New Orleans Comprehensive Zoning Ordinance

Printed: 4/26/2024 1:03:37 AM

21.8.C.16 Temporary Parklets Use Standards

1. The Parklet permitting program is to be administered by the Department of Safety and Permits.

2. Parklet designs are subject to the administrative design review of the Executive Director of the City Planning Commission (CPC), including review by the Design Advisory Committee (DAC). Design review submission to include 1) an existing condition plan with photographs; 2) a conceptual design plan with a written description of the design intent and precedent images as well as a proposed circulation diagram that balances needs of all users traveling in the public right-of-way; 3) a site plan; and 4) a materials sheet and colored elevations or renderings.

3. Parklet structures in conformance with a City-approved standardized parklet design that the City may promulgate shall be considered in design compliance and exempt from CPC design review.

4. CPC’s Design Review process shall include that when a property is located within the Vieux CarrĂ© Historic District or within the Historic Districts Landmark Commission’s Historic Districts, the staff of the applicable Commission is consulted.

5. General design guidelines.

i.          Enhance the visual and aesthetic quality of the urban environment. Design shall be inclusive and safe. Bicycle parking and use of native landscape materials is encouraged.

ii.         Ensure compatibility with the preservation of the overall urban fabric, streetscape design character, scale, and pedestrian-friendliness of non- residential and mixed-use corridors and streetscapes.

iii.        Ensure compatibility with the City’s Complete Streets program that balances the needs of all users traveling in the public right-of-way, including people walking, bicycling, driving, and using transit.

6. An establishment may apply for and be issued separate permits to operate both a sidewalk cafe and Parklet, as long as the establishment meets all requirements of the Comprehensive Zoning Ordinance, Chapter 146, Article IV, Division 4 of the City Code of Ordinances, and Chapter 146, Article IV, Division 6 of the City Code of Ordinances.

7. Locations shall only be eligible for a Parklet upon approval of the Director of the Department of Public Works, who shall consider whether a Parklet would impose an unreasonable impact on traffic congestion, nearby business activity, available on-street parking, and public safety.

8. Parklets are limited to the hours of operation in Table 21-3, pursuant to City Code Section 146-597.  The Parklet permittee shall not use the Parklet for business purposes outside of these hours.

9. Parklet permit information shall be posted in accordance with Section 146-595 of the City Code.

10. Advertising signage in the parklet is prohibited.

11. Parklets are permitted uses accessory to only the following types of establishments that sell food and/or beverages for consumption on premises: any type of restaurant, and a bar, brewery, micro-brewery, distillery, or micro-distillery. 

i.          For a restaurant, parklets are restricted to locations where: (1) any type of restaurant is a permitted use, under applicable zoning; and (2) the street's speed limit is 30 miles per hour or less. 

ii.         For a bar, brewery, micro-brewery, distillery, or micro-distillery, parklets are restricted to locations where: (1) a bar is a permitted use under applicable zoning, or a conditional use is in place for use as a bar, brewery, micro-brewery, distillery, or micro-distillery; and street’s speed limit is 30 miles per hour or less.

12. Parklets shall not take away a required parking space for the associated business.

13. Parklets shall comply with the regulations as set forth in Chapter 146, Article VI of the City Code.

14. Only one (1) parklet is permitted per block face on blocks that have residential zoning on either side of the street. On blocks that are entirely within non-residential zoning districts on both sides of the street from corner to corner, one (1) parklet is permitted by right and up to three (3) parklets may be permitted per block face with City Council review and approval. In considering whether to allow an additional parklet, the City Council decision may consider:

a. Granting preference to parklets located within a predetermined zone identified in the Parklet Design Guide.

b. Is the requested increase compatible with the surrounding land use and structures?

c. Are there unique geographic considerations which would mitigate the impact of an additional parklet within the block?

d. Are there unique use conditions in the surrounding areas which would be well-served by or mitigate the impact of an additional parklet within the block?

e. Would additional parklets complement street improvement projects, existing or proposed improvements, or other efforts to enhance the design and walkability of the street?

15. Notwithstanding any provisions to the contrary, no parklet shall be permitted within the boundaries of the Vieux CarrĂ©, which for the purposes of this subsection shall be bounded by and include the downtown side of Canal Street, the river side of North Rampart Street, the uptown side of Esplanade Avenue, and the Mississippi River. 

16. No Parklets are permitted on Magazine Street from its intersection with Washington Avenue (uptown side) to its intersection with Louisiana Avenue (downtown side).

17. For any parklet with commenced operation under the Pilot Parklet Program and remained in operation as of August 12, 2022, and which not not comply with Article 21, Sections 21.8.c.16(11)(i)(2), 21.8.c.16(11)(ii)(2) and/or 21.8.C.16(15), but does comply with all other parklet requirements in this section, then the parklet shall be allowed in operation until March 1, 2024.

Ord. 29118, 8-4-22, ZD 21/22; Ord. 29801, 2-1-24, ZD 80/23; Ord. 29852, 3-21-24, ZD 90/23