New Orleans Comprehensive Zoning Ordinance

Printed: 4/17/2024 10:54:22 PM

19.4.A Interim Zoning District(s) (IZD)

19.4.A.1 Open Space Permeability IZD (Expired 06/08/17)

Purpose of the District. The purpose of the interim zoning district (IZD is to create alternative standards to the Maximum Lot Coverage standards currently provided in the Bulk and Yard Tables for the various districts listed below and to substitute requirements for Minimum Permeable Open Space in the District "Bulk and Yard Tables" listed herein. Additionally, the IZD establishes new definitions for Permeable Open Space, Impervious Surface and Permeable Paving when utilizing these standards.
Area of Applicability. This interim zoning district applies city wide within the zoning districts listed below:
Rural Development Districts
Historic Core Neighborhoods Residential Districts
Historic Urban Neighborhoods Residential Districts
Historic Urban Neighborhoods Non-Residential Districts
Suburban Neighborhoods Residential Districts
Suburban Neighborhoods Non-Residential Districts
Commercial Center and Institutional Campus Districts
Centers for Industry Districts
Appeals. Any appeal for a variance from the requirements of this district shall be submitted to the City Planning Commission for their review and recommendation in compliance with Article 4.3 of the Comprehensive Zoning Ordinance.

Initiated by Motion No. M-15-367; Zoning Docket 81/15; Adopted by Ord. No. 26,726 M.C.S., Dec. 8, 2015; Extended by Ord. No. 27,213 M.C.S. until June 8, 2017

19.4.A.2 Adult Live Performance Venue Interim Zoning District (expired 05/15/18)

Intent of the District

The intent of the IZD is to temporary classify Adult Live Entertainment Venue as Conditional Uses in the VCE District.

Boundaries

This IZD applies to the VCE Vieux Carre Entertainment District.

Uses Permitted

In the IZD, Adult Live Performance Venues are Conditional Uses.
Please refer to Table 10-1.

Initiated by Motion No. M-16-21; Zoning Docket 18/16; Adopted by Ord. No. 26,921 M.C.S., May 27, 2016; Extended by Ord. Nos. 27,444 M.C.S. and 27,604 M.C.S. until May 15, 2018

19.4.A.3 Algiers Interim Zoning District (expired 09/20/17)

A. Purpose of the District. The intent of the Algiers Interim Zoning District is to limit development in certain S-RM1 Multi-Family Zoning Districts in order to allow for the adoption of appropriate building design standards for multiple-family developments which promote the general health, safety, and welfare of the community.

B. Area of Applicability. The Algiers Interim Zoning District applies to all properties currently zoned S-RM1 Multi–Family Residential District generally bounded by MacArthur Boulevard, Berkley Drive on the north, the Intercoastal Waterway on the east, the Donner Canal, Tullis Drive and Behrman Highway on the south and Sienne Court and Nevada Street on the west.

C. Regulations.

The Algiers Interim Zoning District prohibits the establishment of any uses other than those authorized in the S-RM2 Multi-Family Residential District as permitted by right (main or accessory) or those classified as conditional (only after having obtained conditional use approval from the City Council).
All permitted and conditional uses in the Algiers Interim Zoning District shall be subject to the bulk and yard regulations and the additional design standards of the S- RM2 Multi-Family Residential District.

D. Appeals. Any appeal from the requirements of this district shall be submitted to the City Planning Commission for their review and recommendation in compliance with Article 4.3 of the Comprehensive Zoning Ordinance.

Initiated by Motion No. M-16-75; Zoning Docket 38/16; Adopted by Ord. No. 27,055 M.C.S., Sept. 20, 2016

19.4.A.4 Lower Ninth Ward Redevelopment Interim Zoning District (expired 04/17/2018)

Intent of the District

The intent of the Lower Ninth Ward Redevelopment Interim Zoning District is to establish standards for the redevelopment of non-conforming lots in the Lower Ninth Ward Neighborhood.

Boundaries

This IZD applies to the areas currently zoned S-RS Surburban Single-Family Residential District and S-RD Suburban Two-Family Residential District, generally bounded by St. Claude Avenue, the Industrial Canal, Florida Avenue, and the Orleans/St. Bernard Parish Line.

Existing Non-Conforming Lots

On an existing non-conforming lot within the IZD, which does not meet the minimum base requirement for lot width, the development of a single-family residence is permitted, regardless of whether the lot is in common ownership with an adjacent property.
On an existing non-conforming lot within the IZD, which does not meet the minimum base requirement for lot width, the development of a two-family residence is permitted where permitted by the underlying zoning, regardless of whether the lot is in common ownership with an adjacent property.

Front Yard Requirement

Within the IZD, the front yard build-to line shall be ten (10) feet, with a permitted variation of three (3) feet plus or minus to provide variation on the block face.

Off-Street Requirement

Within the IZD, a single-family residence shall be exempt from the minimum off-street parking requirements of Article 22.
Within the IZD, a two-family residence shall be required to provide one (1) off-street parking space.

Appeals

Any appeal from the requirements of this district shall be submitted to the City Planning Commission for their review and recommendation in compliance with Article 4.3 of the Comprehensive Zoning Ordinance.

Initiated by Motion No. M-16-592; Zoning Docket 11/17; Adopted by Ord. No. 27,356 M.C.S., Apr. 17, 2017

19.4.A.5 Riverfront Gateway Design Standards and Height Limit Increases Interim Zoning District (expired 05/02/18)

Intent of District

The intent of the interim zoning district is to prohibit the applicability of Section 18.13.G, Riverfront Gateway Design Standards and Height Limit Increases, of the Comprehensive Zoning Ordinance.

Boundaries

This IZD applies to the area bounded by Esplanade Avenue, a line extending from the centerline of Esplanade Avenue between North Peters Street and the center of the Mississippi River, 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, St. Ferdinand Street, Decatur Street, Elysian Fields Avenue, Chartres Street, the rear property line of lots with any frontage on Elysian Fields Avenue, Decatur Street, Frenchmen Street, and Decatur Street on the East Bank of the Mississippi River.

Land use intensity, yard, lot area, and similar requirements

The IZD prohibits the applicability of Section 18.13.G of the Comprehensive Zoning Ordinance to the affected area. All other zoning regulations remain in effect.

Appeals

Any appeal to the regulations of this IZD shall be made in accordance with the applicable procedures in Article 4 of the Comprehensive Zoning Ordinance.

Initiated by Motion No. M-16-606; Zoning Docket 15/17; Adopted by Ord. No. 27,376 M.C.S., May 2, 2017

19.4.A.6 Residential District Preservation Interim Zoning District (expired 05/11/19)

Intent of the interim zoning district

The intent of the interim zoning district is to temporarily change the use regulations for hostels from a permitted use to a conditional use in the C-1 Districts for those uses that are adjacent to a residential district.

Delineation of interim district boundaries

The Interim Zoning District applies to all C-1 Districts that are adjacent to a residential district.

Uses permitted and limitations on uses

In C-1 Districts adjacent to residential districts, hostels are conditional uses. All other permitted, conditional, and prohibited uses within the C-1 District would subject to the base zoning district regulations.

Land use intensity, yard, lot area, and similar requirements

The regulations pertaining to bulk and yard requirements for uses in the interim zoning district remain those imposed by the base zoning district.

Special provisions necessary to the accomplishmnet of the intended intent and purpose of the district (i.e. landscaping requirements, site plan review, etc.)

There are no special provisions necessary as part of this interim zoning district.

Submittal requirements

The are no special submittal requirements.

Appeal procedure

Appeals of determinations made by the Department of Safety and Permits as to the applicability of the Interim Zoning District to any particular property are to be appealed in accordance with Article 4, Section 4.8 of the Comprehensive Zoning Ordinance.

Initiated by Motion No. M-17-559; Zoning Docket 6/18; Adopted by Ord. No. 27,759 M.C.S., May 11, 2018

19.4.A.7 Algiers Riverfront Interim Zoning District (Expired 03/16/21)

A. Intent of District. The intent of the Algiers Riverfront Interim Zoning District is to ensure that proposed uses and designs are compatible with and preserve the character and integrity of the boundaries in Algiers as provided herein, and to safeguard that no use or design is detrimental to the historic properties in the vicinity until a comprehensive vision for the future of Algiers is developed by its residents in collaboration with the City.

B. Boundaries. The restrictions contained herein shall apply to all lots within the following boundaries: from the Mississippi River at the Orleans Parish/Jefferson Parish line to Brooklyn Avenue, continuing along Brooklyn Avenue, including Brooklyn Avenue becoming Powder Street, continuing along Powder Street to Pelican Avenue, continuing along Pelican Avenue to Bouny Street, continuing along Bouny Street to Morgan Street, continuing along Morgan Street until it becomes Patterson Road, continuing in the easterly direction along Patterson Street right-of-way to the Bermuda Street right-of-way, and from the Bermuda Street right-of-way north to the Mississippi River.

C. Limitations on Uses. The use restrictions contained herein shall apply in addition to the use restrictions provided by the Comprehensive Zoning Ordinance for each base zoning district and overlay district, an in a conflict the heightened restrictions shall prevail.

a. The following use is prohibited:

i. Gas Station

b. The following uses require conditional use approval by the City Council:

i. Amusement Facilities, Indoor

ii. Amusement Facilities, Outdoor

iii. Auditorium

iv. Bar

v. Check Cashing Establishment

vi. Cultural Facility

vii. Food Processing

viii. Funeral Home

ix. Hostel

x. Hotel/Motel

xi. Live Entertainment, Secondary Use

xii. Live Performance Venue

xiii. Manufacturing, Light

xiv. Motor Vehicle Service Repair, Minor

xv. Movie Studio

xvi. Warehouse

D. Building Design Limitations. The following building design standards and requirements shall apply to any use within the boundaries of the Algiers Riverfront Interim Zoning District:

a. Regardless of any law to the contrary, the height shall be limited to 40 feet and no more than three stories and the density as provided in the correlating base zoning district;

b. In MU-1 and MU-2 base zoning districts, the building design standards shall be as provided in the HU-MU district.

E. Appeal Procedure. Any appeal to the regulations of this IZD shall be made in accordance with the applicable procedures in Article 4 of the Comprehensive Zoning Ordinance.

Initiated by Motion No. M-18-438; Zoning Docket 136/18; Adopted by Ord. No. 28,020 M.C.S., Mar. 21, 2019; Extended by Ord. Nos. 28,314 M.C.S. and 28,461 M.C.S. until Mar. 16, 2021

19.4.A.8 Short Term Rental Interim Zoning District (EXPIRED 12/01/20)

Intent. The intent of the Short Term Rental Interim Zoning District is to temporarily prohibit the issuance or renewal of certain types of Short Term Rental permits or licenses while the City Planning Commission studies the impact and considers revisions to the existing Short Term Rental regulations.
Boundaries. The Short Term Rental Interim Zoning District applies to the Historic Core and Historic Urban zoning districts, both residential and non-residential, the Central Business District zoning districts, the MU-1 Medium Intensity Mixed-Use District, and the MU-2 High Intensity Mixed-Use District.
Limitation on Uses. The Short Term Rental Interim Zoning District prohibits:
1. Any issuance or renewal of a Temporary Short Term Rental permit or license, effectively modifying Article 21, Section 21.8.C.
2. Any issuance of a Commercial Short Term Rental permit or license for STR-use on the first floor of a multi-story, multi-family, non-residential, or mixed-use building, with the exception of single-family dwellings and two-family dwellings, effectively modifying Article 10, Section 10.2.A - Permitted and Conditional Uses, Article 12, Section 12.2.A - Permitted and Conditional Uses, Article 15, Section 15.2.A - Permitted and Conditional Uses, and Article 17, Section 17.3.A - Permitted and Conditional Uses.
Submittal Requirements. Every appeal shall be made on the forms provided by the City, and shall be accompanied by the payment of the appropriate filing fee, and the data required in such form. The completeness of appeal application shall be determined and the appellant or applicant shall be appropriately notified in accordance with Article 3, Section 3.2.B. of the Comprehensive Zoning Oridnance. The Executive Director of the City Planning Commission may request from the appellant or applicant such additional information and data as may be required to fully advise the Commission, whether such information and data is called for by the official forms or not.
Appeal Procedure. Appeals shall be submitted to the Executive Director of the City Planning Commission, whose staff shall review and make recommendations relative to the appeal within sixty (60) days of receipt, utilizing the following review standards:
1. Is the required appeal compatible with the surrounding land uses and structures?
2. Does the requested appeal provide for an efficient use of land?
3. Will granting the requested appeal increase traffic and safety hazards?
4. Does the requested appeal provide for an efficient parking layout?
5. Will the requested appeal increase community environmental impacts?

The Council shall have sixty (60) days from receipt of recommendation to approve, deny, or modify the appeal recommendation by motion.

Initiated by Motion No. M-18-195; Zoning Docket 86/18, 26/19 & 27/19; Adopted by Ord. Nos. 27,898 M.C.S., Oct. 24, 2018 (Extended by Ord. No. 28,138 M.C.S. until 28,156 M.C.S. takes effect), and 28,156 M.C.S., Aug. 16, 2019 (Effective Dec. 1, 2019)

19.4.A.9 Lower Ninth Ward Housing Development Interim Zoning District (Expired 05/17/20)

A. Intent of the District

The intent of the Lower Ninth Ward Redevelopment Interim Zoning District is to establish standards for the redevelopment of non-conforming lots in the areas zoned S-RS Suburban Single Family Residential District and S-RD Suburban Two-Family Residential District in the Lower Ninth Ward neighborhood which recently received new Future Land Use Map designations in the Master Plan.

B. Boundaries

This IZD applies to the areas currently zoned S-RS Suburban Single-Family Residential District and S-RD Suburban Two-Family Residential District, generally bounded by North Claiborne Avenue, the Industrial Canal, Florida Avenue and Delery Street.

C. Existing Non-Conforming Lots

a. On an exising non-conforming lot within the IZD, which does not meet the minimum base requirement for lot width, the development of a single-family residence is permitted, regardless of whether the lot is in common ownership with an adjacent property.

b. On an existing non-conforming lot within the IZD, which does not meet the minimum base requirement for lot width, the development of a two-family residence is permitted where permitted by the underlying zoning district, regardless of whether the lot is in common ownership with an adjacent property.

D. Front Yard Requirement

a. Within the IZD, the front yard build-to line shall be ten (10) feet, with a permitted variation of plus or minus three (3) feet in order to provide variation on the block face.

E. Off-Street Parking Requirement

a. Within the IZD, a single-family residence shall be exempt from the minimum off-street parking requirements of Article 22.

b. Within the IZD, a two-family residence shall be required to provide one (1) off-street parking space.

F. Appeals

Initiated by Motion No. M-18-503; Zoning Docket 9/19; Adopted by Ord. No. 28,077, M.C.S., May 17, 2019

19.4.A.10 Vieux Carre Height Interim Zoning District (Expired 01/12/22)

A. Intent of the District

The intent of the Vieux Carré Height Interim Zoning District is to modify the maximum building height regulations to preserve the historic development pattern of the Vieux Carré.

B. Boundaries

The Vieux Carré Height Interim Zoning District applies to the VCR-1 Vieux Carré Residential District, VCR-2 Vieux Carré Residential District, VCC-1 Vieux Carré Commercial District, VCC-2 Vieux Carré Commercial District, VCE Vieux Carré Entertainment District, VCE-1 Vieux Carré Entertainment District, VCS Vieux Carré Service District, VCS-1 Vieux Carré Service District, and VCP Vieux Carré Park District.

C. Building Height Limitations

The maximum building height shall be limited to the current height of the existing structure, as defined by Article 26, or if the property is currently undeveloped or vacant, either of the following methods shall be used to calculate the maximum height; however, in no case shall the building height exceed fifty (50) feet. Existing structures are ineligible for increases to building height using these methods:

The height of the previous structure, as indicated on the most recent survey or Sanborn maps; or
The average of the height of the adjacent principal structures on either side. Averaging is based on the two (2) adjacent lots, or in the case of a corner lot, two (2) neighboring lots on the same blockface. In the case of a lot configuration where only one (1) lot is available for averaging, the maximum building height is that of the adjacent lot.

D. Appeal Procedure

Appeals shall be submitted to the Executive Director of the City Planning Commission, whose staff shall review, in consultation with the staff of the Vieux Carré Commission regarding appropriateness and impacts to the tout ensemble, and make recommendations relative to the appeal within sixty (60) days of receipt of a complete application, utilizing the following review standards:

Is the requested appeal compatible with the surrounding structures in terms of height, mass, and lot coverage?
Would the requested appeal adversely affect the existing development patterns on the subject blockface(s)?
Do special conditions and circumstances exist that are peculiar to the land or structure involved and are not generally applicable to other lands or structures in the same district? The special conditions do not result from the actions of the applicant or any other person who may have had an interest in the property.

Every appeal shall be made on the forms provided by the City and shall be accompanied by the payment of the appropriate filing fee and the data required in such form. The Executive Director of the City Planning Commission may request from the appellant or applicant such additional information and data as may be required to fully advise the Council, whether such information and data is called for by the official forms or not. Proposed building heights that exceed 50 feet cannot appeal the IZD but shall instead file a variance application with the Board of Zoning Adjustments in accordance with Article 4, Section 4.6. The Council shall have sixty (60) days from receipt of recommendation to approve, deny, or modify the appeal recommendation by motion.

Initiated by Motion No. M-19-498; Zoning Docket 18/20; Adopted by Ord. No. 28,410 M.C.S., July 22, 2020; Extended by Ord. No. 28,719 M.C.S. until Jan. 12, 2022

19.4.A.11 University Area Interim Off-Street Parking Zoning District (Expired 09/24/21)

A. Intent of the District

The intent of the University Area Interim Off-Street Zoning District is to implement temporary restrictions to increase the off-street vehicular parking requirements for dwellings located in the study area.

B. Boundaries

The University Area Interim Off-Street Zoning District applies to all lots bounded by: lakeside of Saint Charles Avenue, downtown side of South Carrollton Avenue, riverside of South Claiborne Avenue, and both sides of Audubon Street (excluding the portion between Plum Street and Zimple Street that exists solely within Tulane's campus.

C. Off-Street Parking Requirements

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

a. One (1) off-street parking space is required per bedroom. "Bedroom" shall be defined as en enclosed room designed for, and outfitted to be used for sleeping. A bedroom shall not be a shared space or a space designed for or outfitted to be used for any purpose other than sleeping of guests (e.g.. kitchens, dining rooms, living rooms, parlors, attics, offices, game rooms, or utility rooms).

b. This off-street parking requirement shall apply to new construction, and any renovations of existing structures that result in an increase in existing bedrooms, as determined by the Department of Safety and Permits.

c. The applicable Exemptions and Flexibilities provided in Section 22.5 of the Comprehensive Zoning Ordinance shall not be applicable to dwellings within the boundaries of this Interim Zoning District. Waivers of these requirements shall not be permitted.

D. Appeal Procedure

Appeals shall be submitted to the Executive Director of the City Planning Commission, whose staff shall review and make recommendations relative to the appeal within sixty (60) days of receipt, utilizing the following standards and criteria:

a. The number of existing bedrooms and if off-street parking currently provided

b. The proposed increase in bedrooms (the reconfiguration of the interior), and if off-street parking can be created on the lot of record.

c. Whether the increase in bedrooms is to support affordable housing?

d. If off-street parking can be created on the lot of record, is it a permissible parking layout (per the Comprehensive Zoning Ordinance), or are variances required to effectuate off-street parking. If variances are needed, are the standards for variance met as provided in Article 4 of the Comprehensive Zoning Ordinance?

e. Will granting the appeal increase community environmental impacts, for example, the extent on-street parking will be impacted/eliminated with a new, off-street parking curb cut?

f. Whether, after consultation with the Department of Public Works, the off-street parking configuration is permissible pursuant to the applicable provisions of the Code of the City of New Orleans?

Every appeal shall be made on the forms provided by the City, and shall be accompanied by the payment of the appropriate filing fee, and the data required in such form. The Executive Director of the City Planning Commission may request from the appellant or applicant such additional information and data as may be required to fully advise the Council, whether such information and data is called for by the official forms or not.

The Council shall have sixty (60) days from receipt of recommendation to approve, deny, or modify the appeal recommendation by motion.

Initiated by Motion No. M-20-80; Zoning Docket 50/20; Adopted by Ord. No. 28,496 M.C.S., Sept. 24, 2020

19.4.A.12 Lower Ninth Ward Off-Street Parking Interim Zoning District (EXPIRED 01/21/22)

Intent: The intent of the Lower Ninth Ward Off-street Parking Interim Zoning District is to establish off-street parking requirements for the redevelopment of lots in the Lower ninth Ward neighborhood.

Boundaries: This interim zoning district applies to the areas currently zoned HU-RD2 Historic Urban Two-Family Residential District or HU-MU Historic Urban Neighborhood Mixed Use District in the area generally bound by N. Rampart Street, the Industrial Canal, Florida Avenue, and the Orleans/St. Bernard Parish line.

Off-street Parking Requirements:
1. All two-family dwellings on lots forty-six (46) feet or less will be required to provide (1) off-street parking space.
2. All single and two-family dwellings on lots of thirty-five (35) feet or less in lot width are not required to provide off-street parking
3. The applicable Exemptions and Flexibilities provided in Section 22.5 of the CZO shall still be applicable to dwellings and dwelling units within the boundaries of this IZD.

Tree Planting Requirements:
1. On any lot where the development of a single or two-family dwelling is taking advantage of the reduced parking requirement afforded through this IZD, a front yard tree planting shall be required if a front yard depth of five feet (5 ft.) or more is provided. If the front yard to be provided is twenty feet (20 ft.) in depth or greater, one (1) shade tree for every forty feet (40 ft.) of lot width shall be planted. If the front yard to be provided is between five feet (5 ft.) and twenty feet (20 ft.) one ornamental tree for every twenty-five feet (25 ft.) of lot width shall be planted. If the front yard is between zero feet (0 ft.) and five feet (5 ft.), street trees shall be planted in accordance with specifications of and approval by the Department of Parks and Parkways. Shade trees are defined as having a height of forty feet (40 ft.) and over at maturity; ornamental trees are defined as having a height of less than forty feet (40 ft.) at maturity. Trees shall be planted at sizes in accordance with Section 23.5.C of the Comprehensive Zoning Ordinance. If front yard tree planting is not feasible, street trees shall be planted in lieu of front yard trees in accordance with specifications of and approval by the Department of Parks & Parkways.

Front Yard Requirement:
1. Within the IZD, the front yard build-to line shall be ten feet (10 ft.) with a permitted variation of plus or minus three feet (3 ft.) in order to provide variation on the block face, where less than 50% of the lots on the blockface are currently developed. If 50% or more of the lots on the blockface are developed, the front yard setback may be less than ten feet (with 3 ft. variation) if calculated by one of the other methods allowed by the underlying zoning ordinance.

Appeal Procedure: Appeals shall be submitted to the Executive Director of the City Planning Commission, whose staff shall review and make recommendations relative to the appeal within sixty days of receipt. The Council shall have sixty (60) days from receipt of recommendation to approve, deny or modify the appeal recommendation by motion.

Initiated by Motion No. M-20-242; Zoning Docket 78/20; Adopted by Ord. No. 28,576 M.C.S., Jan 21, 2021

19.4.A.13 Protect Treme Interim Zoning District (EXPIRED 01/14/23)

A. Intent of the District

The intent of the Protect Treme Interim Zoning District is to prohibit certain uses and to safeguard the Treme neighborhood from uses detrimental to its historic structures and culture until a comprehensive vision for the future of Treme, specifically Louis Armstrong Park, is developed by its residents in collaboration with the City.

B. Boundaries

With the exception of the existing Mahalia Jackson Theater (Municipal Address: 1419 Basin Street), Treme Recreation Community Center (Municipal Address: 900 North Villere Street and 1400 Saint Philip Street), and Sewerage and Water Board Pumping Station A (Municipal Address: 1301 Basin Street), the restrictions shall apply to all lots currently zoned OS-R Regional Open Space District within the boundaries of Louis Armstrong Park, which are as follows: from North Rampart Street at Saint Philip Street, continuing along North Rampart to Saint Peter Street, continuing along Saint Peter Street to Basin Street, continuing along Basin Street to North Villere Street, continuing along North Villere Street to Saint Philip Street, and continuing along Saint Philip Street to North Rampart Street.

C. Prohibited Uses

The prohibited uses are:

a. Government Offices, which shall include City Hall

b. Public Works and Safety Facility

All other permitted and conditional uses shall be as provided in CZO Table 7-1 (Section 7.2.A) under OS-R, and no Parking Lot or Parking Structure shall be permitted.

D. Appeal Procedure

Initiated by Motion No. M-21-228; Zoning Docket 75/21; Adopted by Ord. No. 28,910 M.C.S., Jan. 14, 2022

19.4.A.14 SMALL MULTI-FAMILY AFFORDABLE SHORT TERM RENTAL INTERIM ZONING DISTRICT (EXPIRED 07/13/23)

A. Intent of the District

The intent of the Small Multi-Family Affordable Short Term Rental Interim Zoning District is to prohibit all short-term rentals in the "Small Multi-Family Affordable" dwelling units.

B. Location

The following zoning districts shall be included in the Small Multi-Family Affordable Short-Term Rental Interim Zoning District:

HMR-3 – Historic Marigny/Tremé/Bywater Residential District

HMC-1 - Historic Marigny/Tremé/Bywater Commercial District

HMC-2 - Historic Marigny/Tremé/Bywater Commercial District

HM-MU - Historic Marigny/Tremé/Bywater Mixed-Use District

HU-RD1 – Historic Urban Two-Family Residential District

HU-RD2 – Historic Urban Two-Family Residential District

HU-RM1 – Historic Urban Multi-Family Residential District

HU-RM2 – Historic Urban Multi-Family Residential District

HU-B1A – Historic Urban Neighborhood Business District

HU-B1 – Historic Urban Neighborhood Business District

HU-MU – Historic Urban Neighborhood Mixed-Use District

S-RD – Suburban Two-Family Residential District

S-RM1 – Suburban Multi-Family Residential District

S-RM2 – Suburban Multi-Family Residential District

S-LRD1 – Suburban Lake Vista Two-Family Residential District

S-LRD2 – Suburban Lakewood/Parkview Two-Family Residential District

S-LRM1 – Suburban Lake Area Low-Rise Multi-Family Residential District

S-LRM2 – Suburban Lake Area High-Rise Multi-Family Residential District

S-LC – Suburban Lake Area General Commercial District

S-MU – Suburban Neighborhood Mixed-Use District

S-LM – Suburban Lake Area Marina District

MU-1 – Medium Intensity Mixed-Use District

MU-2 – High Intensity Mixed-Use District

C. Prohibited Uses

If within the Small Multi-Family Affordable Use, the following are prohibited:

1. Any issuance or renewal of a Residential Short Term Rental permit or license.

2. Any issuance or renewal of a Commercial Short Term Rental permit.

D. Appeal Procedure

1. Is the requested appeal compatible with the surrounding land uses and structures?

2. Does the property owner have proof of owner-occupancy?

Initiated by Motion No. M-22-17; Zoning Docket 22/22; Adopted by Ord. No. 29,083 M.C.S., July 13, 2022

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

A. Intent of the District

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

B. Boundaries

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

C. Definitions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

D. Off-Street Parking Requirements

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

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

E. Parking and Driveways

Tandem vehicle parking is prohibited for purposes of this ordinance.

F. Plans and Calculations required in this Ordinance

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

G. Affordable Housing

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

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

H. Appeal Procedure

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

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

19.4.A.16 Residential Short Term Rental Interim Zoning District

A. Intent of District

The intent of the Residential Short Term Rental Interim Zoning District is to temporarily prohibit the issuance of certain types of Short Term Rental permits or licenses while the City Planning Commission studies the impact and considers revisions to the existing Residential Short Term Rental Regulations.

B. Boundaries

The Residential Short Term Rental Interim Zoning District applies citywide to all lots within all zoning districts.

C. Prohibited Uses

No permit or license shall be issued for the following uses:

Residential Short Term Rental, Small
Residential Short Term Rental, Large
Residential Short Term Rental, Partial Unit

D. Appeal Procedure

Determinations as to the applicability of the Interim Zoning District to any particular property shall be made by the Department of Safety and Permits. Appeals of the Interim Zoning District shall be submitted to the Executive Director of the City Planning Commission. Every appeal shall be made on the forms provided by the City and shall be accompanied by the payment of the appropriate filing fee and the data required in such form. The Executive Director of the City Planning Commission may request for the appellant or applicant such additional information and data as may be required to fully advise the Council, whether such information and data is called for by the official forms or not. CPC staff shall review and make recommendations relative to the appeal within sixty (60) days of receipt utilizing the following review standards:

Is the requested appeal compatible with the surrounding land uses and structures?
Does the requested appeal provide for an efficient use of land?
Will granting the requested appeal increase traffic and safety hazards?
Does the requested appeal provide for an efficient parking layout?
Will the requested appeal increase community environmental impacts?

The Council shall have sixty (60) days from the receipt of recommendation to approve, deny or modify the appeal recommendation by motion.

Initiated by Motion No. M-22-467; Zoning Docket 95/22; Adopted by Ord. No. 29,453 M.C.S., May 21, 2023

19.4.A.17 Preserving Residential Character Interim Zoning District

A. Intent of the District

The intent of the Preserving Residential Character Interim Zoning District is to temporarily prohibit the issuance of any new permits or licenses or the receipt of applications for new permits or licenses for Commercial Short Term Rental in certain zoning districts within a specific geographical area.

B. Boundaries

The Preserving Residential Character Interim Zoning District applies to properties currently zoned HU-MU Neighborhood Mixed Use District (HU-MU), MU-1 Medium Intensity Mixed-Use District (MU-1), and MU-2 High-Intensity Mixed Use District (MU-2) within the following boundaries: from Calliope Street (uptown side) at Simon Bolivar Avenue, continuing along Simon Bolivar Avenue (both sides) to Jackson Avenue, continuing along Jackson Avenue (both sides) to Magazine Street, continuing along Magazine Street (both sides) to Louisiana Avenue, continuing along Louisiana Avenue (both sides) to Tchoupitoulas Street, continuing along Tchoupitoulas Street (both sides) to Dufossat Street, continuing back on Tchoupitoulas Street (both sides) to Calliope Street, and continuing along Calliope Street (uptown side) to its intersection with Simon Bolivar Avenue; and excluding the entirety of the Convention Center Neighborhood (CCN) Overlay District.

C. Prohibited Uses

Any issuance of a Commercial Short Term Rental permit or license is prohibited.

D. Appeal Procedure

1. Is the requested appeal compatible with the surrounding land uses and structures?

2. Does the requested appeal provide for an efficient use of land?

3. Will granting the requested appeal increase traffic and safety hazards?

4. Does the requested appeal provide for an efficient parking layout?

5. Will the requested appeal increase community environmental impacts?

6. Does the appellant show past use that is consistent with all applicable zoning regulatory provisions, as found in the Comprehensive Zoning Ordinance and the City Code?

7. Will the requested appeal prevent the development of long-term housing, including affordable and workforce housing, in densely populated areas of the City?

The Council shall have sixty (60) days from receipt of recommendation to approve, deny, or modify the appeal recommendation by motion.

Initiated by Motion No. M-23-58; Zoning Docket 17/23; Adopted by Ord. No. 29,529 M.C.S., July 24, 2023

19.4.A.18 Bed and Breakfast Interim Zoning District

A. Intent of the District

The intent of the Bed and Breakfast Interim Zoning District is to ensure that bed and breakfasts are compatible with and preserve the character and integrity of the neighborhoods citywide by temporarily designating Bed and Breakfasts as conditional use.

B. Boundaries

The Bed and Breakfast Interim Zoning District applies to all zoning districts in which a Bed and Breakfast, Principal and Bed and Breakfast, Accessory uses are permitted by right or conditionally. This includes the R-RE Rural Residential Estate District, M-MU Maritime Mixed-Use District, HMR-1 Historic Marigny/Tremé/Bywater Residential District, HMR-2 Historic Marigny/Tremé/Bywater Residential District, HMR-3 Historic Marigny/Tremé/Bywater Residential District, VCE Vieux Carré Entertainment District, HMC-1 Historic Marigny/Tremé/Bywater Commercial District, HMC-2 Historic Marigny/Tremé/Bywater Commercial District, HM-MU Historic Marigny/Tremé/Bywater Mixed-Use District, HU-RS Single-Family Residential District, HU-RD1 Two-Family Residential District, HU-RD2 Two-Family Residential District, HU-RM1 Multi-Family Residential District, HU-RM2 Multi-Family Residential District, HU-B1A Neighborhood Business District, HU-B1 Neighborhood Business District, HU-MU Neighborhood Mixed-Use District, S-RS Single-Family Residential District, S-RD Two-Family Residential District, S-RM1 Multi-Family Residential District, S-RM2 Multi-Family Residential District, S-LRS1 Lakeview Single-Family Residential District, S-LRS2 Lake Vista and Lake Shore Single-Family Residential District, S-LRS3 Lakewood and Country Club Gardens Single-Family Residential District, S-LRD1 Lake Vista Two-Family Residential District, S-LRD2 Lakewood/Parkview Two-Family Residential District, S-LRM1 Lake Area Low-Rise Multi-Family Residential District, S-LRM2 Lake Area High-Rise Multi-Family Residential District, S-LB1 Lake Area Neighborhood Business District, S-LB2 Lake Area Neighborhood Business District, S-LC Lake Area General Commercial District, S-MU Suburban Neighborhood Mixed-Use District, MU-1 Medium Intensity Mixed-Use District, MU-2 High Intensity Mixed-Use District, EC Educational Campus District, CBD-1 Core Central Business District, CBD-2 Historic Commercial and Mixed-Use District, CBD-3 Cultural Arts District, CBD-5 Urban Core Neighborhood Lower Intensity Mixed-Use District, and CBD-6 Urban Core Neighborhood Intensity Mixed-Use District.

C. Use Permissions

Bed and Breakfast Principal and Bed and Breakfast Accessory shall remain prohibited if indicated as such in the Comprehensive Zoning Ordinance.

Where Bed and Breakfast Principal or Bed and Breakfast Accessory is indicated as "P" Permitted in the applicable base zoning or overlay district, such use shall require conditional use approval by the City Council. Bed and Breakfast Principal or Bed and Breakfast Accessory shall require conditional use approval if indicated as such in the Comprehensive Zoning Ordinance.

D. Appeal Procedure

Is the request appeal compatible with the surrounding land use and structures?
Does the requested appeal provide for an efficient use of land?
Will granting the requested appeal increase traffic and safety hazards?
Does the requested appeal provide for an efficient parking layout?
Will the requested appeal increase community environmental impacts?

The Council shall have sixty (60) days from the receipt of recommendation to approve, deny, or modify the appeal recommendation by motion.

Initiated by Motion No. M-23-59; Zoning Docket 18/23; Adopted by Ord. No. 29,530 M.C.S., July 24, 2023

19.4.A.19 Lower Algiers Rural Protection Interim Zoning District (Extended to 9-3-24 by Ordinance 29827 MCS)

A. Intent of District

The intent of the IZD is to temporarily prohibit the development of multi-family residential homes in S-RM1 Multi-Family Zoning Districts and commercial development in S-B2 Pedestrian-Oriented Corridor Business District in order to allow for appropriate impact studies regarding drainage, road and utility infrastructure, municipal services for fire, police, emergency response services, and other public safety considerations and an environmental impact analysis. The intent of the IZD is to utilize these studies to allow for the appropriate development within the district and the adoption of appropriate building design standards to promote the general health, safety, and welfare of the community.

B. Location

The IZD applies to all properties currently zoned S-RM1 Multi-Family Residential District and S-B2 Pedestrian-Oriented Corridor Business District generally bounded by the Intercoastal Waterway, the Mississippi River, the Donner Canal, and Delacroix Road.

C. Prohibited Uses

The following uses are prohibited:

a. Multi-family residential dwellings.

b. Commercial uses.

D. Appeal Procedure

Appeals shall be submitted to the Executive Director of the City Planning commission, whose staff shall review and make recommendations relative to the appeal within sixty (60) days of receipt, utilizing the following standards and criteria:

1. Is the requested appeal compatible with the surrounding land uses and structures?

2. Does the requested appeal provide for an efficient use of land?

3. Will granting the requested appeal increase traffic and safety hazards?

4. Does the requested appeal provide for an efficient parking layout?

5. Will the requested appeal increase community environmental impacts?

6. Does the requested appeal preserve maximum tree canopy?

Initiated by Motion No. M-22-447; Zoning Docket 98/22; Adopted by Ord. No. 29,365 M.C.S., Mar. 19, 2023; Extended by Ordinance 29827 M.C.S, 3/7/24

19.4.A.20 Commercial Short-Term Rental Interim Zoning District

A. Intent of the District

The intent of the Commercial Short-Term Rental Interim Zoning District is to prohibit the use Short-Term Rental, Commercial and Hostels as allowable uses within all areas of the city, and to limit the development of Timeshares with the following considerations:

Instituting a cap of no more than one unit or 25% of total dwelling units on a lot or a single building constructed across lot lines, whichever is greater, to be permitted to be included within a Timeshare Plan within a Timeshare Building.
In the CBD-5 Urban Core Neighborhood Lower Intensity Mixed-Use District, a Timeshare Building shall only be permitted when the total number of dwelling units is at least ten and the Mandatory Inclusionary Zoning regulations of Article 28 are triggered, and an Affordable Housing Unit is provided as required by law.
This cap shall not apply to the VCE Vieux Carré Entertainment District, to structures which front on Canal Street between the Mississippi River and Rampart Street, the EC Educational Campus District, MC Medical Campus District, LS Life Science District, or the MI Maritime Industrial District Commercial and Recreational Subdistrict.

B. Boundaries

The Commercial Short-Term Rental Zoning District applies to all zoning districts in which Short-Term Rental, Commercial, Hostel, and Timeshare uses are permitted by-right or conditionally.

C. Prohibited Uses

No permit or license shall be used for the following uses:

Short Term Rental, Commercial
Hostel

Permits and licenses for Timeshares shall be limited as follows:

No more than one unit or 25% of total dwelling units on a lot or a single building constructed across lot lines, whichever is greater, shall be permitted to be included within a Timeshare Plan within a Timeshare Building.

In the CBD-5 Urban Core Neighborhood Lower Intensity Mixed-Use District, a Timeshare Building shall only be permitted when the total number of dwelling units is at least ten and the Mandatory Inclusionary Zoning regulations of Article 28 are triggered, and an Affordable Housing Unit is provided as required by law.
This cap shall not apply to the VCE Vieux Carré Entertainment District, to structures which front on Canal Street between the Mississippi River and Rampart Street, the EC Educational Campus District, MC Medical Campus District, LS Life Science District, or the MI Maritime Industrial District Commercial and Recreational Subdistrict.

D. Appeal Procedure

Determinations as to the applicability of the Interim Zoning District to any particular property shall be made by the Department of Safety and Permits. Appeals of the Interim Zoning District shall be submitted directly to the City Council in accordance with the applicable law. The Council shall have sixty (60) days from the receipt of recommendation to act upon the appeal by motion.

Adopted by Ord. 29701 MCS, 11-7-23, Zoning Docket 62/23