18.8 RDO-2 Residential Diversity Overlay District

18.8.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-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.

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-2 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-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.

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 the standards of 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-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.

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-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