Article 18 Overlay Zoning Districts

18.1 Application of Overlay Zoning Districts

18.1.A Creation, Modification, and Removal of Overlay Zoning Districts

1. Overlay zoning districts may be created or removed through concurrent zoning text and map amendments in accordance with the process in Section 4.2.

2. Overlay zoning district regulations may be modified through a zoning text amendment in accordance with the process in Section 4.2.

3. Overlay zoning district boundaries may be modified through a zoning map amendment in accordance with the process in Section 4.2.

18.1.B Intent, Relation to Base Zoning Districts, and Rules Governing the Application of Multiple Overlays

Overlay zoning districts are designed to require special controls in certain areas of the City that have special characteristics or special development issues. The intent of an overlay zoning 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. Unless modified by the overlay zoning district regulations, the regulations of the base zoning district apply. Whenever a lot and/or development site, as defined below, is covered by more than one overlay zoning district, the regulations of each overlay zoning district shall apply, except that where the regulations of such overlay zoning districts contain an actual, implied or apparent conflict, the more restrictive regulation shall apply unless stated otherwise.

18.1.C Application of Overlay Zoning Districts to Off-Site Accessory Uses

Except as otherwise provide for in this Ordinance, the regulations of an overlay zoning district apply to:

(1) The entirety of any lot located within the area of applicability of an overlay zoning district;

(2) The entirety of any lot that is occupied by an off-site accessory use, including but not limited to off-street parking, that is incidental and subordinate to a principal use that is located on a lot within the area of applicability of an overlay zoning district;

(3) The entirety of any lot on which any portion of a principal or accessory building is constructed, where some portion of the use occupying such building is located on a lot that is indicated within the area of applicability of an overlay zoning district.

18.2 Purpose Statements

18.2.A Purpose of the SC Suburban Corridor Use Restriction Overlay District

The purpose of the SC Suburban Corridor Use Restriction Overlay District is to provide for a superior environment along major transportation corridors through the application of an overlay district that places restrictions on certain uses. This district is intended for application along transportation corridors in a suburban setting. 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.

18.2.B Purpose of the ENORC Eastern New Orleans Renaissance Corridor Use Restriction Overlay District

The purpose the ENORC Eastern New Orleans Renaissance Corridor Use Restriction 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 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 the harmony and compatibility of development over designated corridors by special regulations.

18.2.C Purpose of the HUC Historic Urban Corridor Use Restriction Overlay District

The purpose of the HUC Historic Urban Corridor Use Restriction Overlay District is to provide for a superior environment and a compatibility and continuity of development along major historic urban neighborhood 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 areas by special regulations.

18.2.D Purpose of the St. Charles Avenue Use Restriction Overlay District

The purpose of the St. Charles Avenue Use Restriction Overlay District is to provide for a superior environment and compatibility of development. Certain traffic-generating uses are prohibited.

18.2.E Purpose of the RDO-1 Residential Diversity Overlay District (Marigny/Bywater)

The purpose of the RDO-1 Residential Diversity Overlay District is to allow a limited number of commercial activities and higher density residential uses in existing buildings across multi-block areas of residentially zoned areas. The RDO-1 Overlay District is intended to sustain the historic character of residential neighborhoods that contained a few small commercial uses serving the immediate neighborhood and a few small multi-unit residential buildings situated among low density residential uses. The RDO-1 Overlay District encourages the compatible reuse of existing non-residential and mixed-use structures in residential areas, in order to reduce commercial and residential nonconformities and to prevent the use of spot zones to authorize commercial or higher density residential uses.

18.2.F Purpose of the RDO-2 Residential Diversity Overlay District (Tremé/Sixth and Seventh Wards)

The purpose of the RDO-2 Residential Diversity Overlay District is to allow a limited number of commercial activities and higher density residential uses in existing buildings across multi-block areas of residentially zoned areas. The RDO-2 Overlay District is intended to sustain the historic character of residential neighborhoods that contained a few small commercial uses serving the immediate neighborhood and a few small multi-unit residential buildings situated among low density residential uses. The RDO-2 Overlay District encourages the compatible reuse of existing non-residential and mixed-use structures in residential areas, in order to reduce commercial and residential nonconformities and to prevent the use of spot zones to authorize commercial or higher density residential uses. The RDO-2 Overlay District differs from the RDO-1 Overlay District by allowing for the establishment of standard restaurants without the sale or service of alcoholic beverages.

18.2.G Purpose of the AC-1 Arts and Culture Diversity Overlay District (Frenchmen, St. Bernard, Broad)

The AC-1 Arts and Culture Diversity 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. The AC-1 Diversity Overlay District seeks to maintain and reinforce small-scale uses and a balance of daytime and night-time uses that are compatible with the character of surrounding residential neighborhoods.

18.2.H Purpose of the AC-2 Arts and Culture Diversity Overlay District (Freret, Newton, Teche)

The AC-2 Arts and Culture Diversity 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. The AC-2 Diversity Overlay District seeks to maintain and reinforce small-scale uses and a balance of daytime and night-time uses that are compatible with the character of surrounding residential neighborhoods.

18.2.I Purpose of the AC-3 Arts and Culture Diversity Overlay District (St. Claude)

The purpose of the AC-3 Arts and Culture Diversity Overlay District is to establish and sustain new arts and cultural uses on lots generally facing St. Claude Avenue between Press Street and Poland Avenue. The St. Claude Arts and Culture Diversity Overlay District seeks to preserve the area's small to medium-scale commercial uses, encourage a balance of daytime and nighttime uses, and foster development of arts-related uses.

18.2.J Purpose of the AC-4 Arts and Culture Diversity Overlay District (Tremé)

The AC-4 Arts and Culture Diversity Overlay District is intended to provide opportunities for a limited number of live entertainment uses both along corridors and interspersed within neighborhoods where residences, businesses, and arts and cultural uses have historically coexisted. The AC-4 Diversity Overlay District seeks to maintain and reinforce small-scale uses and a balance of daytime and night-time uses that are compatible with the character of surrounding residential neighborhoods.

18.2.K Purpose of the RIV Riverfront Design Overlay District

The RIV Riverfront Design Overlay District is intended to preserve, create, and enhance public views of the Mississippi River and to promote the development of a riverfront promenade, including connections to nearby public rights-of-way, open space, and other public amenities. The RIV Overlay District crosses several zoning districts and is intended to unify the entire riverfront by promoting public access between neighborhoods. Site plan and design review is required for development and redevelopment.

18.2.L Purpose of the CPC Character Preservation Corridor Design Overlay District

The purpose of the CPC Character Preservation Corridor Design Overlay District is to provide for design review of projects that have an established development pattern and urban character recognized as “iconic” of New Orleans’ unique historic development. Site plan and design review is required to ensure that these projects are compatible with the preservation of the overall urban fabric, design character, scale, and pedestrian-friendliness of these corridors and adjacent areas.

18.2.M Purpose of the EC Enhancement Corridor Design Overlay District

The purpose of the EC Enhancement Corridor Design Overlay District is to provide for design review for projects located predominantly in the older parts of the City. In these corridors, traditional character is intermittent, there may be segments with vacant or underutilized properties, and more recent development has tended to be suburban and auto-oriented in character. Site plan and design review is required to ensure coordinated infill development and redevelopment.

18.2.N Purpose of the CT Corridor Transformation Design Overlay District

The purpose of the CT Corridor Transformation Design Overlay District is to provide for design review for projects in corridors that are located in Eastern New Orleans, on the West Bank, and in Lakeview and Gentilly. The corridors in Eastern New Orleans also include I-10 and its service roads. Existing development along these corridors is typically suburban in character and auto-dependent, and vacant and underutilized properties may be common. Superblocks are common along the corridors in Eastern New Orleans and the West Bank. Site plan and design review is required to ensure coordinated infill development and redevelopment.

18.2.O Purpose of the GC Greenway Corridor Design Overlay District

The purpose of the GC Greenway Corridor Design Overlay District is to provide for design review in order to promote pedestrian and bicycle usage and enhance the natural environment in corridors that surround designated public greenways. The GC Greenway Corridor Design Overlay District is intended for application on properties that are adjacent to or across a right-of-way from a greenway. The GC overlay district may also be applied to other properties in the vicinity of a greenway, particularly around intersections between greenways and major streets.

18.2.P Purpose of the HU-B1A Use Restriction Overlay District

The purpose of the HU-B1A Use Restriction Overlay District is to provide for preservation of certain historic urban neighborhood business districts and adjacent historic urban residential neighborhoods. The overlay district is intended to supplement the base zoning district to ensure harmony and compatibility of development and re-development, by providing additional special regulations.

18.2.Q Purpose of the LAS LaSalle Street Overlay District

The purpose of the LAS LaSalle Street Overlay District is to create an environment with additional opportunities for live entertainment at commercially-zoned sites along commercial corridors, as well as at small sites with commercial zoning that are interspersed within neighborhoods where arts and cultural uses have historically existed.

18.2.R Purpose of the Magazine Street Use Restriction Overlay District

The purpose of the Magazine Street Use Restriction Overlay District is to provide for compatibility and the preservation of certain historic urban neighborhood street corridors and adjacent historic urban residential neighborhoods. The overlay district is intended to supplement those of the base zoning district to provide for the harmony and compatibility of development and re-development over designated areas by special regulations.

18.2.S Purpose of the Jackson Avenue Use Restriction Overlay District

The purpose of the Jackson Avenue Use Restriction Overlay District is to provide additional protections to a portion of Jackson Avenue in order to curb increased commercialization of the avenue without resident input.

18.2.T Purpose of the Annunciation Street Overlay District

The purpose of the Annunciation Street Overlay District is to encourage a mixed-use, walkable environment and a productive use of available space. The Annunciation Street Overlay District protects the interest of the neighbors while also allowing for increased height and floors that will encourage development of the area.

18.2.U Purpose of the CSH Canal Street Height Overlay District

The purpose of the CSH Canal Street Height Overlay District is to encourage complimentary development, such as hotels, that will support the hospitals within the Life Sciences Mixed Use District.

18.2.V Purpose of the CCN (Convention Center Neighborhood) Overlay District

The purpose of the CCN (Convention Center Neighborhood) Overlay District is to promote the development of the land adjacent to the Convention Center and overlooking the Mississippi River to create an inclusive, walkable, mixed-use, and mixed-income neighborhood that provides public benefits such as open spaces; district-based stormwater management systems; the incorporation of traffic analysis and planning for multi-modal transportation opportunities; affordable and workforce housing; and building design standards tailored for the development. This is to be principally accomplished through allowances for height, bulk, yard, area, parking, and uses similar to those found in Article 17. Central Business Districts.

Adopted by Ord. 27,261 MCS, §1, Jan. 20, 2017, Zoning Docket 102-16; Ord. 29285, 1-5-23, ZD 64/22

18.2.W Purpose of the SBA St. Bernard Avenue Overlay District

The purpose of the SBA St. Bernard Avenue Overlay District is to promote affordable housing, particularly for senior citizens, by allowing density and height bonuses for the provision of affordable housing.

Adopted by Ord. No. 27,459, §1, July 20, 2017, Zoning Docket 35/17

18.2.X PURPOSE OF THE MIDDLE HARRISON USE RESTRICTION OVERLAY DISTRICT

The purpose of the Middle Harrison Use District is to provide for a superior environment and a compatibility and continuity of development. The overlay district regulations are intended to supplement the regulations of the base zoning district and to limit commercial uses in order to sustain surrounding residential uses.

Adopted by Ord. No. 27,665, §2, February 8, 2018, Zoning Docket 097/17;

18.2.Y Purpose of the Coronet Court Multi-Family Housing Overlay District

The purpose of the Coronet Court Multi-Family Housing Overlay District is to promote redevelopment of existing, non-conforming multi-family structures and townhouses and promote affordable housing in the area generally bounded by Lake Forest Boulevard, Mayo Road, the Interstate 10 Service Road and the Lawrence Canal.

Adopted by Ord. 28479 MCS, 9-3-20, ZD 42/20

18.2.Z Purpose of the University Area Off-Street Parking Overlay District

The purpose of the University Area Off-Street Parking Overlay District is to preserve the neighborhoods' residential character, existing housing types, and levels of affordability, and limiting the conversion of existing affordable, market-rate, long-term housing units for full-time residents into high market-rate housing units for exclusive short-term use, by requiring off-street vehicular parking for any increase in the number of bedrooms, for all properties located in the area generally bounded by: Cecil Street to Monticello Avenue, Monticello Avenue, to Leake Avenue, to River Drive, to Riverview Drive, to East Drive, to Tchoupitoulas Street, turning south on State Street, turning east on Front Street, turning north on Nashville Avenue, turning east on 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, to Cecil Street. Within this are, only properties zoned HU-RS Historic Urban Single-Family Residential, HU-RD1 Historic Urban Two-Family Residential, HU-RD2 Historic Urban Two-Family Residential, HU-RM1 Historic Urban Multi-Family Residential and HU-RM2 Historic Urban Multi-Family Residential Districts are subject to the University Area Off-Street Parking Overlay District's requirements.

Adopted by Ord. 28848 MCS, 11-18-21, ZD 44/21; Ord. 29761 MCS, 12-14-23, ZD 45/23

18.2.AA Purpose of the Brown's Dairy Neighborhood Overlay District

The purpose of the Brown's Dairy Neighborhood Overlay District is to provide for compatibility and the preservation of certain historic urban neighborhood street corridors and adjacent historic urban residential neighborhoods. The overlay district is intended to supplement those of the base zoning district to provide for the harmony and compatibility of development and re-development over designated areas by special regulations.

Adopted by Ord. 29577, 8-16-23, Zoning Docket 41/23

18.3 SC Suburban Corridor Use Restriction Overlay District

18.3.A Applicability

1. The SC Overlay District applies to the following areas:

a. All lots with frontage on General DeGaulle Drive/Woodland Highway between the Westbank Expressway and the Intracoastal Waterway;

b. All lots with frontage on Behrman Place and Behrman Highway between General DeGaulle Drive and the Orleans Parish/Jefferson Parish boundary line;

c. All lots within the entirety of all non-residential zoning districts that abut General Meyer Avenue between Behrman Avenue and Bennett Street.
d. All lots with frontage on Chef Menteur Highway between Old Gentilly Road and the Industrial Canal.

e. All lots within the entirety of the blocks located at the intersections of the following streets with Chef Menteur Highway:

i. Press Drive;

ii. Louisa Drive;

iii. France Road.

18.3.B Use Restrictions

When allowed as a permitted use in the base zoning district, the following uses require conditional use approval in accordance with Section 4.3

1. Bar

2. Car Wash

3. Restaurant, Fast Food

4. Retail Sales of Packaged Alcoholic Beverages. Grocery stores are exempt.

Adopted by Ord. 28269 MCS, 12-5-19, ZD 78/19

18.3.C SC Sub-District Standards

The SC Sub-District applies to all lots with frontage on any of the below streets:

1. Newton Street

2. General Meyer Avenue

Adopted by Ord. 28269 MCS, 12-5-19, ZD 78/19

18.3.C.1 Floor Area Limitation Increase

Grocery stores, as described in Section 26.6, that dedicate thirty percent (30%) or more of shelf space and display area to fresh or fresh frozen foods, as described in Section 26.6, shall be entitled to an additional 5,000 square feet of floor area by right.

Adopted by Ord. 28269 MCS, 12-5-19, ZD 78/19

18.4 ENORC Eastern New Orleans Renaissance Corridor Use Restriction Overlay District

18.4.A Applicability

The ENORC Eastern New Orleans Renaissance Corridor Use Restriction Overlay District applies to:

1. All lots bounded by Bullard Avenue, Hayne Boulevard, the Jahncke Canal, and Chef Menteur Highway, and all lots fronting on the west side of Bullard Avenue between Hayne Boulevard and Chef Menteur Highway.

2. All lots with frontage on Crowder Boulevard between Hayne Boulevard and Chef Menteur Highway.

3. All lots with frontage on Read Boulevard between Hayne Boulevard and Chef Menteur Highway.

4. All lots fronting on Hayne Boulevard between Jourdan Road and Interstate 510.

5. All lots fronting on Morrison Road between Jourdan Road and Interstate 510.

6. All lots fronting on Lake Forest Boulevard between Mayo Road and Interstate 510 and continuing one block in depth along Six Flags Parkway between Interstate 510 and Michoud Boulevard.

7. All lots fronting on Bundy Road between Morrison Road and Chef Menteur Highway.

8. All lots fronting on Interstate 10 and Interstate 510 and the service roads on both sides of Interstate 10 and Interstate 510 east of the Industrial Canal.

9. All lots fronting on 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 Lake Pontchartrain.

10. All lots within the entirety of the blocks located at the intersections of the following streets with either Chef Menteur Highway or Downman Road:

a. Hayne Boulevard;

b. Morrison Road;

c. Dwyer Road;

d. Wilson Avenue;

e. Crowder Boulevard;

f. Bundy Road;

g. Read Boulevard;

h. Wright Road;

i. Bullard Avenue;

j. Interstate 510;

k. Michoud Boulevard;

l. Alcee Fortier Boulevard.

18.4.B Use Restrictions

1. When allowed as a permitted use in the base zoning district, the following uses require conditional use approval in accordance with Section 4.3:

a. Bar

b. Retail Sales of Packaged Alcoholic Beverages. Grocery stores are exempt.

c. Reception Facilities, subject to the following standards:

i. A minimum distance of five-hundred (500) fee is required between any new reception facility and the nearest residential district. The required separation distance must be measured in a straight line from the nearest point of the lot line where the reception facility is proposed.

ii. The reception facility shall submit a security and operation plan, which includes the provision of exterior security cameras, to the Department of Safety and Permits.

iii. The reception facility shall provide its own license for the service of alcholic beverages.

2. The following uses are prohibited:

a. Adult Use

b. Hotels/Motels and Hostels providing rooms for accommodation at a frequency greater than once per day.

Adopted by Ord. 28269 MCS, 12-5-19, ZD 78/19; Ord. 28892 MCS, 12-16-21, ZD 77/21,

18.4.C ENORC Sub-District Standards

The ENORC Sub-District applies to all lots with frontage on any of the below streets:

1. Hayne Boulevard

2. Downman Road

3. Morrison Road

4. Chef Menteur Highway

Adopted by Ord. 28269 MCS 12-5-19, ZD 78/19

18.4.C.1 Floor Area Limitation Increase

Grocery stores, as described in Section 26.6, that dedicate thirty percent (30%) or more of shelf space and display area to fresh or fresh frozen foods, ad described in Section 26.6, shall be entitled to an additional 5,000 square feet of floor area by right.

Adopted by Ord. 28269 MCS 12-5-19, ZD 78/19

18.5 HUC Historic Urban Corridor Use Restriction Overlay District

18.5.A Applicability

The HUC Historic Urban Corridor Use Restriction Overlay District applies to:

1. All lots within those blocks fronting on South Claiborne Avenue between Earhart Boulevard and Jackson Avenue;

2. All lots zoned non-residentially within those blocks fronting on the riverside and those blocks fronting on the lakeside of South Claiborne Avenue from Jackson Avenue to Toledano Street;

3. All lots within the entirety of the triangular shaped commercially zoned area on the riverside of South Claiborne Avenue bounded by South Claiborne Avenue, Louisiana Avenue and Toledano Street;

4. All lots within the entirety of those blocks fronting on the riverside of South Claiborne between Louisiana Avenue and Napoleon Avenue;

5. All lots zoned non-residentially within those blocks fronting on the lakeside of South Claiborne Avenue between Toledano Street and Napoleon Avenue;

6. All lots fronting on Carrollton Avenue between Leake Avenue and City Park Avenue;

7. All lots within the entirety of the blocks located at the intersections of the following streets with Carrollton Avenue:

a. Hampson Street;

b. Maple Street;

c. South Claiborne Avenue;

d. Earhart Boulevard;

e. Tulane Avenue;

f. Canal Street.

8. All lots within the area bounded by South Claiborne Avenue, Gravier Street, South Pierce Street, Interstate 10, Banks Street, South Bernadotte Street, Cleveland Avenue, South Pierce Street, Conti Street, and North Claiborne Avenue;

9. All lots within the area bounded by City Park Avenue, Conti Street, North Pierce Street, Cleveland Avenue, and a line extending along from the centerline of Cleveland Avenue from North Anthony Street to City Park Avenue;

10. All lots fronting on Earhart Boulevard between Monticello Street and South Jefferson Davis Parkway;

11. All lots fronting on North Claiborne Avenue between Tennessee Street and the Orleans Parish/St. Bernard Parish boundary line;

12. All lots fronting on St. Claude Avenue between Tennessee Street and the Orleans Parish/St. Bernard Parish boundary line;

13. All lots fronting on Gentilly Boulevard between Paris Avenue and the Peoples Avenue Canal;

14. All lots within the entirety of the blocks located at the intersections of the following streets with Gentilly Boulevard:

a. Paris Avenue;

b. Elysian Fields Avenue.

15. All lots fronting on Elysian Fields Avenue between Lake Pontchartrain and North Rocheblave Street;

16. All lots within the area bounded by St. Denis Street, Gentilly Boulevard, Norman Mayer Avenue, St. Anthony Avenue, Mandolin Street, Elysian Fields Avenue, St. Aloysius Drive, Mandeville Street, Gentilly Boulevard, Fairmont Drive, Monterey Street, and Elysian Fields Avenue.

18.5.B Use Restrictions

When allowed as a permitted use in the base zoning district, the following uses require conditional use approval in accordance with Section 4.3:

1. Bar

2. Car Wash

3. Restaurant, Fast Food

4. Gas Station

5. Indoor Amusement Facility

6. Motor Vehicle Service & Repair, Minor or Major

7. Retail Sales of Packaged Alcoholic Beverages. Grocery stores are exempt.

Adopted by Ord. 28269 MCS, 12-5-19, ZD 78/19

18.5.C HUC SUB-DISTRICT STANDARDS

The HUC Sub-District applies to all lots with frontage on any of the below streets:

1. N. Claiborne Avenue

2. St. Claude Avenue

3. General DeGaulle Drive

Adopted by Ord. 28269 MCS, 12-5-19, ZD 78/19

18.5.C.1 FLOOR AREA LIMITATION INCREASE

Adopted by Ord. 28269 MCS, 12-5-19, ZD 78/19

18.6 St. Charles Avenue Use Restriction Overlay District

18.6.A Applicability

The regulations of the St. Charles Avenue Use Restriction Overlay District apply to the following lots:

1. All lots zoned non-residentially fronting on St. Charles Avenue on squares bounded by Jefferson Avenue, Dryades Street, Dufossat Street, Baronne Street, Robert Street, Carondelet Street, Jackson Avenue, Prytania Street, Amelia Street, Pitt Street, Soniat Street, Dufossat Street, Blanc Place, Valmont Street, Pitt Street, Leontine Street, and Atlanta Street.

2. All lots zoned non-residentially bounded by St. Charles Avenue, Coliseum Street, Pleasant Street and Delachaise Street.

3. All lots zoned non-residentially located on the downriver side of Jackson Avenue inclusive from St. Charles Avenue to Prytania Street inclusive of the downtown corner lot at Jackson Avenue and Prytania Street.

4. All lots zoned residential fronting St. Charles Avenue between Jackson Avenue and Jefferson Avenue.

Adopted by Ord. 027974 MCS, Sec. 1, Jan. 10, 2019, ZD 106/18

18.6.B Use Restrictions

The following uses are prohibited:

1. Car Wash

2. New Drive-Through Facility

3. New Restaurant, Fast Food

4. Gas Station

5. Motor Vehicle Service & Repair, Minor or Major

18.6.C Conditional Uses

1. Demolition and reconstruction of, the modification to, and/or the expansion of existing Restaurant, Fast Food

2. Demolition and reconstruction of, the modification to, and/or the expansion of existing Drive-Through Facilities, ancillary to a Restaurant, Fast Food.

Adopted by Ord. 027974 MCS, Sec. 1, Jan. 10, 2019, ZD 106/18

18.6.D Demolition and Reconstruction of Existing Facilities

Notwithstanding any provisions or restrictions in this Section 18.6 or any other provision of this ordinance to the contrary, any existing and operating Restaurant, Fast Food with existing Drive-Through Facilities, either operating as nonconforming structure or nonconforming use under Article 25 or through a duly approved and active Conditional Use permit, may be demolished and reconstructed provided that it is approved and completed pursuant to the terms and conditions set forth in the Conditional Use process of Section 4.3.

Adopted by Ord. 027974 MCS, Sec. 1, Jan. 10, 2019, ZD 106/18

18.7 RDO-1 Residential Diversity Overlay District

18.7.A Applicability

1. An RDO Overlay District is intended as an overlay district to base residential districts that creates a mixed-use environment. The RDO Overlay District shall encompass an area no smaller than six (6) blocks and contain at least three (3) structures meeting the criteria of Paragraph C.1 below.

2. The RDO-1 Overlay District applies to the following area within Marigny/Bywater: All lots bounded by Esplanade Avenue, North Rampart Street/McShane Place/St. Claude Avenue, the Inner Harbor Navigation Canal, and the Mississippi River.

18.7.B 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 and the standards of Section 18.7.C below.

1. Two-family dwellings in single-family districts in accordance with the standards of Section 18.7.C.10 below.

2. Multi-family dwellings within a district that permits two-family dwellings in accordance with the standards of Section 18.7.C.10 below. 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

f. Health Club

g. Medical/Dental Clinic with a maximum of three (3) practitioners

h. Office

i. Personal Services Establishment

j. Retail Goods Establishment

l. Restaurant, Specialty

18.7.C Use Standards

1. A non-residential use authorized by the RDO-1 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 main structures that were constructed and historically used for non-residential or mixed-use purposes. Evidence of such construction and history, including but not limited to records of the Historic District Landmarks Commission and/or historic Sanborn maps, 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. Site plan and design review in accordance with Section 4.5.

The proposed restoration shall be completed prior to a certificate of occupancy for any non-residential use authorized by the RDO-1 Overlay District.

d. A structure that is clearly non-residential or mixed-use in its construction and history of use, including warehouse-style structures, former community facilities such as firehouses, educational facilities, places of worship, gas stations, and other historic commercial and mixed-use structures.

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.

3. A non-residential use authorized by the RDO-1 Overlay District is limited to hours of operation between 6:00 a.m. and 10:00 p.m. Other hours of operation may be approved through the conditional use process.

4. Non-residential uses authorized by the RDO-1 Overlay District are limited to the ground floor. Each non-residential use authorized by the RDO Overlay District is limited to two-thousand (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-1 Overlay District is exempt from all parking requirements of this Ordinance. All residential uses shall comply with parking requirements.

6. A non-residential use authorized by the RDO-1 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 Packaged Alcoholic Beverages are prohibited. A non-residential use authorized by the RDO-1 Overlay District may not serve alcoholic beverages for consumption on or off premises.

8. Any restaurant shall not store trash, prepare food, or locate service uses in a rear or interior side yard that abuts a residential use.

9. Accessory outdoor dining is prohibited except on a sidewalk, subject to approval of a temporary Sidewalk Use Permit from the Department of Safety and Permits and in accordance with standards on Section 21.8.

10. A residential use is subject to the following limitations:

a. The structure shall 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-1 Overlay District may expand, subject to the bulk and yard standards of the HU-RD1 District. A multi-family residential use authorized by the RDO-1 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 shall comply with the minimum unit size standards of eight-hundred fifty (850) square feet per dwelling unit.

d. Any residential structure constructed in compliance with the standards of the base district is prohibited from any alteration or conversion to a multi-family dwelling.

11. Non-residential uses authorized by the RDO-1 Overlay District are also subject to the use standards in Article 20.

Adopted by Ord. 27,599 MCS, §1, November 21, 2017, Zoning Docket 071-17

18.8 RDO-2 Residential Diversity Overlay District

18.8.A Applicability

2. The RDO-2 Overlay District applies to the following area within Tremé and the Sixth and Seventh Wards: all lots bounded by Orleans Avenue/Basin Street, North Villere Street, St. Philip Street, North Rampart Street/McShane Place/St. Claude Avenue, Elysian Fields Avenue, North Claiborne Avenue, St. Bernard Avenue, and North Broad Street.

18.8.B 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 and the standards of Section 18.8.C below.

1. Two-family dwellings in single-family districts in accordance with the standards of Section 18.8.C.10.

2. Multi-family dwellings within a district that permits two-family dwellings in accordance with the standards of Section 18.8.C.10. 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

f. Health Club

g. Medical/Dental clinic with a maximum of three (3) practitioners

h. Office

i. Personal Services Establishment

j. Retail Goods Establishment

k. Restaurant, Specialty

l. Restaurant, Standard

18.8.C Use Standards

1. A non-residential use authorized by the RDO-2 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 main structures that were constructed and historically used for non-residential or mixed-use purposes. Evidence of such construction and history, including but not limited to records of the Historic District Landmarks Commission and/or historic Sanborn maps, 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.

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. Site plan and design review in accordance with Section 4.5.

The proposed restoration shall be completed prior to a certificate of occupancy for any non-residential use authorized by the RDO-2 Overlay District.

3. A non-residential use authorized by the RDO-2 Overlay District is limited to hours of operation between 6:00 a.m. and 10:00 p.m. Other hours of operation may be approved through the conditional use process.

4. Non-residential uses authorized by the RDO-2 Overlay District are limited to the ground floor. Each non-residential use authorized by the RDO-2 Overlay District is limited to two-thousand (2,000) square feet in floor area. However, a non-residential use authorized by the RDO-2 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-2 Overlay District is exempt from all parking requirements of this Ordinance. All residential uses shall comply with parking requirements.

6. A non-residential use authorized by the RDO-2 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 Packaged Alcoholic Beverages are prohibited. A non-residential use authorized by the RDO-2 Overlay District may not serve alcoholic beverages for consumption on or off premises.

8. Any restaurant shall not store trash, prepare food, or locate service uses in a rear or interior side yard that abuts a residential use.

10. A residential use is subject to the following limitations:

b. A two-family residential use authorized by the RDO-2 Overlay District may expand, subject to the bulk and yard standards of the HU-RD1 District. A multi-family residential use authorized by the RDO-2 Overlay District may expand subject to the bulk and yard standards of the HU-RM1 District.

d. Any residential structure constructed in compliance with the standards of the base district is prohibited from any alteration or conversion to a multi-family dwelling.

11. Non-residential uses authorized by the RDO-2 Overlay District are also subject to the use standards in Article 20.

Adopted by Ord. 27,599 MCS, §1, November 21, 2017, Zoning Docket 071-17

18.9 AC-1 Arts and Culture Diversity Overlay District

18.9.A Applicability

The AC-1 Overlay District is intended as an overlay district to base commercial districts that creates a commercial environment with additional permissions for live entertainment. An AC-1 Overlay District shall encompass an area zoned commercially with a minimum size of two (2) contiguous blocks. The AC-1 Overlay District applies to the following areas:

1. All lots fronting Frenchmen Street between Royal Street and Esplanade Avenue, the lots fronting Decatur Street between Frenchmen Street and Esplanade Avenue, and the lots fronting the downriver side of Esplanade Avenue between North Peters Street and Decatur Street.

2. All lots in non-residential districts with frontage on Saint Bernard Avenue between North Rampart Street/McShane Place and North Roman Street.

3. All lots in non-residential districts with frontage on Broad Street between Interstate 10/Pontchartrain Expressway and Columbus Street, as well as those lots in non-residential districts with frontage on Columbus Street between North Broad Street and North Dorgenois Street.

18.9.B Uses

18.9.B.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 and Paragraphs C below.

a. Art Gallery

b. Cultural Facility

c. Indoor Amusement Facility up to a maximum of six-thousand (6,000) square feet of gross floor area

d. Live Entertainment – Secondary Use (indoors only)

e. Live Performance Venue

f. Restaurant, Standard, which may sell alcoholic beverages for consumption on premises in conjunction with meals

Adopted by Ord 28933 MCS 2-3-22, ZD 105/21

18.9.B.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 and Paragraphs C below. The authorization of Live Entertainment - Secondary Use (outdoors) shall supercede the use standards of Article 20 concerning closed doors and windows.

a. Bar, limited to two (2) Bars per blockface

b. Indoor Amusement Facility over six-thousand (6,000) square feet in floor area

c. Live Entertainment - Secondary Use (outdoors) only in the areas described in Sections 18.9.A.2 and 18.9.A.3:

All lots in non-residential districts with frontage on Saint Bernard Avenue between North Rampart Street/McShane Place and North Roman Street.
All lots in non-residential districts with frontage on Broad Street between Interstate 10/Pontchartrain Expressway and Columbus Street, as well as those lots in non-residential districts with frontage on Columbus Street between North Broad Street and North Dorgenois Street.

Adopted by Ord 28933 MCS 2-3-22, ZD 105/21

18.9.B.3 CONFLICT WITH OTHER OVERLAY DISTRICTS

When a property is within both the AC-1 Overlay District and any other overlay district and there is a conflict in the overlay districts' regulations, the regulations of the AC-1 District applies.

When a property is within both the AC-2 Overlay District and any other overlay district and there is a conflict in the overlay districts' regulations, the regulations of the AC-2 District applies.

When a property is within both the AC-3 Overlay District and any other overlay district and there is a conflict in the overlay districts' regulations, the regulations of the AC-3 District applies.

When a property is within both the AC-4 Overlay District and any other overlay district and there is a conflict in the overlay districts' regulations, the regulations of the AC-4 District applies.

Adopted by Ord. 29126, 8-12-22, ZD016/22

18.9.C Use Standards

18.9.C.1 Live Performance Venue

a. A Live Performance Venue is limited to plays and musicals.

b. A Live Performance Venue is permitted to sell alcoholic beverages for consumption on-site only one (1) hour prior to and during performances.

18.9.C.2 Live Entertainment – Secondary Use

a. All establishments providing live entertainment shall hold the appropriate Live Entertainment Permit.

b. All establishments providing indoor 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 shall hold a Class A General ABO Permit and the appropriate Live Entertainment Permit.

e. Hours of operation for outdoor live entertainment shall be 12pm to 10pm Monday thru Friday and 11am to 10pm Saturday and Sunday.

Adopted by Ord 28933 MCS 2-3-22, ZD 105/21

18.9.C.3 Restaurant

a. Musical accompaniment for patrons at a restaurant (standard or specialty), in conformance with the following use standards:

1. During the performance of any musical accompaniment, all doors and windows in the restaurant shall remain closed. Any amplification used in support of a musical accompaniment shall be directed towards the patrons of the restaurant, and not toward any door, window or outdoor space.

2. No cover charge shall be charged for any performance of any musical accompaniment.

3. Full restaurant service shall continue during the performance of any musical accompaniment.

4. No more than ten percent (10%) of a restaurant’s seating area may be dedicated to a staging area for any performance of musical accompaniment.

5. Aside from the portion of the restaurant seating area dedicated to the staging of the musical accompaniment, no restaurant seating may be removed or relocated during the performance in order to accommodate an audience and/or dance area.

6. Performance of the musical accompaniment shall not be permitted beyond 10:00 p.m. on Sundays through Wednesdays, or beyond midnight on Thursdays through Saturdays.

7. Musical accompaniment shall only be performed in the interior of a restaurant; outdoor musical accompaniment shall be subject to the general Live Entertainment – Secondary Use regulations, as applicable.

Any musical accompaniment for patrons at a restaurant that is not in conformance with the above standards shall be subject to general Live Entertainment – Secondary Use regulations, as applicable.

b. 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 shall be a minimum of fourteen (14) days apart.

18.9.C.4 Bar

Bars shall mitigate noise to those levels specified in the Noise Ordinance by soundproofing the live entertainment area.

18.10 AC-2 Arts and Culture Diversity Overlay District

18.10.A Applicability

The AC-2 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-2 Overlay District shall encompass an area zoned commercially with a minimum size of two (2) contiguous blocks. The AC-2 Overlay District applies to the following areas:

i. All lots in non-residential districts with frontage on Freret Street between Napoleon and Jefferson Avenues.

ii. All lots in non-residential districts with frontage on Newton Street between Teche Street and Behrman Avenue.

iii. All lots in non-residential districts with frontage on Teche Street, from Opelousas Avenue to the Jefferson Parish Line.

18.10.B Uses

18.10.B.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 and Paragraphs C below.

a. Art Gallery

b. Community Center

c. Cultural Facility

d. Public Market

e. Indoor Amusement Facilities up to a maximum of five-thousand (5,000) square feet of gross floor area

f. Live Entertainment – Secondary Use

g. Live Performance Venue

h. Restaurant, Standard, which may sell alcoholic beverages for consumption on premises in conjunction with meals

18.10.B.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 and Paragraphs C below.

a. Bar, limited to two (2) bars per blockface.

b. Indoor Amusement Facilities above five-thousand (5,000) square feet of gross floor area. However, indoor amusement facilities shall not exceed ten thousand (10,000) square feet of gross floor area.

18.10.C Use Standards

18.10.C.1 Live Performance Venue

a. A Live Performance Venue is limited to plays and musicals.

b. A Live Performance Venue is permitted to sell alcoholic beverages for consumption on-site only one (1) hour prior to and during performances.

c. Ticket sales are limited to the number of seats provided for the performance or the lowest rated capacity of the bar.

d. Standing room only performances are prohibited.

18.10.C.2 Live Entertainment – Secondary Use

a. All establishments providing live entertainment shall hold the appropriate Live Entertainment Permit.

b. All establishments providing live entertainment are subject to a closed doors and windows policy during any performance.

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 shall hold a Class A General ABO Permit and the appropriate Live Entertainment Permit.

18.10.C.3 Restaurant

a. Musical accompaniment for patrons at a restaurant (standard or specialty), in conformance with the following use standards:

2. No cover charge shall be charged for any performance of any musical accompaniment.

3. Full restaurant service shall continue during the performance of any musical accompaniment.

4. No more than ten percent (10%) of a restaurant’s seating area may be dedicated to a staging area for any performance of musical accompaniment.

6. Performance of the musical accompaniment shall not be permitted beyond 10:00 p.m. on Sundays through Wednesdays, or beyond midnight on Thursdays through Saturdays.

Any musical accompaniment for patrons at a restaurant that is not in conformance with the above standards shall be subject to general Live Entertainment – Secondary Use regulations, as applicable.

18.10.C.4 Bar

a. 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.

b. Bars shall mitigate noise to those levels specified in the Noise Ordinance by soundproofing the live entertainment area.

18.11 AC-3 Arts and Culture Diversity Overlay District

18.11.A Applicability

The AC-3 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-3 Overlay District shall encompass an area zoned commercially with a minimum size of two (2) contiguous blocks. The AC-3 Overlay District applies to the following areas:

1. All lots in non-residential districts with frontage on St. Claude Avenue between Press Street and Poland Avenue.

18.11.B Uses

18.11.B.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 and Paragraphs C below.

a. Art Galleries and Arts Studios, without limitations as to size

b. Community Center

c. Cultural Facility

d. Public Market

e. Indoor Amusement Facilities, limited to movie theaters, up to a maximum of five-thousand (5,000) square feet of gross floor area

f. Live Entertainment – Secondary Use

g. Live Performance Venue up to a maximum of five-thousand (5,000) square feet of gross floor area

h. Standard Restaurant with a maximum of 5,000 square feet of gross floor area, which may sell alcoholic beverages for consumption on premises in conjunction with meals

i. Artist studios

18.11.B.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 and Paragraphs C below.

a. Bars.

b. Indoor Amusement Facilities, limited to movie theaters, above five-thousand (5,000) square feet of gross floor area. However, indoor amusement facilities shall not exceed ten thousand (10,000) square feet of gross floor area.

c. Live Performance Venues above five-thousand (5,000) square feet of gross floor area.

d. Micro-Breweries

e. Micro-Distilleries

f. Wine shops

g. Wineries

Adopted by Ord. 28696 MCS, 6-3-21, ZD 16/21

18.11.C Use Standards

18.11.C.1 Live Performance Venue

a. A Live Performance Venue is permitted to sell alcoholic beverages for consumption on-site only one (1) hour prior to, during and one (1) hour after performances.

b. The provisions of Section 10.2.B.9., restricting the number of live performance venues per blockface, shall not apply within the AC-3 Arts & Cultural Overlay District.

18.11.C.2 Live Entertainment – Secondary Use

a. All establishments providing live entertainment shall hold the appropriate Live Entertainment Permit.

b. All establishments providing live entertainment are subject to a closed doors and windows policy during any performance.

d. A Bar may provide live entertainment, including a permanent area for dancing, but adult uses are prohibited. All bars providing live entertainment shall hold a Class A General ABO Permit and the appropriate Live Entertainment Permit.

e. The provisions of Section 10.2.B.7., restricting the number of live entertainment, secondary uses per blockface, shall not apply within the AC-3 Arts & Cultural Overlay District.

18.11.C.3 Restaurant

a. Musical accompaniment for patrons at any restaurant (standard or specialty), shall be permitted in conformance with the following standards:

i. During the performance of any musical accompaniment, all doors and windows in the restaurant shall remain closed. Any amplification used in support of a musical accompaniment shall be directed toward the patrons of the restaurant, and not toward any door, window, or outdoor space.

ii. No cover charge shall be charged for any performance of musical accompaniment.

iii. Full restaurant service shall continue during the performance of any musical accompaniment.

iv. No more than ten percent (10%) of a restaurant’s seating area may be dedicated to a staging area for any performance of musical accompaniment.

v. Aside from the portion of the restaurant seating area dedicated to staging of the musical accompaniment, no restaurant seating area may be removed or relocated during the performance in order to accommodate an audience and/or dance area.

vi. Performance of the musical accompaniment shall not be permitted beyond 10:00p.m. on Sundays through Wednesdays, or beyond midnight on Thursdays through Saturdays.

vii. Musical accompaniment shall only be performed in the interior of the restaurant; outdoor musical accompaniment shall be subject to the general Live Entertainment – Secondary Use regulations, as applicable.

Any musical accompaniment for patrons at a restaurant that is not in conformance with the above standards shall be subject to general Live Entertainment – Secondary Use regulations, as applicable.

c. Restaurants are limited to a maximum of five-thousand (5,000) square feet of gross floor area.

d. Restaurants shall close by 11:00 p.m. on Sunday through Thursday, or by 1:00a.m. on Friday and Saturday.

18.11.C.4 Bar

a. Bars shall mitigate noise to those levels specified in the Noise Ordinance by soundproofing the live entertainment area.

18.11.C.5 Indoor Amusement Facility

a. An Indoor Amusement Facility is permitted to sell alcoholic beverages for consumption on-site only one (1) hour prior to and one (1) hour after movie showings or other events.

18.11.C.6 Community Center, Cultural Facility, Micro-Brewery, Micro-Distillery or Wine Shop

a. Musical accompaniment for patrons at a community center, cultural facility, micro-brewery, micro-distillery, wine shop, or winery shall be permitted in conformance with the following standards:

i. During the performance of any musical accompaniment, all doors and windows in the establishment shall remain closed. Any amplification used in support of a musical accompaniment shall be directed toward the patrons of the restaurant, and not toward any door, window, or outdoor space.

ii. No cover charge shall be charged for any performance of any musical accompaniment.

iii. No more than ten percent (10%) of seating area may be dedicated to a staging area for any performance of musical accompaniment.

iv. Aside from the portion of the seating area dedicated to staging of the musical accompaniment, no seating area may be removed or relocated during the performance in order to accommodate an audience and/or dance area.

v. Performance of the musical accompaniment shall not be permitted beyond 11:00p.m. on Sundays through Thursday, or beyond 1:00a.m. on Fridays and Saturdays. Other hours may be approved through the conditional-use process.

vi. Musical accompaniment shall only be performed in the interior of the establishment; outdoor musical accompaniment shall be subject to the general Live Entertainment – Secondary Use regulations, as applicable.

Any musical accompaniment for patrons at a community center, cultural facility, micro-brewery, micro-distillery, wine shop, or winery that is not in conformance with the above standards shall be subject to general Live Entertainment – Secondary Use regulations, as applicable.

b. A Special Event Permit may temporarily relieve a community center, cultural facility, micro-brewery, micro-distillery, wine shop, or winery from standards of this section. Special Events Permits are limited to no more than ten (10) time a year for a total of thirty (30) days per year. Performances permitted by a Special Event Permit shall be a minimum of fourteen (14) days apart.

Adopted by Ord. 28696 MCS, 6-3-21, ZD 16/21

18.11.C.7 Premises with Alcoholic Beverage Permits

a. All establishments with alcoholic beverage permits must submit a litter abatement plan inclusive of the placement of an outdoor trash receptacle for the approval of the Department of Sanitation. The approved litter-abatement plan shall be submitted to the Department of Safety and Permits prior to the issuance of a Certificate of Use and Occupancy.

b. All non-glass drink containers used by establishments with alcoholic beverage permits must feature the establishment’s logo.

18.12 AC-4 Arts and Culture Diversity Overlay District

18.12.A Applicability

The AC-4 Overlay District is intended to create an environment with additional opportunities for live entertainment at commercially-zoned sites along commercial corridors, as well as at small sites with commercial zoning that are interspersed within neighborhoods where arts and cultural uses have historically existed. The AC-4 Overlay District applies to the following area:

1. All lots in non-residential districts bounded by Orleans Avenue/Basin Street, North Villere Street, St. Philip Street, North Rampart Street, St. Bernard Avenue (excluding properties that have frontage on St. Bernard Avenue), and both sides of North Claiborne Avenue.

18.12.B Uses

18.12.B.1 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 and Paragraph C below.

a. Live Entertainment – Secondary Use

18.12.C Use Standards

18.12.C.1 Live Entertainment – Secondary Use

a. All establishments providing live entertainment shall hold the appropriate Live Entertainment Permit.

b. All establishments providing live entertainment are subject to a closed doors and windows policy during any performance.

e. Live entertainment performances are restricted to the hours between 10:00 a.m. and 12:00 Midnight on all days, provided that additional hours of operation may be considered and granted through the conditional use process.

18.12.C.2 Restaurant

a. Musical accompaniment for patrons at a restaurant (standard or specialty), in conformance with the following use standards:

2. No cover charge shall be charged for any performance of any musical accompaniment.

3. Full restaurant service shall continue during the performance of any musical accompaniment.

4. No more than ten percent (10%) of a restaurant’s seating area may be dedicated to a staging area for any performance of musical accompaniment.

6. Performance of the musical accompaniment shall not be permitted beyond 10:00 p.m. on Sundays through Wednesdays, or beyond midnight on Thursdays through Saturdays.

Any musical accompaniment for patrons at a restaurant that is not in conformance with the above standards shall be subject to general Live Entertainment – Secondary Use regulations, as applicable.

18.13 RIV Riverfront Design Overlay District

18.13.A Development Plan and Design Review Required

Development plan and design review is required for any new structure, addition, or enlargement in accordance with the thresholds of applicability in Section 4.5.

Adopted by Ord. 27,674 MCS, §2, March 6, 2018, Zoning Docket 085-17

18.13.B RIV Overlay District Sub-Districts and Areas of Applicability

The RIV Overlay District contains the following sub-districts and areas of applicability:

1. RIV-1 Lower Garden District Sub-District.

The RIV-1 Lower Garden District Sub-District applies to all lots, excluding those developed with single-family or two-family dwellings, in the area bounded by Jackson Avenue, Tchoupitoulas Street, Orange Street, and the Mississippi River.

2. RIV-2 Algiers Sub-District

The RIV-2 Algiers Sub-District applies to all lots, excluding those developed with single-family or two-family dwellings, in the area bounded by Brooklyn Avenue, Powder Street, Pelican Avenue, a line extending from the centerline of Pelican Avenue to the Mississippi River, the Mississippi River, and the Orleans Parish/Jefferson Parish boundary line.

3. RIV-3 Bywater Sub-District

The RIV-3 Bywater Sub-District applies to all lots, excluding those developed with single-family or two-family dwellings, in the area bounded by the Mississippi River, the Inner Harbor Navigation Canal, a line extending from the centerline of Chartres Street between Poland Avenue and the center of the Inner Harbor Navigation Canal, Chartres Street, the centerline of Homer Plessy Way at the intersection with Chartres Street, and a line from Homer Plessy Way to the Mississippi River.

4. RIV-4 Marigny Sub-District

The RIV-4 Marigny Sub-District applies to all lots, excluding those developed with single-family or two-family dwellings, in the area bounded by the Mississippi River, a line extending from the Mississippi River to the centerline of Homer Plessy Way at the intersection with Chartres Street, Chartres Street, St. Ferdinand Street, Decatur Street, Elysian Fields Avenue, Chartres Street, the rear property line of lots with any frontage on Elysian Fields Avenue, N. Peters Street, the centerline of Esplanade Avenue at N. Peters Street, and a line extending from Esplanade Avenue to the Mississippi River.

Adopted by Ord. 27,674 MCS, §2, March 6, 2018, Zoning Docket 085-17

18.13.C 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 shall be included as part of a cohesive streetscape design. These include coordinated paving, design treatments for the pedestrian level, street lighting, and street furniture. The streetscape design shall be coordinated with the building design.

2. Where possible, loading and service areas shall be internal to the development block and accessed through service corridors and not through pedestrian-oriented streets.

18.13.D Protection of View Corridors

1. No development may be located to block the view of the riverfront from any public right-of-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 along such rights-of-way shall be the same width as the public street and continue to the riverfront through the overlay district as a straight line extension of the street. The site plan submitted for site plan and design review shall indicate the location of any view corridor within the development site.

2. Building projections, including but not limited to balconies, galleries, and overhangs, 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 façade abutting the view corridor.

3. Landscaping, exterior lighting, or other outdoor public amenities may be located within the view corridor to enhance the environment.

4. When permitted in the base zoning district, parking lots are permitted within a view corridor, provided that such parking does not encroach into the twelve (12) foot minimum public access areas.

18.13.E Standards for Riverside of Floodwall or Levee

18.13.E.1 Riverfront Promenade

a. A public access promenade shall be established by a servitude of no less than twenty-five (25) feet in width, of which a minimum of twelve (12) feet shall be a permanently constructed promenade. Such promenades shall include, at a minimum, a marked path for walking and/or walking and bicycling. Those areas of the twenty-five (25) foot servitude that do not consist of a permanently constructed promenade shall 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 it is demonstrated that doing so is functionally justified. Promenade servitudes shall be recorded in the office of the Clerk of Court of the Orleans Parish Civil District Court within one (1) month of approval by the Executive Director of the City Planning Commission and a copy of the recordation receipt shall be provided to the Executive Director.

b. Servitude improvements shall 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 shall coincide with the completion of the adjacent development on the property.

c. Public access corridors providing connections between public streets abutting a riverfront property and a riverfront promenade shall be established. All public access corridors shall be included in the pedestrian promenade servitudes for the property where they are located and shall be recorded with the deed of the property in the manner set forth above. The widths of such required corridors may vary but shall be a minimum of twelve (12) feet in width and should exceed that width when feasible. They shall be open to the public and free of gates or other impeding obstacles, and shall provide constructed and marked paths for walking or for walking and bicycling. The property owner or the City may erect signs on these corridors to promote access and to provide rules and regulations for public use. Adequate lighting of these corridors, consistent with that of the promenade, is also required.

d. No motor vehicles are permitted to use or cross the promenade or access corridor, except for emergency or necessary repair purposes. Any proposed road crossing of the promenade, either public or private, requires City Planning Commission approval.

e. No mechanical or service equipment or service access may be located adjacent to the promenade servitude without full permanent screening.

18.13.E.2 Building Orientation Requirements

a. Blank walls along view corridors and promenades are prohibited. Primary or secondary building entrances are encouraged to be located on façades facing the promenade.

b. The ground story façade of structures facing a promenade maintain a transparency of forty percent (40%). Windows shall be constructed of clear or lightly tinted glass. Tinting above twenty percent (20%) or reflective glass is prohibited.

c. No overhead service doors or bays may face the promenade. Loading and service areas shall be internal to the development block and accessed through service corridors and not through pedestrian-oriented streets or promenades.

18.13.F RIV-1 Lower Garden District Sub-District Standards

The following standards apply to the landside of the floodwall or levee:

Adopted by Ord. 27,674 MCS, §2, March 6, 2018, Zoning Docket 085-17

18.13.F.1 Design Standards

a. Buildings shall generally be built along the lot lines along the major access corridors.

b. Pedestrian and main entrances shall be located on the major corridor. Curb cuts should be located on the side streets, if possible.

c. Except for single-family and two-family dwellings, buildings shall contain ground floor commercial or institutional uses.

d. Building façades shall contain variation in façade materials, offsets, fenestration, etc. in order to eliminate blank walls along the corridors.

e. Developments shall contribute to traffic signaling or lane striping if deemed necessary by the Director of the Department of Public Works.

f. Buildings shall be designed with galleries, awnings, canopies, and other weather protection devices.

g. Historic buildings shall be retained and reused to the greatest extent possible.

h. To the greatest extent possible, site and building design under this Section should be crafted so as to complement the design of the adjacent structures.

Adopted by Ord. 27,674 MCS, §2, March 6, 2018, Zoning Docket 085-17

18.13.G RIV-2 Algiers Sub-District Standards

The following standards apply to the landside of the floodwall or levee:

Adopted by Ord. 27,377 MCS, §10, April 28, 2017, Zoning Docket 007-17; Ord. 27,674 MCS, §2, March 6, 2017, Zoning Docket 085-17;

18.13.G.1 Design Standards