Article 19 Temporary Prohibitions

19.1 Purpose Statement   

The City Council is authorized by Section 3-126 of the City’s Home Rule Charter to impose temporary prohibitions on zoning “where necessary to protect the public health, safety, or welfare for a temporary period.” The two types of prohibitions generally used in the zoning context are interim zoning districts and moratoria.  These temporary prohibitions are intended to provide temporary zoning regulations within the boundaries of designated areas, notwithstanding existing zoning applicable to the area, pending a review of the appropriateness of applicable provisions of the zoning ordinance or development of new regulations by the City Planning Commission, and are intended to prevent the establishment of uses that are incompatible with the temporary prohibition  for the legal duration of the prohibition.

19.2 Definitions   

A. Interim Zoning District – Emergency zoning regulations that are temporarily imposed while the City reviews existing zoning ordinances for appropriate revisions to protect the public health, safety or welfare.

B. Moratorium – A suspension of the ability for property owners to obtain City development approvals while the City reviews applicable land use regulations to protect the public health, safety or welfare and respond to new or changing circumstances not adequately dealt with by current regulations. 

19.3 Temporary Prohibition Process   

19.3.A Applicability   

An interim zoning district or moratorium may be applied to any area of the City, upon appropriate demonstration that a temporary prohibition on zoning or permitting is necessary to protect the public health, safety or welfare in accordance with Section 3-126 of the City Charter. 

19.3.B Nature and Effect   

19.3.B.1 Amendment of Zoning Map   

Establishment of an interim zoning district or moratorium constitutes an amendment of these zoning regulations. The boundaries of interim zoning districts and areas subject to moratoria shall be placed and identified on the Official Zoning Map once the ordinances creating such districts or moratoria become effective.

19.3.B.2 Governing Regulations   

Notwithstanding any contrary provisions contained in the zoning district regulations underlying the interim zoning district or moratorium, the use or development of any land, the use of any structure, or the construction, enlargement, or alteration of any structure within the district or area subject to the moratoria shall conform to the regulations set forth in the interim zoning district or moratorium for the period of its duration.

19.3.B.3 Duration   

a.  An interim zoning district or moratorium is approved for a term of one (1) year. The City Council by ordinance may authorize one extension for an additional one hundred eighty (180) days. In the event that the required review is not completed and a report has not yet been submitted to the City Council during the initial one hundred eighty (180) day extension, the City Council may by ordinance extend the interim zoning district for one additional period up of to one hundred eighty (180) days. 

b.  After expiration, no interim zoning district, moratorium or similar prohibition of substantially the same legal effect on substantially the same geographic area may be imposed until at least one (1) year after the expiration of a prior moratorium ordinance, interim zoning district, or other temporary prohibition.

c.  Following expiration of the interim zoning district regulations or moratorium, including any period of extension, the City Council shall repeal the interim zoning district or moratorium regulations and the City Planning Commission shall remove the boundaries of the district or area subject to the moratorium from the Official Zoning Map.

19.3.C Procedure   

1.  The zoning text amendment creating an interim zoning district or moratorium shall be initiated by the adoption of a motion by the City Council. Except as otherwise provided in this section, an interim zoning district or moratorium for a particular area shall be established on the Official Zoning Map.

2.   The City Council motion initiating the interim zoning district or moratorium shall specify the type of review or study required in order to achieve the objectives of the temporary prohibition.  The motion shall also specify the City agency responsible for the review or study.  The designated agency shall complete its review and provide its report to the Council within the time limits established for such temporary prohibitions.

3. The motion initiating the interim zoning district or moratorium shall also incorporate regulations addressing the following factors, where applicable:

a.  Intent of the interim zoning district or moratorium.

b.  Delineation of interim district boundaries or area subject to the moratorium.

c.  Uses permitted.

d.  Limitations on uses.

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

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

g.  Submittal requirements, if any.

h.  Appeal procedure

4.  Upon adoption of the City Council’s motion authorizing the City Planning Commission to conduct a public hearing to consider an amendment to this Ordinance to create an interim zoning district or moratorium, all appropriate agencies shall refuse to accept any new applications for permits that are in conflict with the intent and provisions of the proposed interim zoning district or moratorium. However, applications determined to be complete and received prior to adoption of such motion, may be reviewed and processed under existing regulations.

19.4 Temporary Prohibitions   

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

19.4.A.1 Active   

19.4.A.1.a Open Space Permeability IZD   

Motion Number M-15-367 and Motion Number M-15-491

Adopted by Aug. 6 and Oct. 1, 2015, Motion Numbers above

19.4.A.1.b Adult Live Performance Venue Interim Zoning District   

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.  

Adopted by May 27, 2016, Zoning Docket 018-16, Ord. 26,921 MCS

19.4.A.1.c Algiers Interim Zoning District   

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. 

  1. 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). 
  2. 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.

Adopted by Sep. 12, 2016, Zoning Docket 038-16, Ord. 27,055 MCS, §1

19.4.A.1.d Lower Ninth Ward Redevelopment Interim Zoning District   

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

  1. 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.
  2. 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

  1. 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

  1. Within the IZD, a single-family residence shall be exempt from the minimum off-street parking requirements of Article 22.
  2. 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.

 

Adopted by April 12, 2017, Zoning Docket 011-17, Ord. 27,356 MCS, §1

19.4.A.1.e Riverfront Gateway Design Standards and Height Limit Increases Interim Zoning District   

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.

Adopted by April 28, 2017, Zoning Docket 015-17, Ord. 27,376 MCS, §1

19.4.A.2 Expired   

None

19.4.B Moratoria(s)   

19.4.B.1 Active   

None

19.4.B.2 Expired   

None

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