New Orleans Comprehensive Zoning Ordinance

Printed: 3/29/2024 1:54:06 AM

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:

 

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.