed solely by the Executive Director of the City Planning Commission. However, the Executive Director of the City Planning Commission may waive this requirement.

11. When a property is located within the Vieux Carré Historic District or within the Historic Districts Landmark Commission’s full control Historic Districts, those developments are exempt from site plan and design review, but are subject to the review procedures of the Vieux Carré Commission or Historic Districts Landmark Commission, as applicable.  Properties within full control local historic districts are not exempt from design review of site design by the City Planning Commission Executive Director or Design Advisory Committee. Properties within partial control local historic districts are not exempt from design review. Properties with the RIV Riverfront Design Overlay District are not exempt.

 

¹ Excluding single- and two-family dwellings and any development or portion of a development that is located in an industrial or institutional zoning district and that is not visible from the public right of way.

² The specific standards will indicate whether site plan and design review is required by the Design Advisory Committee or the Executive Director of the CPC.  

³Except District Energy Systems located in HI Heavy Industrial, LI Light Industrial and MI Maritime Industrial Districts.

Adopted by Ord. 27,674 MCS, §1, March 6, 2018, Zoning Docket 085-17, Ord. 28,322 MCS, §1, February 28, 2020, Zoning Docket 117-19; Ord 28800 MCS, 10-21-21, ZD 56/21; Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22; Ord. 29882, April 5, 2024, Zoning Docket 089/23;

4.5.C Submittal Requirements   

In addition to any other information required by this Ordinance, development plans shall 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, 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, numbers of parking and loading spaces, exterior lighting systems, storm drainage, and sanitary facilities.

6.  The approximate height of all proposed structures, principal and accessory, or major excavations in relation to heights of structures on adjoining property. The location should be drawn to scale but full dimensioning is not required.

7.  Building elevations, locations, and dimensions.

8.  General location of parking and site circulation.

9.  General location, height, and material of all fences, walls, screening, and landscape.

10.  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.

11.  Landscape and stormwater management plan, where applicable.

12.  Such other information as may be required in order to meet standards in the district in which the use is to be located.

13.  A narrative description of how the proposed development addresses the design goals.

The Executive Director of the City Planning Commission may waive submittal requirements where such information is not necessary to determine the nature of the development or that the development meets relevant approval criteria.

Adopted by Ord 28800 MCS, 10-21-21, ZD 56/21; Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.5.D Procedure   

4.5.D.1 Submittal of Application   

All development plan and design review applications shall be filed with the Executive Director of City Planning Commission in accordance with the requirements in Section 3.2. When the application is complete, the Executive Director of City Planning Commission will forward a copy of the application to the appropriate body.

4.5.D.2 Development Plan and Design Review Process   

a.  When a development plan and design review application is reviewed by the Executive Director of the City Planning Commission, the Executive Director shall render a decision pursuant to the standards in Paragraph E.

i.  The Executive Director of City Planning Commission shall approve, approve with conditions, or deny the development plan. The Executive Director shall sign the stamped development plan signifying approval, approval with conditions, or denial of the application.

ii.  The Executive Director of City Planning Commission may issue an advisory opinion that includes specific recommendations regarding design review modifications.

iii.  The applicant may file a written appeal of the decision of the Executive Director of City Planning Commission to the City Planning Commission within forty-five (45) days after the date of the final decision in accordance with Section 4.8.

b.  When a development plan is approved by the Executive Director of the City Planning Commission and design review recommendations are provided by the Design Advisory Committee, all decisions shall be rendered pursuant to the standards in Paragraph E within ninety (90) days from the date the application is deemed complete.

i.   The Executive Director of City Planning Commission shall approve, approve with conditions, or deny the development plan. The Executive Director shall sign the stamped development plan signifying approval, approval with conditions, or denial of the application.

ii.  The Design Advisory Committee shall issue an advisory opinion that includes specific recommendations regarding design review modifications within sixty (60) days from the date the application is deemed complete.

iii.  The applicant may file a written appeal of the decision of the Executive Director of City Planning Commission to the City Planning Commission within forty-five (45) days after the date of the final decision in accordance with Section 4.8.

iv. The applicant may file a written appeal of the decision of the City Planning Commission to the City Council within forty-five (45) days after the date of the final decision.

c.  When a development plan and design review application is considered in conjunction with another application, the body considering the application shall render a decision pursuant to the standards in Paragraph E below as part of the decision on the original application.

d.  The body or official approving a development plan shall determine whether the development plan and design review application conforms to the zoning district regulations and design standards in the district where the property is located, including any special regulations applicable to the particular use under Article 20 or Article 21.

e.  The body or official approving a development plan may attach such conditions to the approval of the development plan as reasonably necessary to assure compliance with the requirements of this Ordinance.

4.5.E Approval Standards   

In reviewing site plan and design review applications, the relationship of the development plan to adopted land use policies and the goals and objectives of the Master Plan shall be evaluated. In addition, the following characteristics shall be considered:

1. Degree of conformity with the regulations of this Ordinance.

2.  Degree of conformity with all 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.  Compatibility with, and mitigation of, any potential impact upon, adjacent property.

b.  Site illumination designed and installed to minimize adverse impact on adjacent properties.

4.  Landscape and the arrangement of open space or natural features on the site shall:

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 landscape 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 shall 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.

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.

6. Building design that enhances the design quality and character of the surrounding community through strategies such as:

a. Maintaining existing development patterns reflected in the intent of the Master Plan or other adopted plans, or reflecting changes proposed within the Master Plan or other adopted plans.

b. Providing a visible transition in height and bulk between higher and lower density development.

c. Reinforcing the prevailing orientation to the street.

d. Strengthening the character of walkable streets, intact residential neighborhoods, and other environments for which this prevailing character reflects the urban design goals of the Master Plan.

e. Respecting historic design context.

Adopted by Ord 28800 MCS, 10-21-21, ZD 56/21

4.5.F Changes to Approved Plans   

The following types of amendments to approved development plans are permitted, upon written request of the property owner holding the approved application.

4.5.F.1 Changes Approved by the Executive Director of City Planning Commission   

The Executive Director of the City Planning Commission may approve the following minor changes:

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 is not expand beyond twenty percent (20%) and does not exceed the bulk regulations of the underlying zoning district.

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 considered 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 development plan.

f.   Changes to the number and/or arrangement of parking and loading spaces that are in compliance with this ordinance. Increases or decreases in, or rearrangment of, off-street parking spaces in any part of the development plan.

g.  Such additional changes, adjustments, or alterations to elements of the development plan, such as walks, fencing, signs, lighting, landscape, or other elements, as may be necessary or desirable to improve the quality of the approved development plan or to provide for consistency with such other changes as may be authorized in this section.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.5.F.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 in total building coverage of any structure beyond twenty percent (20%) in any part of the development plan.

b.  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.

c.  Increases in the number of structures permitted in any part of the development plan.

All applications for amendments to approved Conditional Use plans requiring City Planning Commission approval shall include a Project Neighborhood Participation Program (Project NPP) in accordance with Article 4, Section 4.3.D.2 Pre-Application Meeting and Project Neighborhood Participation Program.

Adopted by Ord. 29084 MCS, 7-7-22, ZD 017/22; Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.5.F.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 development plan. However, if a new conditional use or variance is proposed, the applicant is required to resubmit a new application for approval.

4.5.G Expiration and Extension of Time   

4.5.G.1 Expiration   

Unless otherwise permitted or restricted by this Ordinance, an approved development plan is valid for three (3) years from the date that the Executive Director of the City Planning Commission approves the drawings. After three (3) years, the development plan and design review approval will expire and no construction or use is permitted until a new plan is approved. The findings of the Design Advisory Committee are transmitted to the appropriate body for inclusion in the development plan and shall remain valid in conjunction with the expiration timeframes of development plan review, including any extensions of time. 

4.5.G.2 Extension of Time   

If the applicant requests an extension of the development 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 development plan approval may be extended for a period not to exceed twelve (12) months.

4.5.H Appeals   

Appeals to the City Planning Commission may be filed concerning the decision of the Executive Director of the City Planning Commission on any decision relative to development plan and design review.