Article 1 Title, Purpose, Intent, & Application

1.1 Title   

This Ordinance is known, referred to, and cited as the “Comprehensive Zoning Ordinance of the City of New Orleans,” as amended.

1.2 Purpose   

The purpose of this Ordinance includes the following:

A.  To encourage and promote, in accordance with present and future needs, the public health, safety, and welfare of the citizens of the City of New Orleans.

B.  To provide for efficiency and economy in the process of development.

C.  To provide for the appropriate use of land.

D.  To preserve and enhance the value of structures, communities, and neighborhoods that  constitute the distinct places within the city.

E.  To provide for preservation, protection, development, and conservation of natural resources.

F.   To promote the principles of sustainability and resilience.

G.  To provide for functional public utilities and facilities, and for the convenience of traffic and circulation of people and goods.

H.  To provide for promotion of the civic amenities of beauty and visual interest, for preservation and enhancement of historic buildings and places, and for promotion of large-scale developments as means of achieving unified civic design.

I.  To ensure that the policies set forth in City's Master Plan are implemented by the land use regulations and are consistent with the goals set forth in the Master Plan.
 

Adopted by Ord. No. 29,126, §1, Aug. 12, 2022, Zoning Docket 16/22

1.3 Intent   

The objectives of this Ordinance are accomplished by establishing zoning districts, which regulate the location and use of structures, signs, water and land areas for agriculture, trade, industry, and residential use. These zoning districts also regulate, limit, or determine the height, bulk, and access to light and air of structures, the area of yards and other open spaces, the density of use, and the standards for site organization and layout. Zoning district regulations and the Official Zoning Map have been designed with reasonable consideration of, among other things, the character of the districts and their suitability for particular uses.
 

1.4 Applicability   

1.4.A Territorial Application   

This Ordinance applies to all land, uses, structures, and areas within the boundaries of the City of New Orleans, as defined in the Home Rule Charter of the City of New Orleans. 

1.4.B General Application   

In their interpretation and application, the provisions of this Ordinance are the minimum requirements for the promotion and protection of the public health, safety and welfare, and are construed to achieve the purposes for which this Ordinance was adopted.

1.4.C Required Conformance with Ordinance   

No portion or whole of any structure or land may be used or occupied, and no structure, in whole or in part, may be erected, constructed, reconstructed, moved, enlarged or structurally altered unless it conforms to the provisions of this Ordinance.

1.4.D Subdivisions Required to Conform with Ordinance   

All subdivisions shall comply with the City of New Orleans Subdivision Regulations. Where conflicts occur with this Ordinance, as determined by the Executive Director of the City Planning Commission,  the most restrictive regulations shall prevail.

1.4.E Applicability to Private Agreements   

Where this Ordinance is more restrictive than a private agreement, this Ordinance controls. The City will not enforce any private agreements. 

1.4.F Reasonable Accommodation   

The City of New Orleans shall provide reasonable accommodations to persons with disabilities to ensure that persons with disabilities are provided equal opportunity to live in the dwelling of their choice (see Article 27.) 

1.4.G Conflict with Other Laws and Regulations   

Whenever these regulations contain an actual, implied or apparent conflict with other laws and regulations, including an internal conflict within this Ordinance, the more restrictive regulation applies, unless otherwise specified. 

1.4.H Effect of Litigation   

In the event a suit is filed in Civil District Court challenging any approval under the Comprehensive Zoning Ordinance, the time in which to complete the terms and conditions on said approval are tolled from the date suit is filed until there is a final judgement.

Adopted by Ord. No. 29,126, §1, Aug. 12, 2022, Zoning Docket 16/22

1.5 Transition Rules   

In determining the applicability of this Ordinance, with respect to the previously applicable zoning regulations, the following rules apply.

1.5.A Existing Nonconforming Structures and Uses   

A structure or use that is made nonconforming before the effective date of this Ordinance, but is made conforming by the provisions of this Ordinance or any subsequent amendment to this Ordinance, is lawful as of the effective date of this Ordinance or of any subsequent amendment to this Ordinance. However, any subsequent addition, enlargement or expansion of that structure or use is required to conform to the procedural and substantive requirements of this Ordinance.

1.5.B Existing Uses   

1.  If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of this Ordinance, and now that use is classified as a conditional use as of the effective date of this Ordinance, that use is deemed a lawful nonconforming use. Any subsequent addition, enlargement, or expansion of that use shall conform to the requirements of this Ordinance.

2.  If a structure or land is used in a manner that was classified as a conditional use prior to the effective date of this Ordinance, and that use is now classified as a permitted use as of the effective date of this Ordinance, that use is deemed a lawful permitted use. Any subsequent addition, enlargement, or expansion of that use shall conform to any Ordinance requirements for such permitted use and is no longer subject to the conditional use ordinance under which it was originally approved.

3.  Planned developments, including previously adopted Residential Planned Community Districts, Central Business District Planned Community Districts, and Mixed-Use Planned Community Districts, shall follow the requirements of Section 4.4. Where a use within a planned development was classified as a conditional use prior to the effective date of this Ordinance, and that use is now classified as a permitted use as of the effective date of this Ordinance, that use is deemed a lawful permitted use. Any subsequent addition, enlargement, or expansion of that use shall comply with Paragraph 2 above.

1.5.C Certain Uses Rendered Nonconforming   

If property is used in a manner that was a lawful use before the effective date of this Ordinance or any subsequent amendment to this Ordinance, and this Ordinance no longer classifies that use as either a permitted or conditional use in the zoning district in which it is located, that use is deemed a legal nonconforming use and is controlled by the provisions of Article 25.

1.5.D Certain Structures Rendered Nonconforming   

If a structure existing on the effective date of this Ordinance or any subsequent amendment to this Ordinance was a conforming structure and was legally constructed before the effective date of this Ordinance or any subsequent amendment to this Ordinance, and such structure does not meet all standards set forth in this Ordinance, that structure is deemed a legal nonconforming structure and is controlled by the provisions of Article 25.

1.5.E Certain Lots Rendered Nonconforming   

If a lot existing on the effective date of this Ordinance was a conforming lot before the effective date of this Ordinance or any subsequent amendment to this Ordinance, and such lot does not meet all standards set forth in this Ordinance, that lot is deemed a legal nonconforming lot and is controlled by the provisions of Article 25.

1.5.F Previously Issued Building Permits   

If a building permit for a building or structure was lawfully issued prior to the effective date of this Ordinance or any subsequent amendment to this Ordinance, and if substantial construction has begun within one-hundred eighty (180) days of the issuance of that permit, the structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under an occupancy permit for the use originally intended.

1.5.G Previously Granted Conditional Uses and Variances   

1. All conditional uses and variances granted prior to the effective date of this Ordinance or any subsequent amendment to this Ordinance remain in full force and effect, unless a conditional use is allowed as a permitted use or a variance was granted for a standard under the former ordinance that no longer exists or applies as of the effective date of this Ordinance.
   1. The recipient of the conditional use or variance may proceed to develop the property in accordance with the approved plans, including all conditions included as part of approval.
   2. If a structure or land is used in a manner that is classified as a conditional use prior to the effective date of this Ordinance and is classified as a permitted use subsequent to the adoption of this Ordinance, and the structure or land was granted a conditional use by the City Council, any provisos attached to the original conditional use shall no longer apply unless authorizing expanded permissions not allowable under this Ordinance.
   3. If a structure or land is used in a manner that is classified as a permitted use prior to the effective date of this Ordinance and subsequent to the adoption of this Ordinance, and the structure or land was granted a variance by the Board of Zoning Adjustments for a standard under the former ordinance that no longer exists, any provisos attached to the original variance shall no longer apply.
2. If the recipient has failed to act on the conditional use or variance before the approval expires, including any periods of extension granted, the provisions of this Ordinance govern.

Adopted by Ord. No. 29,126, §1, Aug. 12, 2022, Zoning Docket 16/22

1.5.H Pending Applications   

An application that has been received and is complete is subject to the rules in effect on the date the complete application was received. 

1.6 Enforcement   

1.6.A Purpose   

If any structure is erected, structurally altered, extended, moved or maintained, or any structure or land is used in violation of this Ordinance, in violation of applicable licensing requirements for a particular use contained in the Code of the City of New Orleans, which violation(s) shall be deemed a violation of this Ordinance, the Director of the Department of Safety and Permits, or the Director’s designee, in addition to other remedies, may institute any appropriate actions or proceedings to prevent such unlawful erection, structural alteration, extension, moving, maintenance, use, or other violations, to restrain, correct, or abate violation, to prevent the occupancy of such buildings, structure, or land or to prevent any illegal act, conduct, business, or use in or about such premises. Each day such violation continues constitutes a separate violation.

1.6.B Penalties   

The following persons may be found guilty of a misdemeanor punishable either by a fine, the minimum and maximum amounts as established in the Louisiana Revised Statutes, or not more than one-hundred fifty (150) days imprisonment, or both, or be held liable for a code violation as provided by Article II, Chapter 6 of the Code of the City of New Orleans, punishable by a fine or any other lawful measure(s) ordered by a hearing officer, for each and every day that such violation continues, and the correction of a violation does not restrain imposition of these penalties.

1.  The owner or general agent of a structure or premises where a violation of any provision of these regulations has been committed or exists.

2.  The lessee or tenant of an entire structure or entire premises where such general agent, lessee or tenant of any part of the structure or premises in which such violation has been committed or exists.

3.  The general agent, architect, builder, contractor or any other person who commits, takes part in or who assists in any such violation or who maintains any structure or premises in which any such violation exists. 

Adopted by Ord. No. 27,209, §1, Dec. 7, 2016, Zoning Docket 61/16

1.6.C New Violation Following Determination of Compliance   

Following any judicial determination that a violation of this Ordinance has occurred and compliance has been rendered, the Director of the Department of Safety and Permits shall place in the records of the City a notation that compliance has been rendered. Any subsequent report of a violation of the regulations pertaining to the same or substantially the same matter constitutes a new violation and is subject to the same remedies herein provided.

1.7 Severability   

If any section or provision of this Ordinance is declared by a court of competent jurisdiction to be invalid, such decision will not affect the validity of the Ordinance as a whole or any part thereof other than the part declared to be invalid.

1.8 Effective Date   

The effective date of this Comprehensive Zoning Ordinance is ninety (90) days from the date of adoption of this Ordinance. The effective date is defined as that date at which the specific regulations of this Ordinance take effect and are enforced. 

Article 2 Ordinance Administrators

2.1 Purpose   

The purpose of this Article is to outline the specific powers of the different boards, commissions and officials as they relate to this Zoning Ordinance. This Article summarizes which boards, commissions, and officials make recommendations and grant approvals on zoning applications. 

2.2 Conflict   

If the provisions of this Article conflict with Article 4, the provisions of Article 4 control.

2.3 Designees   

Certain officials within this section, such as the Executive Director of the City Planning Commission and the Director of the Department of Safety and Permits, are cited as having powers which may also be administered by a designee, indicated in this section by the language “Director’s designee.” The ability to direct powers to a designee applies to all actions throughout this Ordinance. 

2.4 City Council   

The City Council has the following powers, pursuant to applicable law:

A.   To make final decisions on amendments to the Master Plan.

B.   To make final decisions on zoning map and text amendment applications (Section 4.2).

C.   To make final decisions on conditional use applications (Section 4.3).

D.   To make final decisions on planned development applications (Section 4.4).

Adopted by Ord. No. 29,126, §2, Aug. 12, 2022, Zoning Docket 16/22

2.5 City Planning Commission   

The City Planning Commission has the following powers, pursuant to this Ordinance:

A.  To make recommendations on zoning map and text amendment applications (Section 4.2).

B. To make recommendations on conditional use applications (Section 4.3).

C. To make recommendations on planned development applications (Section 4.4).

D. To make final decisions on appeals of minor map adjustments of the Future Land Use Map by the Executive Director of the City Planning Commission (Section 4.7).

E. To make final decisions on appeals of interpretations of the Future Land Use Map by the Executive Director of the City Planning Commission (Section 4.10).

F. To make final decisions on appeals on those development plan and design review decisions reviewed and approved solely by Executive Director of the City Planning Commission (Section 4.5).

2.6 Board of Zoning Adjustments   

The Board of Zoning Adjustments has the following powers, pursuant to applicable law:

A.  Hear and determine appeals from applicants who have been refused building permits because of a violation or conflict with the zoning ordinance or the official map of the City (Section 4.8).

B.  Hear and decide appeals where error is alleged in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinance of the City (Section 4.8)

C. Permit variations from the zoning regulations in classes of cases or situations and in accordance with the principles, conditions, and procedures specified in and subject to the limitations imposed by the zoning ordinances of the City (Section 4.6)
 

Adopted by Ord. No. 29,126, §2, Aug. 12, 2022, Zoning Docket 16/22

2.7 Design Advisory Committee   

The Design Advisory Committee has the following powers, pursuant to this Ordinance, relevant Chief Administrative Officer Policy Memoranda and the City Planning Commission’s Administrative Rules, Policies and Procedures:

A.  To make recommendations on development plan and design review applications to the City Planning Commission and/or its staff when required as a condition of development approval (Section 4.5).
 

2.8 Executive Director of the City Planning Commission   

The Executive Director of the City Planning Commission, or the Director’s designee, has the following powers, pursuant to this Ordinance:

A.  To make final decisions on development plan and design review applications when required as a condition of development approval (Section 4.5).

B.  To make final decisions on minor map adjustments to the Future Land Use Map (Section 4.7).

C. To make final decisions on requests for interpretations of the Official Zoning Map (Section 4.10).

D. To make final decisions on hospital sign design review approved through the IMP (Section 15.5.A.2)
 

Adopted by Ord 28937 MCS, 2-17-22, ZD 82/21

2.9 Director of the Department of Safety and Permits   

The Director of the Department of Safety and Permits, or the Director’s designee, has the following powers, pursuant to this Ordinance:

A.  To make final decisions on requests for zoning verifications (Section 4.9).

B. To make final decisions on requests for zoning text interpretations (Section 4.10).

C.  To make final decisions on applications for sign permits (Section 4.11).

D.  To inspect structures or the use of land to determine compliance with this Ordinance and order corrective action in case of any violation

E.  To enforce all zoning regulations and provisos imposed in conjunction with the approval of conditional uses ordinances, planned unit development ordinances, and variances.

F.  To revoke, suspend, or cancel any permit that has been violated or issued in violation of this Ordinance.

2.10 Vieux Carre Commission   

Within the Vieux Carré Historic District, no exterior work on a structure is permitted unless a permit has been issued by the Vieux Carré Commission. Provisions for the Vieux Carré Commission and their permit requirements and procedures are located in the City Code. The Vieux Carré Commission shall have no jurisdiction over use, except as provided in the paragraph below.

Within the Vieux Carré Historic District, no occupancy permit shall be issued by the Director of Safety and Permits, for any change in the use of any existing building until and unless a special permit shall have been issued by the Vieux Carré Commission, except that where no change of exterior appearance is contemplated such permit by the Vieux Carré Commission shall not be required. Where any change in exterior appearance is contemplated, the Vieux Carré Commission shall hold a hearing, and if it approves such change, it shall issue a special permit to continue the same use, or for any other use not otherwise prohibited in the district, subject to the following conditions and safeguards:

1. The historic character of the Vieux Carré shall not be injuriously affected.

2. Signs which are garish or otherwise out of keeping with the character of the Vieux Carré shall not be permitted.

3. Building designs shall be in harmony with the traditional architectural character of the Vieux Carré.

4. The value of the Vieux Carré as a place of unique interest and character shall not be impaired.

2.11 Historic District Landmarks Commission   

A.  The New Orleans Historic District Landmarks Commission and the Central Business District Historic District Landmarks Commission regulate local historic districts outside of the Vieux Carré Historic District. Prior to commencing any exterior work within a local historic district or on a designated or nominated landmark outside of the designated local historic districts, the applicant shall refer to and comply with the Historic District Landmarks Commission procedures in the City Code. The Historic District Landmarks Commission shall have no jurisdiction over use.

B. The Historic District Landmarks Commission makes final decisions on requests for classic sign designation (Section 24.15).

Article 3 Administrative Procedures

3.1 Purpose   

The purpose of this Article is to outline the general application, notice, and public hearing procedures for the applications and approvals found within this Ordinance. 

3.2 Application   

3.2.A Filing of Applications   

1.   All applications shall be filed with the appropriate official as described in Table 3-1: Filing of Applications:

2.   All applications shall be on forms provided by the City and in the format and number of copies as required by the instructions. The application shall include any and all information, plans, and data specified within Article 4.

Adopted by Ord. No. 29,126, §3, Aug. 12, 2022, Zoning Docket 16/22

3.2.B Completeness Review   

1.  The official in Table 3-1 charged with receiving applications shall review the application to ensure that all required submittals are included in the application and determine whether the application is complete. The appropriate official shall notify the applicant that the application is complete or incomplete within ten (10) days from the date of submittal.

2.  If the application is deemed incomplete, the official will not process the application until the deficiencies are remedied. Once an application is deemed complete, the application will be placed on the first available docket or forwarded to the appropriate official as appropriate. An application that is not made complete by the applicant within one hundred eighty (180) days of the date of submittal will be void and discarded.  An application initiated by Council motion that is not made complete within one hundred eighty (180) days of the date of the motion will be void and discarded.

3.  An application is deemed complete if the official fails to reject it and notify the applicant of the deficiencies within ten (10) days and it shall be docketed. However, it may not be complete for the purposes of review and a determination of completeness does not constitute approval of the application. The appropriate board, commission, or official may also require the applicant to supplement the application with additional information.

4.  A new determination of completeness is required if the applicant materially changes the application from the prior submittal.

Adopted by Ord. No. 29,126, §3, Aug. 12, 2022, Zoning Docket 16/22

3.2.C Required Fees   

Every application shall be accompanied by the required filing fee. Failure to pay fees when due is grounds for refusing to process the application. However, applications initiated by the City may be exempt from fees. If it is the City Council’s intent to waive the fee, the waiver and the fee amount shall be stated in the motion initiating the request.

3.2.D Withdrawal of Application   

An applicant may withdraw an application as provided below. There will be no refund of fees. Requests for withdrawal shall be in writing by the applicant or legally authorized agent. Applications initiated by the City Council are also subject to these withdrawal provisions.

1.  Applications for a zoning text or map amendment, conditional use, and planned development may be withdrawn prior to recommendation by the City Planning Commission without prejudice or limit. If withdrawn after the recommendation by the City Planning Commission, but before a decision by the City Council, the application may not be resubmitted for two (2) years from the date the applicant submits the withdrawal notice.

2.  Applications for variances may be withdrawn prior to a decision by the Board of Zoning Adjustments without prejudice and may thereafter be resubmitted without limit.

3.  Applications for a zoning appeal may be withdrawn prior to a decision by the Board of Zoning Adjustments without prejudice. However, if an application that was withdrawn is resubmitted, the new submittal shall still be filed within forty-five (45)  days of the date the decision being appealed was rendered.
 

3.2.E Resubmittal of Denied Applications   

1.  An application for a zoning text or map amendment, conditional use, planned development, or variance that has been denied will not be reviewed or heard within two (2) years of the date of denial unless substantial new evidence is available or a significant mistake of law or of fact affected the prior denial. The official charged with receiving applications in Table 3-1 shall decide whether the subsequent application is appropriate for resubmittal before expiration of the two (2) year wait requirement.

2.  An application resubmitted earlier than two (2) years from the date of denial shall include a detailed statement of the grounds justifying its consideration.

3.  Unless substantial new evidence is available or a significant mistake of law or fact affected the prior denial, the official shall return the application to the applicant and it shall not be docketed.

4.  The limitations of this section do not apply when the City initiates the application.

Adopted by Ord. No. 29,126, §3, Aug. 12, 2022, Zoning Docket 16/22

3.3 Notice   

3.3.A Published Notice   

For all applications that require a public hearing, a notice shall be published once a week for three (3) consecutive weeks in the official journal of the City of New Orleans, as defined in the City Code, with the first publication of notice at least twenty (20) days before the date of hearing. Each notice shall set forth the date, time, place, and purpose of the public hearing, the name of the applicant, and identification of the subject property. 

3.3.B Mailed Notice   

1.  Mailed notice is required for all public hearings required by this ordinance, excluding those for zoning text amendments and for zoning amendments initiated by the City Council covering multiple squares.

2.  Mailed notice for public hearings held by the City Planning Commission shall be sent by regular mail at least fifteen (15) days before the public hearing to the following individuals and entities. Mailed notice for public hearings held by the Board of Zoning Adjustments shall be sent by regular mail at least fifteen (15) days before the public hearing to the following individuals and entities.

a.  The owner of record of the property, as indicated in the records of the Orleans Parish Assessor’s Office, and all persons expressly authorized in writing by the owner to file the application.

b. The owners of record of all properties, as indicated in the records of the Orleans Parish Assessor’s Office, located within three hundred (300) feet of the property lines of the subject property. However, for public hearings involving a site of twenty-five thousand (25,000) square feet or more in area or a development of twenty-five thousand (25,000) square feet or more in floor area, such notice shall be expanded to all properties within six-hundred (600) feet of the property lines of the subject property.

c. The occupants of all properties indicated in items i and ii above, wherever the mailing address of the property owner as indicated in the records of the Orleans Parish Assessor is different from the address of the property.

d.  Any neighborhood association with boundaries within which any portion of the subject property is located. For the purposes of this section, the boundaries of a neighborhood association shall be as provided on its registration form in the office of the City Planning Commission.

3.  The notice shall set forth the name of the applicant, the date, time, place, and purpose of the hearing, and identification of the subject property.

Adopted by Ord. No. 29,126, §3, Aug. 12, 2022, Zoning Docket 16/22

3.3.C Posted Notice   

Posted notice for public hearings is required as follows in Table 3-2: Posted Notice for Pubic Hearing. Section 3.3.C.1 below describes required notice when required to be posted by the applicant and Section 3.3.C.2 below describes required notice when required to be posted by the Department of Safety and Permits.

 

3.3.C.1 Posted Notice by Applicant   

a.   A notification sign shall be installed by the applicant at least fifteen (15) consecutive days prior to the public hearing.

b.   Such notification sign shall meet the following requirements:

i.    The sign shall be an official notification sign provided by the City.

ii.   The sign shall be posted at a prominent location on the subject property near the sidewalk or public right-of-way, and shall be visible to passing pedestrians and motorists. If it is not feasible to post a notification sign on a subject property for whatever reason, a notification sign shall be posted within the public right-of-way adjacent to the property at a location approved by the Department of Safety and Permits. For properties with more than one (1) street frontage, the applicant is required to post one (1) sign visible from each street frontage.

iii.   The applicant shall photograph the required sign(s) after it has been posted on the subject property.  A copy of the photograph shall be submitted to City Planning Commission staff.

c.   The sign shall indicate that the site is the subject of a zoning application and shall provide contact information for the office of the City Planning Commission to obtain further information.

 

Adopted by Ord. No. 27,222, §1, Dec. 20, 2016, Zoning Docket 99/16

3.3.C.2 Posted Notice by the Department of Safety and Permits   

a.   Notification signs posted by the Department of Safety and Permits shall meet the following requirements:

i.    The notification signs shall be no less than eleven (11) inches by seventeen (17) inches in size and shall be posted at the two (2) corner intersections of the block face on which the subject property is located, or by any other means, method, or placement deemed appropriate by the Executive Director of the City Planning Commission or the Director of the Department of Safety and Permits to effect the intended public notice.

ii.   The sign shall indicate the type of application, the address of the subject property, and the day, date, time, and place of the public hearing.

3.3.D Validity of Defective Notice   

1.  No action on any application submitted in accordance with this Ordinance shall be declared invalid by reason of any defect in any of the following:

a.  The publication of the notice of the purpose or subject matter and the time and place of the hearing if the published notice gives reasonable notification of its purpose, subject matter, substance, or intent.

b.   The posting or display of a notification sign if evidence of installation of the sign is presented.

c.   The mailing of notice to the individuals and entities within the vicinity of the site as indicated above.

d.   The mailing of notice of the Neighborhood Participation Program.

2. Any defect in or failure to adhere to any discretionary forms of notification shall not form a basis for declaring invalid any ordinance or City Council action on any zoning matter.

3. No denial by the City Council of any application, petition, or other zoning matter requiring notice shall be declared invalid by reason of any defect in any form of public notice, if the applicant has received notice of the time, date, and place of the hearing.

4. No Neighorhood Participation Program notice shall be declared invalid for failure to properly notice a required individual or entity if the individual or entity waives the notice requirement.

Adopted by Ord. No. 29,126, §3, Aug. 12, 2022, Zoning Docket 16/22

3.4 Public Hearing   

3.4.A Conduct of the Public Hearing   

When a public hearing is required, the place, date, and time for the hearing will be established, and notice of such hearing is required in accordance with Section 3.3. The public hearing will be conducted in accordance with the rules and regulations of the body conducting the hearing.

3.4.B Continuances   

The Chair, with approval of the body conducting the hearing, may continue the public hearing. No new mailed notice is required to reopen the hearing if a hearing is continued to a date specified, provided that a public announcement of the future date, time, and place of the continued hearing is made at the first hearing and placed in the minutes. Publication of the agenda shall satisfy the notice requirements. 

Article 4 Applications & Approvals

4.1 Purpose   

The purpose of this Article is to delineate the procedures and requirements, and approval standards that apply to each zoning application and approval.

4.2 Zoning Text and Map Amendments   

4.2.A Purpose   

The regulations imposed and the districts created and mapped under the authority of this Ordinance may be amended by the City Council in accordance with the provisions of this article. 

4.2.B Initiation   

Zoning text and map amendments are initiated as follows:

1.  The City Council may initiate a zoning text or map amendment by adoption of a motion.

2.  A property owner in the city or a person expressly authorized in writing by an owner may file an application for a text amendment.

3.  A property owner in the city or a person expressly authorized in writing by the owner may file an application for a zoning map amendment for the area of land for which the map amendment is requested. 

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.2.C Authority   

The City Council shall take formal action on requests for zoning text or map amendments after receiving a recommendation from the City Planning Commission, in accordance with Sections 5-406 and 5-407 of the City Charter.

4.2.D Procedure   

4.2.D.1 Submittal of Application   

a.  All applications shall be filed with the Executive Director of the City Planning Commission in accordance with the requirements of Section 3.2 and reviewed for completeness by the Executive Director.

b.  Amendments initiated by the City Council require a complete application, but may be exempt from fees. If it is the City Council’s intent to waive the fee, the waiver and the fee amount shall be stated in the motion initiating the request. Applications may also be exempt from Neighborhood Participation Program requirements for good cause.  If it is the intent of the City Council to waive the NPP requirement, that should be stated in the motion initiating the request.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.2.D.2 Pre-Application Meeting and Project Neighborhood Participation Program   

All applications for zoning text and map amendments shall include a Project Neighborhood Participation Program (Project NPP).   Zoning text and Zoning map amendments covering less than one city square or its equivalent are subject to the Project NPP.  Zoning map amendments covering more than one city square or its equivalent are subject to a Project NPP meeting requirement, although required notice of the meeting shall only be through registered neighborhood associations and an electronic City notification system such as NoticeMe or another similar system.  Until all required NPP documents are submitted to CPC staff, including the meeting notice letter, sign-in sheets, and NPP meeting summary, the request will not be deemed complete for the purpose of a completeness review as provided in Section 3.2.B.  The City Council may require the party of interest to undergo the NPP process prior to the motion being acted on by the City Council.  During a time of declared emergency by the Governor or Mayor, when in-person meetings are not an available option, the City Planning Commission Director shall be authorized to require teleconferencing, virtual, or other remote meeting formats to satisfy NPP requirements.  The City Planning Commission Director is authorized to make a determination that an Overlay District text amendment is minor if it does not expand entitlements that increase intensity or density of uses in a manner that could negatively impact adjacent residential districts.  Minor text amendments shall not be subject to the NPP process.  However, the impacted district Councilmember or At-Large Councilmember may require an NPP by the applicant for minor text amendments.

a.  Applicants shall first meet with the staff of the City Planning Commission to become familiar with the procedure and approval standards for zoning text and map amendments and to obtain guidance on the requirements of the Project NPP.

b.  The Project NPP shall include the following information:

i.  A brief description of the proposal.  Map amendment applications shall include the type of land use request, the name of the existing and proposed zoning district, and the article of the Comprehensive Zoning Ordinance.  Text amendment applications shall include the citation and existing language of the Comprehensive Zoning Ordinance, if applicable, the proposed changes or additions to the language of the Comprehensive Zoning Ordinance and which zoning district(s) the amendment would affect.

ii.  For map amendments, an outlined area map and a contact list for notifying the individuals and entities identified in Section 3.3.

iii.  A general description of how parties on the contact list will receive information on the project, including a statement as to which public notification techniques will be used for the project.

iv. A general description of how parties on the contact list will be informed of any changes or amendments to the proposed project after the applicant’s initial contact.

v. A statement as to how those impacted by the proposal will be provided an opportunity to discuss the request if issues or questions should continue or suddenly arise.

c.  The applicant shall provide the typed Project NPP and notice, including email notification to applicable registered neighborhood associations, of an opportunity for interested parties to attend a meeting to discuss the proposed application not less than fourteen (14) nor more than thirty (30) days after the date on which the applicant provides notification to the parties on the contact list.  In addition, the applicant shall notify the City Planning Commission of the meeting date, time, and location not less than fourteen (14) days prior to the meeting.  The applicant shall hold the meeting at the noticed time.  The applicant shall distribute informational handouts to meeting attendees.  The handouts shall include information about the requested zoning district, registering with City notification system(s), accessing application documents and NPP meeting summary reports.  For the purposes of this section, meetings may be held in a physical location that is in accordance with the City Planning Commission's Administrative Rules, Policies and Procedures, except for zoning text and zoning map amendments covering at least one city square which may be allowed virtually or telephonically.  The notice provided in accordance with this section shall include a brief description of the request and shall indicate the existing zoning classification of the subject property and the zoning classification the applicant intends to request and the citation of the zoning district name and article. 

d.  The applicant shall submit a Project NPP report with the application. The report shall provide the following information:

i. The names of the individuals and entities that were notified and the total number of number of people that participated in the process. 

ii. A list of the concerns, issues, and problems expressed by the participants.

iii. A statement as to how each concern, issue, and problem is addressed and how the applicant intends to continue to address them. If the concern, issue, or problem is not being addressed, the applicant shall state the reasons.

iv.  Copies of letters, affidavits, meeting invitations, newsletters, publications, and petitions received in support of or in opposition to the proposed project, and any other materials pertaining to the notification process.

v.  The date, time, and location of all meetings held with interested parties or a statement indicating the reasons if no meeting was held. No information pertaining to any meeting held more than one hundred eighty (180) days prior to the submittal of the application shall be accepted as part of the Project NPP report, except where subsequent meetings with interested parties have occurred within the one hundred eighty (180) days preceding the submittal of the Project NPP report.

vi.  A completed sign-in sheet that includes the names, addresses, and contact information for meeting attendees.

Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16; Ord. 28782 MCS, 9-23-21, ZD 46/21; Ord. 29084 MCS, 7-7-22, ZD 017/22

4.2.D.3 Action by City Planning Commission   

a.  The City Planning Commission shall conduct a public hearing on a proposed zoning amendment in accordance with Section 3.4 fifty (50) days from the date the application is docketed. Notice of the public hearing is required in accordance with Section 3.3.

b.  After the close of the public hearing, the City Planning Commission shall make a recommendation. Based upon the evidence presented at the public hearing, the City Planning Commission shall evaluate the application against the applicable standards in Paragraph E below.

c.  The City Planning Commission shall recommend approval, modified approval, or denial sixty (60) days from the opening of the public hearing.  The City Planning Commission may also vote to defer action within City Charter required timeframes in cases where it discovers applicants have not submitted complete and accurate information, including but not limited to errors or omissions in following the Project NPP.  The failure to resolve a finding of incomplete or inaccurate information may be grounds for recommending denial.  If the City Planning Commission fails to act by a vote of the majority of the Commission members, the application will be forwarded to the City Council without recommendation of no legal majority. The City Planning Commission’s written recommendations, together with the staff report and recommendation, if any, shall be filed with the Clerk of the City Council. 

Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16

4.2.D.4 Action by City Council   

a.  The City Council shall hold a public hearing in accordance with its rules and take action by motion of approval, modified approval, or denial sixty (60) days from receipt of a City Planning Commission recommendation. The City Council may not take official action upon any application requiring a recommendation of the City Planning Commission until the report of the Commission has been received or, if the City Planning Commission has failed to act by a vote of the majority of the Commission members, once the application has been forwarded to the City Council without recommendation.

b.  If the City Council fails to take action by motion sixty (60) days from receipt of the City Planning Commission recommendation, the application is denied. If the application is forwarded to the City Council without recommendation from the City Planning Commission and the City Council fails to take action by motion sixty (60) days from the date it received the application, the application is denied.

c.  If the City Council takes action by motion of approval or modified approval, the City Council may forward the motion to the City Law Department for preparation of an ordinance.  If the ordinance is introduced by the City Council, the ordinance shall lay over for a minimum of twenty (20) days following introduction before the Council may adopt it. The City Council's adoption of a motion shall not be construed as an approval of a zoning matter unless and until an ordinance is introduced and adopted in accordance with the Charter; introduction of an ordinance does not indicate the City Council's approval of a zoning matter.  Failure by the City Council to take action on a zoning ordinance within ninety (90) days of the date the City Council took action by motion shall mean that the application is denied.

4.2.E Approval Standards   

The City Planning Commission recommendation and the City Council decision on any zoning text or map amendment are matters of legislative discretion. In making their recommendation and decision, the City Planning Commission and the City Council shall consider the standards in Table 4-1: Standards for Zoning Amendments below.

4.2.F Appeals   

An aggrieved party may appeal a City Council decision on a zoning map or text amendment to Orleans Parish Civil District Court within thirty (30) days of the date of the decision by the City Council, 30 days of the date upon which the City Council action is final resulting in a denial, takes no action on a matter at the last possible Council meeting before a deadline resulting in a denial, or the date the ordinance is adopted by the Council, thereby giving approval.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.2.Chart Zoning Amendment Process   

4.3 Conditional Uses   

4.3.A Purpose   

Within each zoning district, the use of land and structures are substantially uniform. However there are certain uses that, because of their unique characteristics, cannot be properly classified in certain districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. These uses are allowed as conditional uses within the zoning districts. This section sets forth the standards used to evaluate proposed conditional uses and the procedures for approving conditional uses. The designation of a use in a zoning district as a conditional use does not constitute an authorization or assurance that such use will be approved. No conditional use may be established and no building permit may be issued for any use designated as a conditional use within a zoning district until a conditional use ordinance is adopted by the City Council and final drawings are submitted to and approved by the Executive Director of the City Planning Commission.

4.3.B Initiation   

Conditional Use applications are initiated as follows:

1.  The City Council may initiate a Conditional Use application by adoption of a motion.

2.  A property owner in the city or a person expressly authorized in writing by the owner may file an application for a Conditional Use for the area of land for which the Conditional Use is requested. The application shall bear the signature and acknowledgment of the owner(s) or authorized agents of not less than fifty percent (50%) of the area of land for which the Conditional Use is requested. Where property is jointly owned, all co-owners of the property or their authorized agents shall sign the application for the property to be included in the fifty percent (50%) area requirements.

4.3.C Authority   

The City Council, after receiving a recommendation from the City Planning Commission, shall take formal action on requests for conditional uses, in accordance with Sections 5-406 and 5-407 of the City Charter.

4.3.D Procedure   

4.3.D.1 Submittal of Application   

a. An application for a conditional use shall be filed with the Executive Director of the City Planning Commission, in accordance with the requirements in Section 3.2, accompanied by a development plan as required by Section 4.5, and reviewed for completeness by the Executive Director.

b. Conditional Use applications initiated by the City Council require a completed application, but may be exempt from fees. If it is the intent of the City Council to waive the fees, the waiver and fee amount shall be stated in the motion initiating the request. Applications may also be exempt from Neighborhood Pariticipation Program requirements for good cause.  If it is the intent of the City Council to waive the NPP requirement, that should be stated in the motion initiating the request.

c.  If a zoning amendment is required or requested, that application shall accompany the application for a conditional use for reference. A zoning amendment application shall be processed according to the procedures of Section 4.2.

d.  If the proposed use requires subdivision, an application for a subdivision shall be filed prior to the issuance of a building permit. The subdivision must be completed prior to the issuance of a certificate of occupancy for the structure or use.

e.  For conditional uses subject to additional requirements from state or federal agencies, such as the Federal Aviation Administration or the Louisiana Department of Environmental Quality, all required submittals from such agencies shall be submitted with the application. Where the state or federal agency cannot verify that all requirements are met prior to approval of the conditional use, the applicant shall obtain a letter from the agency stating that the agency will verify that all requirements are met after the conditional use approval is granted.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.3.D.2 Pre-Application Meeting and Project Neighborhood Participation Program   

All applications for conditional uses shall include a Project Neighborhood Participation Program (Project NPP).  Conditional Use applications initiated by the City Council are subject to the Project NPP, although the property owner or owner's agent may conduct the NPP meeting in accordance with the requirements of this section.  Until all required NPP documents are submitted to CPC staff, including the meeting notice letter, sign-in sheets, and NPP meeting summary, the request will not be deemed complete for the purpose of a completeness review as provided in Section 3.2.B.  The City Council may also require the party of interest to undergo the NPP process prior to the motion being acted on by the City Council.  During a time of declared emergency by the Governor or Mayor, when in-person meetings are not an available option, the City Planning Commission Director shall be authorized to require teleconferencing, virtual, or other remote meeting formats to satisfy NPP requirements.

a.  Applicants shall first meet with the staff of the City Planning Commission to become familiar with the procedure and approval standards for conditional uses and to obtain guidance on the requirements of the Project NPP.

b.  The Project NPP shall include the following information:

i.  A brief description of the proposal, including the type of land use request, known needed variances and citations for each, estimated start and end dates, and a development plan for the project.  The description shall include the proposed floor area square feet, number of units, and number of floors.

ii.  An outlined area map and a contact list for notifying the individuals and entities identified in Section 3.3.

iii.  A general description of how parties on the contact list will receive information on the project, including a statement as to which public notification techniques will be used for the project.

iv. A general description of how parties on the contact list will be informed of any changes or amendments to the proposed project after the applicant’s initial contact.

v. A statement as to how those impacted by the proposal will be provided an opportunity to discuss the request if issues or questions should continue or suddenly arise.

c.  The applicant shall provide the typed Project NPP and notice, including email notification to applicable registered neighborhood associations, of an opportunity for interested parties to attend a meeting to discuss the proposed application not less than fourteen (14) nor more than thirty (30) days after the date on which the applicant provides notification to the parties on the contact list.  In addition, the applicant shall notify the City Planning Commission of the meeting date, time, and location not less than fourteen (14) days prior to the meeting.  The applicant shall hold the meeting at the noticed time.  The applicant shall distribute informational handouts to meeting attendees.  The handouts shall include information about the applicable zoning district, registering with City notification system(s), accessing application documents and NPP meeting summary reports. 

For the purposes of this section, meetings may be held in a physical location that is in accordance with the City Planning Commission's Administrative Rules, Policies, and Procedures.  The notice provided in accordance with this section shall include a brief description of the request and shall indicate the existing zoning classification of the subject property and the zoning classfication the applicant intends to request and the citation for the conditional use. 

d.  The applicant shall submit a Project NPP report with the application. The report shall provide the following information:

i. The names of the individuals and entities that were notified and the total number of number of people that participated in the process. 

ii. A list of the concerns, issues, and problems expressed by the participants.

iii. A statement as to how each concern, issue, and problem is addressed and how the applicant intends to continue to address them. If the concern, issue, or problem is not being addressed, the applicant should state the reasons.

iv.  Copies of letters, affidavits, meeting invitations, newsletters, publications, and petitions received in support of or in opposition to the proposed project, and any other materials pertaining to the notification process.

v.  The date, time, and location of all meetings held with interested parties, or a statement indicating the reasons if no meeting was held. No information pertaining to any meeting held more than one hundred eighty (180) days prior to the submittal of the application shall be accepted as part of the Project NPP report, except where subsequent meetings with interested parties have occurred within the one hundred eighty (180) days preceding the submittal of the Project NPP report.

vi.  A completed sign-in sheet that includes the names, addresses, and contact information for meeting attendees.

Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16; Ord. 28782 MCS, 9-23-21, ZD 46/21

4.3.D.3 Action by the City Planning Commission   

a.  The City Planning Commission shall conduct a public hearing on a proposed conditional use in accordance with Section 3.4 fifty (50) days from the date the application is docketed. Notice of the public hearing is required in accordance with Section 3.3.

b.  After the close of the public hearing, the City Planning Commission shall make a recommendation. Based upon the evidence presented at the public hearing, the City Planning Commission shall evaluate the application against the applicable standards in Paragraph F below.

c.  The City Planning Commission shall recommend approval, modified approval, or denial sixty (60) days from the opening of the public hearing.  The City Planning Commission may also vote to defer action within City Charter required timeframes in cases where it discovers applicants have not submitted complete and accurate information, including but not limited to errors or omissions in following the Project NPP.  The failure to resolve a finding of incomplete or inaccurate information may be grounds for recommending denial.  If the City Planning Commission fails to act by a vote of the majority of the Commission members, the application will be forwarded to the City Council without recommendation of no legal majority. The City Planning Commission’s written recommendations, together with the staff report and recommendation, if any, shall be filed with the Clerk of the City Council. 

Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16

4.3.D.4 Action by the City Council   

a.  The City Council shall hold a public hearing in accordance with its rules and take action by motion of approval, modified approval, or denial sixty (60) days from receipt of a City Planning Commission recommendation. The City Council may not take official action upon any application requiring a recommendation of the City Planning Commission until the report of the Commission has been received or, if the City Planning Commission has failed to act by a vote of the majority of the Commission members, once the application has been forwarded to the City Council without recommendation.

b.  If the City Council fails to take action by motion sixty (60) days from receipt of the City Planning Commission recommendation, the application is denied. If the application is forwarded to the City Council without recommendation from the City Planning Commission and the City Council fails to take action by motion sixty (60) days from the date it received the application, the application is denied.

c.  If the City Council takes action by motion of approval or modified approval, the City Council may forward the motion to the City Law Department for preparation of an ordinance.  If the ordinance is then introduced by the City Council, the ordinance shall lay over for a minimum of twenty (20) days following introduction before the City Council may adopt it.  The City Council's adoption of a motion shall not be construed as an approval of a zoning matter unless and until an ordinance is introduced and adopted in accordance with the Charter; introduction of an ordinance does not indicate the City Council's approval of a zoning matter.  Failure by the City Council to take action on a zoning ordinance within ninety (90) days of the date the City Council took action by motion shall mean the application is denied.

4.3.E Conditions   

1.  The City Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, design, construction, maintenance, and operation of the conditional use as deemed necessary for the protection of the public health, safety, and welfare.

2.  Any conditions imposed shall be set forth in the ordinance approving the conditional use and incorporated into or noted on the development plan for final approval. The applicant shall submit the revised development plan incorporating all conditions within one (1) year of adoption of the conditional use ordinance by the City Council. The Executive Director of the City Planning Commission shall verify that the development plan incorporates all conditions set forth in the ordinance authorizing the conditional use, and shall sign the plan to indicate final plan approval.

3.  The applicant shall record the signed development plan in the Office of the Clerk of the Civil District Court for the Parish of Orleans within thirty (30) days of the date of final approval and shall submit evidence of such recordation to the Executive Director of the City Planning Commission. If the applicant fails to record the signed development plan within this period, the ordinance approving the conditional use is deemed null. No permits or licenses for the conditional use may be issued until the development plan has been recorded and evidence of the recording has been provided to the Executive Director of the City Planning Commission. The City Planning Commission shall maintain a record of such approved conditional uses, the development plans, and any conditions attached thereto.

4.  The City Council may grant a variance from specific zoning standards otherwise applicable to the use by this Ordinance to secure the general objectives of this section, provided however that any such shall be based on a finding that the case meets the approval standards of Section 4.6.F. However, the City Council cannot waive or modify any approval standards of this section.

4.3.F Approval Standards   

The City Planning Commission recommendation and the City Council decision on applications for a conditional use shall, on the basis of all information submitted, evaluate the impact of the conditional use on and the compatibility of the use with surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Commission and Council shall specifically consider the extent to which:

1.  The proposed use at the specified location is consistent with the policies embodied in the adopted Master Plan.

2.  The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations.

3.  The proposed use meets all standards specifically applicable to the use as set forth in Article 20 and all environmental performance standards of this Section 21.3.

4.  The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public right-of-way to mitigate development-related adverse impacts, including but not limited to:

a.  Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire.

b.  Off-street parking and loading areas.

c.   Refuse and service areas.

d.  Utilities with reference to location, availability, and compatibility.

e.  Screening and buffering features to minimize visual impacts and/or set-backs from adjacent uses.

f.  Control of proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

g.   Required yards and open space.

h.  Height and bulk of structures.

i.   Hours of operation.

j.  Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets.

k.  The amount and location of existing impervious surface.

5.  Any variance of zoning standards meets the approval standards of Section 4.6.F.

6.  The proposed use is not materially detrimental to the public health, safety, and welfare, or results in material damage or prejudice to other property in the vicinity.

Adopted by Ord 28800 MCS, 10-21-21, ZD 56/21

4.3.G Rules for Approved Conditional Uses   

The following general rules apply to all approved conditional uses:

1.  Approval of a conditional use authorizes only the particular use for which the conditional use is issued.

2.  No proposed or existing building, premise, or land use authorized by a conditional use may be enlarged, extended, relocated, or otherwise changed from that approved by the conditional use ordinance, unless an application is made for approval in accordance with the procedures set forth in this section.

3.  Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code, and any permits required by regional, state, and federal agencies.

4.3.H Expiration and Extension of Time   

Termination of approval of a conditional use for failure to commence development or an extension of the time for performance of a conditional use is governed as follows:

4.3.H.1 Expiration   

a.  For new construction, the conditional use approval will expire within three (3) years from the date the Executive Director of the City Planning Commission approves the final drawings for a conditional use if a building permit has not been issued and substantial construction has not been commenced, and no request for an extension of time is pending.

b.  For conditional uses approved for existing structures or for a parcel of land where no structure is planned, if the use has not been established within a period of three (3) years from the date the Executive Director of the City Planning Commission approves the final drawings for a conditional use, then the conditional use will expire.

4.3.H.2 Extension of Time   

a.  Unless otherwise prohibited, the Executive Director of the City Planning Commission may extend the time for expiration of a conditional use approval for a period not to exceed one (1) year upon a showing of good cause by the applicant. A request for extension shall be made in writing within the original period of validity. A request made after the original period of validity but within one (1) year of the original period of validity must be considered by the City Planning Commission. An extension for a period in excess of one (1) year may be granted only by the City Council in accordance with Paragraph b below.

b.  The holder of a conditional use may petition the City Council for a longer extension of time. A request for extension shall be made in writing within the original period of validity. The City Council shall hold a public hearing and decide whether to extend the time period. Notice for the public hearing is required in accordance with Section 3.3. The applicant and the owner of record of the property shall be notified of a public hearing to be conducted by the City Council. Following the public hearing, the City Council shall render its decision whether to terminate or extend the approval, taking into account hardship to the applicant or property owner, changes in surrounding circumstances that have occurred since the original approval, and the likelihood that substantial construction will occur during any period of extension. 

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.3.I Revocation of Conditional Use   

A conditional use may be revoked through the adoption of an ordinance for such by the City Council after finding that any one (1) of the following conditions exists or after the occurrence of any of the following events:

1.  The operation of the use for which a conditional use has been approved ceases for a continuous period of one (1) year by discontinuation or abandonment.

2.  Any of the provisions of this Ordinance or any of the terms and conditions of the conditional use approval are violated,as determined by the Director of the Department of Safety and Permits.

3.  A request is made by the property owner to revoke the conditional use.

The revocation process shall be the process identified for establishing a conditional use in Article 4, Section 4.3 "Conditional Use", except that development plans, and a project NPP shall not be required as part of the application for revocation of a conditional use.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.3.J Zoning Map Record of Conditional Use   

Within thirty (30) days of receiving evidence of the recording of an approved conditional use, the City Planning Commission shall designate the location of the conditional use on the Official Zoning Map with the symbol “CU” and shall indicate the boundaries of the conditional use in a manner that is distinct from the manner in which zoning district boundary lines are indicated. The City Planning Commission shall remove the symbol for and boundaries of a conditional use from the Official Zoning Map upon a determination by the Director of Safety and Permits that the conditional use has expired or upon the revocation of the conditional use by the City Council.

4.3.K Appeals   

An aggrieved party may appeal a decision by the City Council on a conditional use to the Orleans Parish Civil District Court within thirty (30) days of the date of the decision by the City Council, 30 days of the date upon which the City Council action is final resulting in a denial, takes no action on a matter at the last possible Council meeting before a deadline date resulting in a denial, or the date the ordinance is adopted by the Council, thereby giving approval.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.3.Chart Conditional Use Process   

4.4 Planned Developments   

4.4.A Purpose   

The purpose of a planned development is to:

1.  Encourage the adaptive reuse of existing structures in a manner that promotes sustainable development and design compatible with the character of the surrounding area and adjoining properties.

2.  Encourage the master planning of development on larger tracts of land to promote site-specific flexibility and to manage the impact of these developments on the provision of City services and infrastructure.

3.  Encourage creative and innovative approaches to the use of land that results in more sustainable development and design than might otherwise be accomplished under the strict application of this Ordinance.

4.  Provide for the efficient use of land to preserve natural functions and to facilitate a more effective arrangement of land uses, buildings, circulation systems and utilities.

5.  Preserve natural amenities of the land through the provision and maintenance of conservation areas and usable open spaces.

6.  Facilitate the implementation of the Master Plan.

7.  Promote a full range of housing choices for households of all incomes in adaptive reuse planned developments.

4.4.B Initiation   

Planned Development applications are initiated as follows:

1.  The City Council may initiate a Planned Development application by adoption of a motion.

2.  A property owner in the city or a person expressly authorized in writing by the owner may file an application for a Planned Development for the area of land for which the Planned Development is requested. The application shall bear the signature and acknowledgment of the owner(s) or authorized agents of not less than fifty percent (50%) of the area of land for which the Planned Development is requested. Where property is jointly owned, all co-owners of the property or their authorized agents shall sign the application for the property to be included in the fifty percent (50%) area requirements.

4.4.C Authority   

The City Council, after receiving a recommendation from the City Planning Commission, shall take formal action on requests for planned developments, in accordance with Sections 5-406 and 5-407 of the City Charter.

4.4.D Existing Planned Community Developments   

Existing Residential Planned Community Districts, Central Business District Planned Community Districts, and Mixed-Use Planned Community Districts remain valid, shall continue to comply with all requirements and conditions of their initial approval, and are considered planned developments. Any amendments to existing Residential Planned Community Districts, Central Business District Planned Community Districts, and Mixed-Use Planned Community Districts shall follow the procedures of this section for amendments to planned developments. Where a use within a planned development was classified as a conditional use prior to the effective date of this Ordinance, and that use is now classified as a permitted use as of the effective date of this Ordinance, that use is deemed a lawful permitted use and shall comply with the transition and applicability rules of Article 1.

4.4.E Procedure   

4.4.E.1 Submittal of Application   

a. An application for a planned development shall be filed with the Executive Director of the City Planning Commission, in accordance with the requirements in Section 3.2, accompanied by a development plan as required by Section 4.5, and reviewed for completeness by the Executive Director.

b. Planned development applications initiated by the City Council require a completed application, but may be exempt from fees. If it is the intent of the City Council to waive the fees, the waiver and fee amount shall be stated in the motion initiating the request. Applications may also be exempt from Neighborhood Pariticipation Program requirements for good cause. If it is the intent of the City Council to waive the NPP requirement, that should be stated in the motion initiating the request.

c.  If a zoning amendment is required or requested, that application shall accompany the application for a conditional use for reference. A zoning amendment application shall be processed according to the procedures of Section 4.2.

d.  If the proposed use requires subdivision, an application for a subdivision shall be filed prior to the issuance of a building permit. The subdivision must be completed prior to the issuance of a certificate of occupancy for the structure or use.

e.  For conditional uses subject to additional requirements from state or federal agencies, such as the Federal Aviation Administration or the Louisiana Department of Environmental Quality, all required submittals from such agencies shall be submitted with the application. Where the state or federal agency cannot verify that all requirements are met prior to approval of the conditional use, the applicant shall obtain a letter from the agency stating that the agency will verify that all requirements are met after the conditional use approval is granted.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.4.E.2 Pre-Application Meeting and Project Neighborhood Participation Program   

All applications for planned development shall include a Project Neighborhood Participation Program (Project NPP).  Planned Development applications initiated by the City Council are subject to the Project NPP, although the property owner or owner's agent may conduct the NPP meeting in accordance with the requirements of this section.  Until all required NPP documents are submitted to CPC staff, including meeting notice letter, sign-in sheets, and NPP meeting summary, the request will not be deemed complete for the purpose of a completeness review as provided in Section 3.2.B.  The City Council may also require the party of interest to undergo the NPP process prior to the motion being acted on by the City Council.  During a time of declared emergency by the Governor or Mayor, when in-person meetings are not an available option, the City Planning Commission Director shall be authorized to require teleconferencing, virtual, or other remote meeting formats to satisfy NPP requirements.

a.  Applicants shall first meet with the staff of the City Planning Commission to become familiar with the procedure and approval standards for planned development and to obtain guidance on the requirements of the Project NPP.

b.  The Project NPP shall include the following information:

i.  A brief description of the proposal, including estimated start and end dates, a development plan for the project, known needed variances, and citations for each.

ii.  An outlined area map and a contact list for notifying the individuals and entities identified in Section 3.3.

iii.  A general description of how parties on the contact list will receive information on the project, including a statement as to which public notification techniques will be used for the project.

iv. A general description of how parties on the contact list will be informed of any changes or amendments to the proposed project after the applicant’s initial contact.

v. A statement as to how those impacted by the proposal will be provided an opportunity to discuss the request if issues or questions should continue or suddenly arise.

c.  The applicant shall provide the typed Project NPP and notice, including email notification to applicable registered neighborhood associations of an opportunity for interested parties to attend a meeting to discuss the proposed application not less than fourteen (14) nor more than thirty (30) days after the date on which the applicant provides notification to the parties on the contact list.  In addition, the applicant shall notify the City Planning Commission of the meeting date, time, and location not less than fourteen (14) days prior to the meeting.  The applicant shall hold the meeting at the noticed time.  The applicant shall distribute informational handouts to meeting attendees.  The handouts shall include information about the applicable zoning district, registering with City notification system(s), accessing application documents and NPP meeting summary reports.  For the purposes of this section, meetings may be held in a physical location that is in accordance with the City Planning Commission's Administrative Rules, Policies and Procedures.  The notice provided in accordance with this section shall include a brief description of the request and shall indicate the existing zoning classification of the subject property and the citation for the planned development.  

d.  The applicant shall submit a Project NPP report with the application. The report shall provide the following information:

i. The names of the individuals and entities that were notified and the total number of number of people that participated in the process. 

ii. A list of the concerns, issues, and problems expressed by the participants.

iii. A statement as to how each concern, issue, and problem is addressed and how the applicant intends to continue to address them. If the concern, issue, or problem is not being addressed, the applicant should state the reasons.

iv.  Copies of letters, affidavits, meeting invitations, newsletters, publications, sign-in sheets, and petitions received in support of or in opposition to the proposed project, and any other materials pertaining to the notification process.

v.  The date, time, and location of all meetings held with interested parties, or a statement indicating the reasons if no meeting was held. No information pertaining to any meeting held more than one hundred eighty (180) days prior to the submittal of the application shall be accepted as part of the Project NPP report, except where subsequent meetings with interested parties have occurred within the one hundred eighty (180) days preceding the submittal of the Project NPP report.

vi.  A completed sign-in sheet that includes the names, addresses, and contact information for meeting attendees.

Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16; Ord. 28782 MCS, 9-23-21, ZD 46/21

4.4.E.3 Action by the City Planning Commission   

a.  The City Planning Commission shall conduct a public hearing on a proposed planned development in accordance with Section 3.4 fifty (50) days from the date the application is docketed. Notice of the public hearing is required in accordance with Section 3.3.

b.  After the close of the public hearing, the City Planning Commission shall make a recommendation. Based upon the evidence presented at the public hearing, the City Planning Commission shall evaluate the application against the applicable standards in Paragraph G below.

c.  The City Planning Commission shall recommend approval, modified approval, or denial sixty (60) days from the opening of the public hearing. The City Planning Commission may also vote to defer action within City Charter required timeframes in cases where it discovers applicants have not submitted complete and accurate information, including but not limited to errors or omissions in following the Project NPP.  The failure to resolve a finding of incomplete or inaccurate information may be grounds for recommending denial.  If the City Planning Commission fails to act by a vote of the majority of the Commission members, the application will be forwarded to the City Council without recommendation of no legal majority. The City Planning Commission’s written recommendations, together with the staff report and recommendation, if any, shall be filed with the Clerk of the City Council. 

Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16

4.4.E.4 Action by the City Council   

a.  The City Council shall hold a public hearing in accordance with Section 3.4 and take action by motion of approval, modified approval, or denial sixty (60) days from receipt of a City Planning Commission recommendation. The City Council may not take official action upon any application requiring a recommendation of the City Planning Commission until the report of the Commission has been received or, if the City Planning Commission has failed to act by a vote of the majority of the Commission members, once the application has been forwarded to the City Council without recommendation.

b.  If the City Council fails to take action by motion sixty (60) days from receipt of the City Planning Commission recommendation, the application is denied. If the application is forwarded to the City Council without recommendation from the City Planning Commission and the City Council fails to take action by motion sixty (60) days from the date it received the application, the application is denied.

c.  If the City Council takes action by motion of approval or modified approval, the City Council may forward the motion to the City Law Department for preparation of an ordinance.  If the ordinance is then introduced by the City Council, the ordinance shall lay over for a minimum of twenty (20) days following introduction before the City Council may adopt it.  The City Council's adoption of a motion shall not be construed as an approval of a zoning matter unless and until an ordinance is introduced and adopted in accordance with the Charter; introduction of an ordinance does not indicate the City Council's approval of a zoning matter.  Failure by the City Council to take action on a zoning ordinance within ninety (90) days of the date the City Council took action by motion shall mean that the application is denied.

Adopted by Ord. No. 28022 MCS, §1, March 14, 2019, Zoning Docket 140/18

4.4.F Conditions   

1.  The City Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the planned development as deemed necessary for the protection of the public health, safety, and welfare.

2.  Any conditions imposed shall be set forth in the ordinance approving the planned development and incorporated into or noted on the development plan for final approval. The applicant shall submit the revised development plan incorporating all conditions within one (1) year of adoption of the planned development ordinance by the City Council. The Executive Director of the City Planning Commission shall verify that the development plan incorporates all conditions set forth in the ordinance authorizing the planned development, and shall sign the plan to indicate final plan approval.

3.  The applicant shall record the signed development plan in the Office of the Clerk of the Civil District Court for the Parish of Orleans within thirty (30) days of the date of final approval shall submit evidence of such recordation to the Executive Director of the City Planning Commission. If the applicant fails to record the signed development plan within this period, the ordinance approving the planned development is deemed null. No permits or licenses for the conditional use may be issued until the development plan has been recorded and evidence of the recording has been provided to the Executive Director of the City Planning Commission. The City Planning Commission shall maintain a record of such approved planned development, the development plans, and any conditions attached thereto.

4.  The City Council may waive or modify specific zoning standards otherwise applicable to the planned development by this Ordinance to secure the general objectives of this section, provided, however, that any such variance shall be based upon a finding that the case meets the approval standards of Section 4.6.F. However, the City Council cannot waive or modify any approval standards of this section.

4.4.G Approval Standards   

The City Planning Commission recommendation and the City Council decision on applications for a planned development shall, on the basis of all information submitted, evaluate the impact of the planned development on the surrounding properties and neighborhoods to ensure the appropriateness of the planned development at a particular location and ensure that the planned development will not have an adverse impact on the surrounding neighborhood. The Commission and Council shall specifically consider the extent to which:

1.  The proposed planned development complies with the applicable standards of Article 5.

2.  The proposed planned development at the specified location is consistent with the policies embodied in the adopted Master Plan.

3.  The proposed planned development is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public right-of-way to mitigate development-related adverse impacts, including but not limited to:

a.  Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire.

b.  Off-street parking and loading areas, with particular reference to the extent to which requirements have been met, so as to place no additional burden on the neighborhood.

c.   Refuse and service areas.

d.  Utilities with reference to location, availability, and compatibility.

e.  Screening and buffering features to minimize visual impacts and/or set-backs from adjacent uses.

f.  Control of proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

g.   Required yards and open space.

h.  Height and bulk of structures.

i.  Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets.

j.  The amount and location of existing impervious surface.

4.   Any proposed variance from zoning standards meets the approval standards of Section 4.6.F. with the exception that the required affordable housing units as part of the affordable housing development shall not be subject to a variance.

Adopted by Ord 28800 MCS, 10-21-21, ZD 56/21

4.4.H Rules for Approved Planned Developments   

1.  No planned development may be modified or enlarged unless an application is made for approval of a new planned development in accordance with the procedures set forth in this section.

2.  The planned development shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code, and any permits required by regional, state, and federal agencies.

4.4.I Expiration and Extension of Time   

Termination of approval of a planned development for failure to commence development or an extension of the time for performance of a planned development is governed as follows:

4.4.I.1 Expiration   

a. The planned development will expire within three (3) years of the date that the Executive Director of the City Planning Commission approves the planned development drawings if a building permit has not been issued and substantial construction has not been commenced, and no request for an extension of time is pending.

b. For planned developments approved for existing structures, if the planned development has not been established within a period of three (3) years from the date the Executive Director of the City Planning Commission approves the final drawings for a planned development, then the planned development will expire. 

4.4.I.2 Extension of Time   

a.  Unless otherwise prohibited, the Executive Director of the City Planning Commission may extend the time for expiration of a planned development approval for a period not to exceed one (1) year upon a showing of good cause by the applicant. A request for extension shall be made in writing within the original period of validity. An extension for a period in excess of one (1) year may be granted only by the City Council in accordance with Paragraph b below.

b.  The holder of a planned development may petition the City Council for a longer extension of time. A request for extension shall be made in writing within the original period of validity. The City Council shall hold a public hearing and decide whether to extend the time period. Notice for the public hearing is required in accordance with Section 3.3. The applicant and the owner of record of the property shall be notified of a public hearing to be conducted by the City Council. Following the public hearing, the City Council shall render its decision whether to terminate or extend the approval, taking into account hardship to the applicant or property owner, changes in surrounding circumstances that have occurred since the original approval, and the likelihood that substantial construction will occur during any period of extension. 

4.4.J Revocation of Planned Development   

A planned development may be revoked through the adoption of an ordinance for such by the City Council after finding that any one (1) of the following conditions exists or after the occurrence of any of the following events:

1.  Any of the provisions of this Ordinance or any of the terms and conditions of the planned development approval are violated, as determined by the Director of the Department of Safety and Permits.

2.  A request is made by the property owner to revoke the planned development.

The revocation process shall be the process identified for establishing a planned development in Article 4, Section 4.4 "Planned Development" except that development plans, and a project NPP shall not be required as part of the application for revocation of a planned development.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.4.K Appeals   

An aggrieved party may appeal a decision by the City Council on a planned development to the Orleans Parish Civil District Court within thirty (30) days of the date of the decision by the City Council, 30 days of the date upon which the City Council action is final resulting in a denial, takes no action on a matter at the last possible Council meeting before a deadline date resulting in a denial, or the date the ordinance is adopted by the Council, thereby giving approval.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.4.Chart Planned Development Process   

4.5 Development Plan and Design Review   

4.5.A Purpose   

The development plan and design review process is intended to promote orderly development and redevelopment in the City and to assure that such development or redevelopment occurs in a manner that is harmonious with surrounding properties and neighborhoods, is consistent with the Master Plan, and promotes the general welfare of the City. This section provides standards by which to determine and control the physical layout and design to:

1.  Ensure compatibility of land uses and structures.

2.  Protect and enhance community property values.

3.  Ensure the efficient use of land.

4.  Minimize traffic and safety hazards.

5.  Ensure efficient parking layout.

6.  Minimize environmental impacts.

7.  Incorporate proper stormwater management and sustainable design techniques.

4.5.B Applicability   

Development plan and design review is required as follows and summarized in Table 4-2: Development Plan and Design Review Thresholds:

1.   New construction of multi-family dwellings, townhouse developments, non-residential, or mixed-use development that is forty-thousand (40,000) square feet or more in gross floor area.  In local historic districts, the design guidelines of the applicable Commission, the New Orleans Historic District Landmarks Commission, Central Business District Historic District Landmarks Commission, or Vieux Carre Commission, shall prevail over building design standards of the Comprehensive Zoning Ordinance. Unless otherwise required by this section or this Ordinance, these applications are reviewed by the Executive Director of the City Planning Commission and the Design Advisory Committee.

2.   Unless otherwise required by this section or this Ordinance, applications for additions or enlargements as follows are reviewed by the Executive Director of the City Planning Commission and the Design Advisory Committee. Developments or portions of a development that are located in an industrial or institutional zoning district and that are not visible from the public right-of-way shall be exempt.

a.   Additions or enlargements to multi-family dwellings or townhouse developments that bring the total gross floor area to forty-thousand (40,000) square feet or more.

b.   Enlargement to a non-residential or mixed-use structure that brings the total gross floor area to forty-thousand (40,000) square feet or more.

c.   Additions of new structures to a non-residential or mixed-use development on a lot that bring the total gross floor area of all structures on the lot to forty-thousand (40,000) square feet or more.

d.   Substantial improvements to any non-residential or mixed-use structure, or group of structures on the same lot, where the total gross floor area is forty-thousand (40,000) square feet or more. Substantial improvements are defined as demolition and reconstruction of existing buildings valued at fifty percent (50%) or more of the initial value of the existing building.

3.   Unless otherwise required by this section or this Ordinance, applications for any size development within the areas described as follows are reviewed by the Executive Director of the City Planning Commission and the Design Advisory Committee. Except in the UAD Overlay District, single and two-family dwellings and any development or portion of a development that is located in an industrial or institutional zoning district that is not visible from the public right-of-way are exempt.

a.    CPC Character Preservation Corridor Design Overlay District

b.    Developments on lots within the entirety of each block located at the major intersections along a design overlay district identified in Article 18.

c.     Development on a through lot in an identified design overlay districts of Article 18

d.    Development with one-hundred (100) feet or more of lot frontage in an identified design overlay districts of Article 18

e.     UAD University Area Design Overlay District

4.   Unless otherwise required by this section or this Ordinance, applications for any development, new building construction, substantial improvement, and exterior redesign which implicates the design requirements of the base zoning or design overlay district and site plan modifications that implicate the standards of the overlay district that does not meet the thresholds of Paragraphs 1, 2, and 3 above, and sign applications, as applicable, within the following overlay districts (Article 18), are reviewed solely by the Executive Director of the City Planning Commission. Except in the UAD Overlay District, single-family dwellings, two-family dwellings, and any development or portions of a development that are located in an industrial or institutional district and that are not visible from a public right-of-way are exempt.

a.  RIV Riverfront Design Overlay District

b.  EC Enhancement Corridor Design Overlay District

c.  CT Corridor Transformation Design Overlay District

d. GC Greenway Corridor Design Overlay District

e. UAD University Area Design Overlay District

5.   Electric Utility Substations, Transmission Lines, and District Energy Systems (except District Energy Systems located in HI Heavy Industrial, LI Light Industrial and MI Maritime Industrial Districts)

6.   All applications for a conditional use and planned developments. Unless otherwise required by this section or this Ordinance, these applications are reviewed by the City Planning Commission and the City Council.

7.   Where the City Planning Commission or the City Council is authorized to impose conditions, the Commission or Council may require submission of a development plan as a requirement of such application.

8.   When the public benefit floor area ratio bonus provisions of Section 17.5 within the Central Business Districts are used, the Commission or Council may require submission of a development plan as a requirement of such application. Unless otherwise required by this section or this Ordinance, these applications are reviewed by the Executive Director of the City Planning Commission and the Design Advisory Committee.

9.   Where this Ordinance specifically requires site plan and design review as a condition of approval, including when required by the use standards of Article 20 or the site development standards of Article 21. The specific standards will indicate whether site plan and design review is required by the Executive Director of the City Planning Commission and the Design Advisory Committee or solely by the Executive Director of the City Planning Commission.

10. All essential services described in Section 6.4. Unless otherwise required by this section or this Ordinance, such applications are reviewed solely by the Executive Director of the City Planning Commission. However, the Executive Director of the City Planning Commission may waive this requirement.

11. When a property is located within the Vieux Carré Historic District or within the Historic Districts Landmark Commission’s full control Historic Districts, those developments are exempt from site plan and design review, but are subject to the review procedures of the Vieux Carré Commission or Historic Districts Landmark Commission, as applicable.  Properties within full control local historic districts are not exempt from design review of site design by the City Planning Commission Executive Director or Design Advisory Committee. Properties within partial control local historic districts are not exempt from design review. Properties with the RIV Riverfront Design Overlay District are not exempt.

 

¹ Excluding single- and two-family dwellings and any development or portion of a development that is located in an industrial or institutional zoning district and that is not visible from the public right of way.

² The specific standards will indicate whether site plan and design review is required by the Design Advisory Committee or the Executive Director of the CPC.  

³Except District Energy Systems located in HI Heavy Industrial, LI Light Industrial and MI Maritime Industrial Districts.

Adopted by Ord. 27,674 MCS, §1, March 6, 2018, Zoning Docket 085-17, Ord. 28,322 MCS, §1, February 28, 2020, Zoning Docket 117-19; Ord 28800 MCS, 10-21-21, ZD 56/21; Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22; Ord. 29882, April 5, 2024, Zoning Docket 089/23;

4.5.C Submittal Requirements   

In addition to any other information required by this Ordinance, development plans shall be prepared at a scale of not more than fifty (50) feet to one (1) inch and contain the following information:

1.  The name of the individual or firm preparing the plan.

2.  The north arrow, scale, and date.

3.  The boundaries and dimensions of the property involved, the general location of all existing easements, sector lines, property lines, existing streets, structures or waterways, and other significant physical features in or adjoining the project.

4.  The approximate location and sizes of sanitary and storm sewers, water mains, culverts, and other underground utilities and structures in or near the project.

5.  The general location and character of construction of any proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas, numbers of parking and loading spaces, exterior lighting systems, storm drainage, and sanitary facilities.

6.  The approximate height of all proposed structures, principal and accessory, or major excavations in relation to heights of structures on adjoining property. The location should be drawn to scale but full dimensioning is not required.

7.  Building elevations, locations, and dimensions.

8.  General location of parking and site circulation.

9.  General location, height, and material of all fences, walls, screening, and landscape.

10.  A tabulation of the total gross area in square feet or acres of the project site and the floor area in square feet of any building(s) in the proposed development.

11.  Landscape and stormwater management plan, where applicable.

12.  Such other information as may be required in order to meet standards in the district in which the use is to be located.

13.  A narrative description of how the proposed development addresses the design goals.

The Executive Director of the City Planning Commission may waive submittal requirements where such information is not necessary to determine the nature of the development or that the development meets relevant approval criteria.

Adopted by Ord 28800 MCS, 10-21-21, ZD 56/21; Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.5.D Procedure   

4.5.D.1 Submittal of Application   

All development plan and design review applications shall be filed with the Executive Director of City Planning Commission in accordance with the requirements in Section 3.2. When the application is complete, the Executive Director of City Planning Commission will forward a copy of the application to the appropriate body.

4.5.D.2 Development Plan and Design Review Process   

a.  When a development plan and design review application is reviewed by the Executive Director of the City Planning Commission, the Executive Director shall render a decision pursuant to the standards in Paragraph E.

i.  The Executive Director of City Planning Commission shall approve, approve with conditions, or deny the development plan. The Executive Director shall sign the stamped development plan signifying approval, approval with conditions, or denial of the application.

ii.  The Executive Director of City Planning Commission may issue an advisory opinion that includes specific recommendations regarding design review modifications.

iii.  The applicant may file a written appeal of the decision of the Executive Director of City Planning Commission to the City Planning Commission within forty-five (45) days after the date of the final decision in accordance with Section 4.8.

b.  When a development plan is approved by the Executive Director of the City Planning Commission and design review recommendations are provided by the Design Advisory Committee, all decisions shall be rendered pursuant to the standards in Paragraph E within ninety (90) days from the date the application is deemed complete.

i.   The Executive Director of City Planning Commission shall approve, approve with conditions, or deny the development plan. The Executive Director shall sign the stamped development plan signifying approval, approval with conditions, or denial of the application.

ii.  The Design Advisory Committee shall issue an advisory opinion that includes specific recommendations regarding design review modifications within sixty (60) days from the date the application is deemed complete.

iii.  The applicant may file a written appeal of the decision of the Executive Director of City Planning Commission to the City Planning Commission within forty-five (45) days after the date of the final decision in accordance with Section 4.8.

iv. The applicant may file a written appeal of the decision of the City Planning Commission to the City Council within forty-five (45) days after the date of the final decision.

c.  When a development plan and design review application is considered in conjunction with another application, the body considering the application shall render a decision pursuant to the standards in Paragraph E below as part of the decision on the original application.

d.  The body or official approving a development plan shall determine whether the development plan and design review application conforms to the zoning district regulations and design standards in the district where the property is located, including any special regulations applicable to the particular use under Article 20 or Article 21.

e.  The body or official approving a development plan may attach such conditions to the approval of the development plan as reasonably necessary to assure compliance with the requirements of this Ordinance.

4.5.E Approval Standards   

In reviewing site plan and design review applications, the relationship of the development plan to adopted land use policies and the goals and objectives of the Master Plan shall be evaluated. In addition, the following characteristics shall be considered:

1. Degree of conformity with the regulations of this Ordinance.

2.  Degree of conformity with all applicable regulations within the City Code, and the goals and policies of the Master Plan.

3.  The location, arrangement, size, design, and general site compatibility of buildings, lighting, and signs, including:

a.  Compatibility with, and mitigation of, any potential impact upon, adjacent property.

b.  Site illumination designed and installed to minimize adverse impact on adjacent properties.

4.  Landscape and the arrangement of open space or natural features on the site shall:

a.  Create a desirable and functional environment for motorists, pedestrians, bicyclists, and occupants of residential dwellings, business owners, and employees. To achieve such an environment, landscape may take advantage of open space design features such as bike paths, running paths, and outdoor relaxation areas.

b.  Preserve unique natural resources, including measures to preserve and protect existing healthy, mature trees.

c.  Protect natural resources and landscape on adjacent sites.

d.  Design drainage facilities to promote the use and preservation of natural watercourses and patterns of drainage.

e.  Utilize plant materials suitable to withstand the climatic conditions of New Orleans and microclimate of the site. The use of native species is encouraged.

f.  Screening to buffer the impact of the development on adjacent uses and enhance the appearance and image of the City by screening incompatible uses and certain site elements, and creating a logical transition to adjoining lots and developments.

5.  Circulation systems and off-street parking shall be designed to:

a.  Provide adequate and safe access to the site for motor vehicles as well as alternate modes of transportation, including pedestrians, bicyclists, and public transit.

b.  Minimize potentially dangerous traffic movements.

c.  Separate pedestrian and auto circulation and provide for bicycle parking or storage where required.

d.  Minimize curb cuts by using cross-access servitudes and shared parking.

e.  Design off-street parking lots or garages to minimize adverse impacts on adjacent properties, particularly through the use of perimeter and interior landscape, and promote logical and safe parking and internal circulation.

f.  Clearly define pedestrian access from the parking area to the building(s). A clearly defined visible and identifiable network of pedestrian connections should be provided in and between parking lots, street sidewalks, open spaces, buildings, and public transit.

6. Building design that enhances the design quality and character of the surrounding community through strategies such as:

a. Maintaining existing development patterns reflected in the intent of the Master Plan or other adopted plans, or reflecting changes proposed within the Master Plan or other adopted plans.

b. Providing a visible transition in height and bulk between higher and lower density development.

c. Reinforcing the prevailing orientation to the street.

d. Strengthening the character of walkable streets, intact residential neighborhoods, and other environments for which this prevailing character reflects the urban design goals of the Master Plan.

e. Respecting historic design context.

Adopted by Ord 28800 MCS, 10-21-21, ZD 56/21

4.5.F Changes to Approved Plans   

The following types of amendments to approved development plans are permitted, upon written request of the property owner holding the approved application.

4.5.F.1 Changes Approved by the Executive Director of City Planning Commission   

The Executive Director of the City Planning Commission may approve the following minor changes:

a.   Any changes to building materials or building facades, provided that the change in materials is listed as a permitted material.

b.   Any increases in floor area of structures, provided that the floor area is not expand beyond twenty percent (20%) and does not exceed the bulk regulations of the underlying zoning district.

c.  Any height increases to existing structures, provided that the height of the structure does not increase beyond ten percent (10%) and the height does not exceed the height limit established for the district.

d.   Any changes in the uses of the buildings, provided that the use is considered permitted in the applicable district.

e.  Rearrangements of internal streets and driveways, where such is found to be consistent with previous approvals, improves traffic circulation, and/or otherwise improves the development plan.

f.   Changes to the number and/or arrangement of parking and loading spaces that are in compliance with this ordinance. Increases or decreases in, or rearrangment of, off-street parking spaces in any part of the development plan.

g.  Such additional changes, adjustments, or alterations to elements of the development plan, such as walks, fencing, signs, lighting, landscape, or other elements, as may be necessary or desirable to improve the quality of the approved development plan or to provide for consistency with such other changes as may be authorized in this section.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.5.F.2 Changes Approved by the City Planning Commission   

The City Planning Commission, upon recommendation of other applicable City departments or commissions, may approve the following changes:

a.  Increases in total building coverage of any structure beyond twenty percent (20%) in any part of the development plan.

b.  Increases in height of any individual structure beyond ten percent (10%) and up to twenty percent (20%) of the approved height of said structure, provided that the requested height does not exceed the height limit established in the district.

c.  Increases in the number of structures permitted in any part of the development plan.

All applications for amendments to approved Conditional Use plans requiring City Planning Commission approval shall include a Project Neighborhood Participation Program (Project NPP) in accordance with Article 4, Section 4.3.D.2 Pre-Application Meeting and Project Neighborhood Participation Program.

Adopted by Ord. 29084 MCS, 7-7-22, ZD 017/22; Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.5.F.3 Changes Approved by the City Council   

The City Council, upon recommendation of the City Planning Commission and other applicable City departments or commissions, may approve all other changes to the approved development plan. However, if a new conditional use or variance is proposed, the applicant is required to resubmit a new application for approval.

4.5.G Expiration and Extension of Time   

4.5.G.1 Expiration   

Unless otherwise permitted or restricted by this Ordinance, an approved development plan is valid for three (3) years from the date that the Executive Director of the City Planning Commission approves the drawings. After three (3) years, the development plan and design review approval will expire and no construction or use is permitted until a new plan is approved. The findings of the Design Advisory Committee are transmitted to the appropriate body for inclusion in the development plan and shall remain valid in conjunction with the expiration timeframes of development plan review, including any extensions of time. 

4.5.G.2 Extension of Time   

If the applicant requests an extension of the development plan approval, in writing, prior to the date of expiration to the Executive Director of the City Planning Commission, the Executive Director may consider the request prior to the date of expiration, and, for good cause shown, the development plan approval may be extended for a period not to exceed twelve (12) months.

4.5.H Appeals   

Appeals to the City Planning Commission may be filed concerning the decision of the Executive Director of the City Planning Commission on any decision relative to development plan and design review.

4.6 Variances   

4.6.A Purpose   

The purpose of the variance procedure is to afford an applicant relief from the requirements of the letter of this Ordinance when unnecessary hardship or practical difficulty exists. 

4.6.B Initiation   

Applications for zoning variances may be filed by a property owner in the city or other person expressly authorized in writing by the property owner. 

4.6.C Authority   

1. Variances are authorized by the Board of Zoning Adjustments in accordance with Article 2, Section 2.6, Louisiana Revised Statute 33:4780.46, and Section 5-408 of the City Charter.

2. The Board of Zoning Adjustments may grant a variance from any of the standards or regulations in this ordinance, except the following in items 3, 4 and 5:

3.  The development standards for conditional uses and planned developments, or any other matter designated by the City Council expressly within these zoning regulations, shall not be subject to variances by the Board of Zoning Adjustments. However, should there be a mix of permitted and conditional uses on the site, the development standards for the permitted use(s) shall be subject to variance by the Board of Zoning Adjustments. But the development standards for that use, portion of the use, or secondary use that triggers the conditional use or planned development, shall not be subject to variance by the Board of Zoning Adjustments.

4. The Board of Zoning Adjustments shall have no power to authorize uses in zoning districts which are not authorized in zoning district regulations.

5.  The variance process shall not be used to allow prohibited sign types, including billboards.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.6.D Procedure   

4.6.D.1 Submittal of Application   

All applications shall be filed with the Executive Director of the City Planning Commission in accordance with the requirements in Section 3.2. 

4.6.D.2 Pre-Application Meeting and Project Neighborhood Participation Program   

All applications for variances, with the exception of applications for variances involving a single-family or two-family dwelling, shall include a Project Neighborhood Participation Program (Project NPP).  During a time of declared emergency by the Governor or Mayor, when in-person meetings are not an available option, the City Planning Commission Director shall be authorized to require teleconferencing, virtual, or other remote meeting formats to satisfy NPP requirements.

a.  Applicants shall first meet with the staff of the City Planning Commission to become familiar with the procedure and approval standards for variances and to obtain guidance on the requirements of the Project NPP.

b.  The Project NPP shall include the following information:

i.  A brief description of the proposal, including estimated start and end dates, known needed variances and citations for each, and a development plan for the project.

ii.  An outlined area map and a contact list for notifying the individuals and entities identified in Section 3.3.

iii.  A general description of how parties on the contact list will receive information on the project, including a statement as to which public notification techniques will be used for the project.
iv.  A general description of how parties on the contact list will be informed of any changes or amendments to the proposed project after the applicant’s initial contact.

v. A statement as to how those impacted by the proposal will be provided an opportunity to discuss the request if issues or questions should continue or suddenly arise.

c.  The applicant shall provide the Project NPP and notice, including email notification to applicable registered neighborhood associations of an opportunity for interested parties to attend a meeting to discuss the proposed application not less than fourteen (14) nor more than thirty (30) days after the date on which the applicant provides notification to the parties on the contact list.  In addition, the applicant shall notify the Board of Zoning Adjustments of the meeting date, time, and location not less than fourteen (14) days prior to the meeting.  The applicant shall hold the meeting at the noticed time.  The applicant shall distribute informational handouts to meeting attendees.  The handouts shall include information about the applicable zoning district, registering with City notification system(s), accessing application documents, and NPP meeting summary reports.  For the purposes of this section, meetings may be held in a physical location that is in accordance with the Board of Zoning Adjustments Administrative Rules, Policies and Procedures.  The notice provided in accordance with this section shall include a brief description of the request and shall indicate the existing zoning classification of the subject property.

d.  The applicant shall submit a Project NPP report with the application. The report shall provide the following information:

i. The names of the individuals and entities that were notified and the total number of number of people that participated in the process. 

ii.  A list of the concerns, issues, and problems expressed by the participants.

iii. A statement as to how each concern, issue, and problem is addressed and how the applicant intends to continue to address them. If the concern, issue, or problem is not being addressed, the applicant should state the reasons.

iv.  Copies of letters, affidavits, meeting invitations, newsletters, publications, and petitions received in support of or in opposition to the proposed project, and any other materials pertaining to the notification process.

v.  The date, time, and location of all meetings held with interested parties, or a statement indicating the reasons if no meeting was held. No information pertaining to any meeting held more than one hundred eighty (180) days prior to the submittal of the application shall be accepted as part of the Project NPP report, except where subsequent meetings with interested parties have occurred within the one hundred eighty (180) days preceding the submittal of the Project NPP report.

vi.  A completed sign-in sheet that includes the names, addresses, and contact information for meeting attendees.

Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16

4.6.D.3 Action by the Board of Zoning Adjustments   

a.  The Board of Zoning Adjustments shall conduct a public hearing in accordance with Section 3.4 forty-five (45) days from the date the application is docketed. Notice for the public hearing is required in accordance with Section 3.3.

b.  Based upon the evidence presented at the public hearing, the Board of Zoning Adjustments shall evaluate the application against the standards in Paragraph F below.

c.  The Board of Zoning Adjustments may approve, approve with modifications, or deny the application within forty-five (45) days of the close of the public hearing.  The Board of Zoning Adjustments may also vote to defer action within City Charter required timeframes in cases where it discovers applicants have not submitted complete and accurate information, including but not limited to errors or omissions in following the Project NPP.  The failure to resolve a finding of incomplete or inaccurate information may be grounds for denial.

d.  The decision shall be filed in the office of the Board of Zoning Adjustments within ten (10) days of the vote. Within ten (10) days of the effective date of the decision, written notification of such action shall be mailed to the applicant, stating the action taken and including all conditions imposed and times established.

Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16

4.6.E Conditions and Restrictions   

The Board of Zoning Adjustments may impose such conditions and restrictions upon the location, construction, design, and use of the property benefited by a variance as necessary or appropriate to protect the public interest and adjacent property. Failure to maintain such conditions or restrictions as may be imposed constitutes grounds for revocation of the variance. The terms of relief granted, including any conditions or restrictions, shall be specifically set forth in the approval.  Where those conditions or restrictions impose an on going obligation beyond the standard provisions or restrictions of the ordinance, those obligations shall be recorded in the appropriate mortgage or conveyance records.  Proof of recordation shall be submitted to the BZA staff, prior to the issuance of a building permit or certificate of occupancy (where no permit is required).

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.6.F Approval Standards   

The Board of Zoning Adjustments may authorize a variance only when the evidence presented supports a finding that each case indicates all of the following:

1.  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 zoning district.

2.  Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.

3.  The special conditions and circumstances do not result from the actions of the applicant or any other person who may have had an interest in the property.

4.  Granting the variance requested will not confer on the applicant any special privilege which is denied by this Ordinance to other lands or structures in the same district or similarly situated.

5.  The variance, if granted, will not alter the essential character of the locality.

6.  Strict adherence to the regulation by the property would result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience.

7.  The request for the variance is not based primarily upon a desire to serve the convenience or profit of the property owner or other interested party(s).

8.  The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

9.  The proposed variance will not impair an adequate supply of light and air to adjacent property, increase substantially the congestion in the public street, increase the danger of fire, or endanger the public safety.

4.6.G Expiration of Approvals and Extension of Time   

1. A variance expires one (1) year from the date of approval unless a building permit is obtained within such period and substantial construction is started or the use is commenced within such period. Unless otherwise prohibited, the Executive Director of the City Planning Commission may extend the time for expiration of a variance for a period not to exceed one (1) year upon a showing of good cause by the applicant. A request for extension shall be made in writing within the original period of validity. An extension for a period in excess of one (1) year may be granted only by the Board of Zoning Adjustments in accordance with number 2 below.

2. The holder of a variance may petition the Board of Zoning Adjustments for a longer extension of time not to exceed two (2) additional years. A request for extension shall be made in writing within the original period of validity. The Board shall hold a public hearing and decide whether to extend the time period. Notice for the public hearing is required in accordance with Article 3, Section 3.3. The applicant and the owner of record of the property shall be notified of a public hearing to be conducted by the Board of Zoning Adjustments. Following the public hearing, the Board shall render its decision whether to grant an extension of such period with good cause shown, subject to verification that the approval standards of Paragraph F above are still met.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.6.H Appeals   

An aggrieved party may appeal the Board of Zoning Adjustments' decisions on variance applications to the Orleans Parish Civil District Court within thirty (30) days of the Board of Zoning Adjustments' decision.

4.6.Chart Variance Process   

4.7 Minor Map Adjustments   

4.7.A Purpose   

The purpose of a minor map adjustment is to eliminate split-lot classifications, shift boundaries to coincide with a newly created lot line as part of a subdivision or resubdivision, or create uniform boundary lines on the Official Zoning Map or Future Land Use Map of the Master Plan. 

4.7.B Initiation   

Applications for minor map adjustments may be initiated by a property owner in the city or a person expressly authorized in writing by a property owner, the City Planning Commission, Director of the Department of Safety and Permits, and the City Council in the following instances:

1.  Where subdivisions or resubdivisions would create a lot line that no longer coincides with an existing zoning district boundary on the Official Zoning Map or land use boundary on the Future Land Use Map.

2.  Where split-lot zoning classification or split-lot land use designation occurs on the Official Zoning Map or land use boundary on the Future Land Use Map. Split-lot zoning or split-lot and use is defined as two (2) or more zoning classifications or land use designations applied to one (1) lot.

3.  Where such minor map adjustment would result in uniform boundary lines.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.7.C Procedure   

All applications for a minor map adjustment shall be filed in accordance with the requirements in Section 3.2. 

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.7.D Procedure   

4.7.D.1 Submittal of Application   

All applications for a minor map adjustment shall be filed in accordance with the requirements in Section 3.2. 

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.7.D.2 Action on Application   

a.  An application for a minor map adjustment to the Future Land Use Map shall be considered by the Executive Director of the City Planning Commission within forty-five (45) days of receipt of a complete application.

i.  The Executive Director of the City Planning Commission may either approve or deny the application for minor map adjustments.

ii.  The application shall be evaluated based upon the standards in Paragraph E below.

b.  An application for a minor map adjustment to the Official Zoning Map shall be considered by the Director of the Department of Safety and Permits within forty-five (45) days. 

i.  The Director of the Department of Safety and Permits may approve or deny the application.

ii.  Based upon the evidence presented, the Director of the Department of Safety and Permits shall evaluate the application against the standards in Paragraph E  below. 

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.7.E Approval Standards   

When considering an application for a minor map adjustment, the Department of Safety and Permits or the Executive Director of the City Planning Commission, as appropriate, shall find that the application meets both of the following standards:

1.  The minor map adjustment does not constitute a substantive change in zoning or land use that would adversely affect adjacent property.

2.  The minor map adjustment does not grant a less restrictive classification to a lot of sufficient size or configuration as to constitute a building site, unless the lot is separated from property within a more restrictive zoning district or land use category by a street, canal, or similar public right-of-way.

4.7.F Appeals   

1.  An aggrieved party may appeal the decision of the Executive Director of the City Planning Commission on minor map adjustments to the Future Land Use Map of the Master Plan to the City Planning Commission within forty-five (45) days of the Executive Director’s decision.

2.  An aggrieved party may appeal the Director of the Department of Safety and Permits decisions on minor map adjustments to the Official Zoning Map to the Board of Zoning Adjustments within forty-five (45) days of the Director’s decision.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.8 Zoning Appeals   

4.8.A Purpose   

Appeals to the Board of Zoning Adjustments may be filed by an aggrieved party or by any officer, department, commission, board, bureau, or any other agency of the City affected by any decision of the Director of the Department of Safety and Permits concerning those decisions described in Paragraph B below. Appeals shall be based in, and provide evidence of, an error in application of the law or a conflict in the law.

4.8.B Applicability   

Appeals may be filed concerning any decision of the Director of the Department of Safety and Permits on the following applications of this Ordinance:

1.  The decision of the Director of the Department of Safety and Permits on zoning verifications.

2.  The decision of the Director of the Department of Safety and Permits on Zoning Ordinance interpretations.

3.  The decision of the Director of the Department of Safety and Permits on permits issued under the Comprehensive Zoning Ordinance.

Adopted by Ord. No. 028064, §1, April 25, 2019, Zoning Docket 11/19

4.8.C Time Limit   

No appeal of the above decisions is allowed after the expiration of forty-five (45) days from the date the decision is rendered by the Director of the Department of Safety and Permits.

Adopted by Ord. No. 028064, §1, April 25, 2019, Zoning Docket 11/19

4.8.D Procedure   

Upon the filing of an application for an appeal of a Director of the Department of Safety and Permits or Executive Director of the City Planning Commission decision, the Board of Zoning Adjustments shall conduct a public hearing in accordance with Sections 3.4 and make a final decision within forty-five (45) days from the date the public hearing is closed. The Director of the Department of Safety and Permits or the Executive Director of the City Planning Commission shall produce all papers, correspondence, and records requested by the Board of Zoning Adjustments for any hearing or meeting held by the Board. The Board shall owe no deference to interpretations by the Director of the Department of Safety and Permits. In reviewing factual determinations by the Director, the Board must determine, based upon the totality of the record evidence, that the Director committed clear error and that the error was material to the Director's determination.

Adopted by Ord. No. 028064, §1, April 25, 2019, Zoning Docket 11/19; Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.8.E Stay of Proceedings   

An appeal stays all administrative proceedings in furtherance of the action appealed from, unless the Director of the Department of Safety and Permits certifies to the Board of Zoning Adjustments, after the notice of appeal is filed, by reason of facts stated in the certificate, that a stay would, in the Director’s opinion, cause imminent peril of life or property. In such case, proceedings may not be stayed after application to the Board or to the Civil District Court and notice to the Director of the Department of Safety and Permits, for due cause shown thereon, unless a restraining order is issued.

4.8.F Appeals   

An aggrieved party may appeal the Board of Zoning Adjustments' decisions on zoning appeals to the Orleans Parish Civil District Court within thirty (30) days of the Board’s decision.

4.9 Zoning Verification   

4.9.A Purpose   

The purpose of a zoning verification is to promote compliance with this Ordinance by establishing a procedure for the City to verify that an application complies with all standards of the Ordinance prior to issuance of a building permit, certificate of occupancy, or business license. 

4.9.B Authority   

The Director of the Department of Safety and Permits shall make and approve zoning verifications in accordance with the provisions of this section. The Director shall cite specific reasons for the verifications.

4.9.C Applicability   

No structure or land may be used or occupied, in whole or in part, for any purpose, until a zoning verification has been issued stating that the use, structure, and site improvements comply with the provisions of this Ordinance. A zoning verification shall be issued prior to issuance of a building permit, certificate of occupancy, or business license. A zoning verification is needed only for the first permit or license issued for the building or site. For example, new construction that requires both a building permit and a certificate of occupancy only requires a zoning verification for the building permit. 

4.9.D Process   

1.  An interested party may request a zoning verification.

2.  The Director of the Department of Safety and Permits issues a zoning verification as part of a building permit, certificate of occupancy, or business license.

3.  When a zoning verification is issued in conjunction with a building permit, certificate of occupancy, or business license, no separate application is required.

4.  The interested party shall submit an application containing the following material, unless waived by the Director of the Department of Safety and Permits:

a.  A completed application containing the applicant’s names, address, and interest in the subject property.

b.  The street address and legal description of the subject property.

c.  The proposed use or uses of the subject property and a brief description of the construction, reconstruction, remodeling, or alteration requiring the issuance of a zoning verification.

d.  Such other and further information or documentation as the Zoning Administrator may deem necessary or appropriate for a full and proper consideration and deposition of the particular application.

4.9.E Appeals   

An interested party may appeal the zoning verification decision by the Director of the Department of Safety and Permits to the Board of Zoning Adjustments within forty-five (45) days of the decision.

4.10 Interpretation   

4.10.A Purpose   

The interpretation process recognizes that the provisions of this Ordinance, though detailed and extensive, cannot, as a practical matter, address every specific situation to which they are applied. Many such situations can be readily addressed by an interpretation of the specific provisions of this Ordinance in the context of other general and specific Ordinance provisions. The interpretation authority is not intended to add or change the essential content of this Ordinance, but only to allow authoritative application of that content to specific cases. In addition, this interpretation process also provides a process to interpret the Master Plan Future Land Use Map.

4.10.B Initiation   

1.  A written application for a zoning ordinance text or map interpretation or Future Land Use Map interpretation may be filed by any interested party.

2.  The Mayor, City Council, the Executive Director of the City Planning Commission, or the City Planning Commission may request that the Director of the Department of Safety and Permits render a zoning text interpretation.

3.  The Mayor, City Council, or the Director of the Department of Safety and Permits may request that the Executive Director of the City Planning Commission render a zoning map interpretation.

4.  The Mayor, City Council, or the City Planning Commission may request that the Executive Director of the City Planning Commission render a Master Plan Future Land Use Map interpretation.

4.10.C Application   

1.  All applications for a zoning ordinance text interpretation shall be filed with the Director of the Department of Safety and Permits in accordance with the requirements in Section 3.2.

2.  All applications for a zoning map or Master Plan Future Land Use Map interpretation shall be filed with the Executive Director of the City Planning Commission in accordance with the requirements in Section 3.2.

4.10.D Authority   

1.  The Director of the Department of Safety and Permits will make and approve final written decisions on requests for zoning text interpretations. The Director shall cite the rationale for such interpretations.

2.  The Executive Director of the City Planning Commission will make and approve final written decisions on requests for zoning map interpretations. The Executive Director shall cite the rationale for such interpretations.

3.  The Executive Director of the City Planning Commission will make and approve final written decisions on requests for Master Plan Future Land Use Map interpretations. The Executive Director shall cite the rationale for such interpretations.

4.10.E Procedure   

1.  All applications for a zoning text interpretation shall be filed with the Director of the Department of Safety and Permits in accordance with the requirements in Section 3.2. The Director of the Department of Safety and Permits shall review a request for an interpretation and render the written interpretation within forty-five (45) days of receipt of a complete application. The Director of the Department of Safety and Permits has the authority  to request additional information prior to rendering an interpretation. The Director of the Department of Safety and Permits shall maintain a written record of all interpretations.

2.  All applications for a zoning map or Future Land Use Map interpretation shall be filed with the Executive Director of the City Planning Commission in accordance with the requirements in Section 3.2. The Executive Director of the City Planning Commission shall review a request for an interpretation and render the written interpretation within forty-five (45) days of receipt of a complete application. The Executive Director of the City Planning Commission has the ability to request additional information prior to rendering an interpretation. The Executive Director of the City Planning Commission shall maintain a written record of all interpretations.

4.10.F Appeals   

1.  An aggrieved party may appeal a zoning text interpretation decision by the Director of the Department of Safety and Permits to the Board of Zoning Adjustments within forty-five (45) days of the decision.

2.  An aggrieved party may appeal a zoning map or Future Land Use Map interpretation decision by the Executive Director of the City Planning Commission to the City Planning Commission within forty-five (45) days of the decision.

4.11 Sign Permit   

4.11.A Permit Required   

1.  No sign may be erected, constructed, posted, painted, altered, maintained, or relocated until a sign permit has been issued by the Director of the Department of Safety and Permits.

2.  Before a sign permit may be issued in the Vieux Carré Districts, the Vieux Carré Commission shall grant approval.

3.  Before a sign permit may be issued in a local historic district or for a designated local historic landmark, the Historic District Landmarks Commission shall grant approval.

4.11.B Application   

1.  Before any permit is issued, a sign permit application shall be filed with the Director of the Department of Safety and Permits, together with three (3) sets of drawings, and/or specifications (one (1) to be returned to the applicant) as may be necessary to fully advise and acquaint the Director with the location, construction, materials, manner of illumination, securing or fastening, and the number of signs applied for. The wording of the sign or advertisement to be carried on the sign shall also be included in the application, except in the case of signs where the copy or advertising is a changeable message sign and where such wording or advertising is not needed in computing the area of the sign.

2.  All signs which are electrically illuminated require a separate electrical permit and inspection. The application for a sign permit for the erection of a sign with electrical wiring and connections shall be submitted to the Chief Electrical Inspector. The Chief Electrical Inspector will examine the plans and specifications to determine compliance with the electrical code as a condition of granting the sign permit.

4.11.C Permit Identification   

Each sign requiring a permit shall be clearly marked with the permit number and name of the person or firm placing the sign on the premises. 

4.11.D Inspection   

The Director of the Department of Safety and Permits may inspect, at such times as deemed appropriate, each sign regulated by this Ordinance. The purpose of the inspection is to ascertain whether the structure is secure or insecure, whether in need of repair or removal, or not in conformance with the permit application or otherwise in violation of the provisions of this Ordinance. 

4.11.E Termination or Revocation of Permit   

Upon the termination or revocation of the sign permit, the licensee shall remove the sign without cost or expense of any kind to the City. In the event of the failure, neglect, or refusal on the part of the licensee to do so, the City may proceed to remove the same and charge the expense to the licensee. 

4.11.F Validity of Permit   

All signs shall be erected within six (6) months from the date of issuance of the permit. Otherwise the permit becomes null and void and a new sign permit is required. 

4.11.G Appeals   

An applicant may appeal the Director of the Department of Safety and Permits sign permit decision to the Board of Zoning Adjustments within forty-five (45) days of the decision.

4.12 Campus Development Plan   

Adopted by Ord. No. 27,371, §2, April 28, 2017, Zoning Docket 125/16

4.12.A Submittal Requirements   

1. A Campus Development Plan shall be submitted to the City Planning Commission for review and approval prior to the issuance of building permits for new building construction.  The plan shall address the general layout of the entire campus and shall include the following:
   1. Site Plan.  A campus site plan including the location, square footage, and building heights of all existing and proposed structures and all existing and proposed uses.
   2. Traffic Plan.  A traffic plan shall include the following components:
      1. Circulation routes for school bus, motor vehicle, bicycle and pedestrian transportation modes;
      2. Ingress and egress locations for each transportation mode;
      3. Curb side usage;
      4. Locations and capacity of all off-street parking and loading spaces;
      5. For primary and secondary educational facilities, student pick-up and drop-off locations shall also be shown along with a plan for staff supervision and traffic control during peak hours; and
      6. An inventory of school zone signage, pedestrian beacons, crosswalk striping, and ADA compliance shall be included.
2. If the proposed Campus Development Plan is complete and indicates a new use that requires conditional use approval, the Campus Development Plan shall be submitted in conjunction with the conditional use application and reviewed in conjunction with that request.

Adopted by Ord. No. 27,371, §2, April 28, 2017, Zoning Docket 125/16

4.12.B Action by the City Planning Commission   

If the proposed Campus Development Plan is complete, complies with the base district regulations, and the proposed new construction is permitted by right or the new construction is authorized by Article 25, Section 25.3.G.4, then the Executive Director of the City Planning Commission shall sign of on the plan within 45 days of submittal of the completed plan.  The Executive Director may request further information from the applicant if necessary to determine compliance with the applicable regulations, specifying in detail the additional information required.  If such request for additional information is made, the running of the 45 day period to approve the plan is stayed until the applicant responds to the request.

Adopted by Ord. No. 27,371, §2, April 28, 2017, Zoning Docket 125/16

4.Table Table 4-2: Administrative Summary Table   

 

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

Article 5 Planned Development Standards

5.1 Purpose   

The purpose of this Article is to provide the standards and regulations that apply to planned development approval in Section 4.4. 

5.2 General Standards for Planned Developments   

A.  The site of the planned development shall be under common ownership and/or unified control. If there are two (2) or more owners, the application for the planned development shall be jointly filed by all such owners.

B.   Planned developments are allowed within the:

1. General Planned Development Districts

2. Maritime Mixed-Use Districts

3. Historic Core and Historic Urban Districts

4. Suburban Neighborhood Districts

5. Commercial Center Districts

6. Center for Industry Districts

C.   In general, the minimum size considered appropriate for planned developments is five (5) acres, and this minimum size may not be waived by ordinance. However, the following exceptions to this minimum size apply:

1. If it is determined that there are unique or special topographic constraints affecting the property, a planned development may be allowed for tracts of less than five (5) acres, but a planned development shall not be allowed for any tract of less than two and a half (2.5) acres unless it contains an adaptive reuse of an existing industrial, commercial, or institutional structure as described in Section 5.2.C.2.

2. A planned development containing an adaptive reuse of an existing industrial or commercial structure in any district described in 5.2.B, including the Historic Core and Historic Urban Residential Districts, shall not be subject to the five (5) acre minimum if the existing industrial or commercial structure exceeds ten thousand (10,000) square feet in gross floor area. This minimum size for the adaptive reuse of the existing industrial or commercial structure may not be waived by ordinance.  A planned development containing an adaptive reuse of an existing institutional structure in any district described in 5.2.B shall not be subject to the five (5) acre minimum.  There is no minimum floor area requirement for the adaptive reuse of an institutional structure.

3.  A planned development of ten or more units containing affordable housing units as defined in section 5.10.B.

D.  The ordinance authorizing a planned development may grant exceptions to the regulations contained in this Ordinance including, but not limited to, use, density, area, bulk, yards, off-street parking and loading, and signs to achieve the objectives of the proposed planned development. Such exceptions shall be consistent with the procedures and standards of this Article. Use exceptions are prohibited in any single-family or two-family residential district in the Historic Core Neighborhood and Historic Urban Neighborhood Districts with the exception of allowing a multi-family use as part of the adaptive reuse of an existing industrial, commercial, or institutional structure as described in Section 5.2.C.2 or allowing multifamily use as part of a planned development containing affordable housing units in accordance with Section 5.10.

E.    Planned developments shall be compatible with the purpose and intent of this Ordinance and the Master Plan, including the character established within the place districts of the City: General Planned Development District, Maritime Mixed-Use District, Historic Core Neighborhood Districts, Historic Urban Neighborhood Districts, Suburban Districts, Commercial Center Districts, and Center for Industry Districts.

F.  Planned developments shall not adversely affect the natural environment. Natural assets and features, such as existing trees and native vegetation, shall be protected and preserved to the greatest extent practical.

G.  The site shall be accessible to public streets that are adequate to carry the traffic that will be generated by the proposed development. The streets and driveways within the proposed development shall be adequate to serve the uses within the development. The applicant is responsible for the cost and installation of any additional traffic controls and regulating devices that may be required.

H.  All proposed streets, alleys, and driveways shall be adequate to serve the residents, occupants, visitors, or other anticipated traffic. Access points to public streets, and the location of private streets, alleys, and driveways are subject to City approval when granting approval.

I.  The pedestrian circulation system and its related walkways shall be located to provide for separation of pedestrian and vehicular movement and for maximum pedestrian safety.

J.  All planned developments shall provide for acceptable design and construction of all utilities, roadways, parking facilities, landscape, and other site improvements, in accordance with the requirements of this Ordinance and the City Code.
 

Adopted by March 15, 2019, Zoning Docket 139-18, Ord. 28013 MCS, §1

5.3 Planned Development Exceptions from District Regulations   

A.  A planned development is subject to the underlying zoning district regulations unless the City Council grants an exception, after City Planning Commission consideration. Exceptions from district regulations may be granted for planned developments, if the City Planning Commission and City Council find that such exceptions meet the following standards.

1. The planned development, including all proposed exceptions, is consistent with the Master Plan and the character and nature of existing and future development in the vicinity of the proposed planned development. This includes compatibility with the character established within the place districts of the City: General Planned Development District, Maritime Mixed-Use District, Historic Core Neighborhood Districts, Historic Urban Neighborhood Districts, Suburban Districts, Commercial Center Districts, and Centers for Industry.
2. For use exceptions, the applicant shall provide a rationale for how proposed use exceptions are aligned with the intent of the planned development, are compatible with uses existing or anticipated to occur upon the adjacent sites, and will be properly screened or buffered from adjacent properties as needed to minimize potential negative impacts. Use exceptions are prohibited in any single-family or two-family residential district in the Historic Core Neighborhood and Historic Urban Neighborhood Districts with the exception of allowing a multi-family use as part of the adaptive reuse of an existing industrial, commercial, or institutional structure as described in Section 5.2.C.2. or multifamily use as part of a planned development containing affordable housing units in accordance with Section 5.10.

3.  Where applicable, the exceptions allow the planned development to preserve unusual topographic or natural features of the land. In addition, the exceptions provide more usable and suitably located open space and natural amenities than would otherwise be provided under the strict application of district standards.

4.  Where applicable, the exceptions allow the planned development to implement innovative design features that would not be possible by application of the basic district regulations. This includes sustainable green design techniques, adaptive reuse of existing structures, and cluster development.

5.  The physical characteristics of the planned development, including all proposed exceptions, will not adversely affect the future development of adjacent undeveloped areas.

6.  The planned development, including all proposed exceptions, will continue to provide the same protection as the underlying district regulations in regard to fire, health hazards, and other dangers.

7.  The planned development yields “cumulative public benefits as determined pursuant to Sec. 5.3.B.”

8. Exceptions to district regulations may be granted when such modifications do not negatively affect the value and enjoyment of surrounding property, the provision of municipal services, or the flow of traffic.

9. Where affordable housing is provided as described in Section 5.10.B.

2. The underlying zoning district requirements apply, unless an exception is granted as part of the planned development approval. To be granted an exception to district regulations within a planned development, the applicant shall demonstrate a substantial benefit to the City. Aspects that contribute to a substantial benefit include, but are not limited to, superior design, enhanced amenities within the development, affordable housing, and a commitment to the use of appropriate sustainable green design techniques as follows:

1.  The applicant shall commit to the use of sustainable design and architecture, such as the use and/or incorporation of green roofs, blue roofs, bio-swales, solar panels, wind turbines, and other energy efficient design concepts, new building technologies, and structures that meet the standards of recognized green building certification, such as LEED (Leadership in Energy & Environmental Design), Home Energy Rating System, Enterprise Green Communities, National Green Building Standard, Energy Star for Buildings Program, Net-Zero Energy Building, or another similar certification approved by the Director of the Department of Safety and Permits. This requirement does not apply to a planned development for adaptive reuse, however those practices are encouraged.

2.  The applicant shall demonstrate superior design and enhanced amenities. The following design characteristics and amenities are provided as a guide for consideration as to whether to grant an exception to district requirements. The following items are a guide and not an exclusive list of requirements. Additional design characteristics and public benefits and amenities not listed below may be considered as part of the approval process.

a.  Enhanced design characteristics including, but not limited to  circulation systems that utilize alleys or traffic-calming techniques, and a pedestrian-oriented environment.

b.   Community amenities including plazas, malls, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and transit facilities.

c.  Preservation of natural areas.

d.  Historic preservation.

e.  Adaptive reuse.

f.  Additional open space and recreational amenities such as recreational open space and playgrounds, including athletic fields, dog parks, and natural water features and conservation areas.

g. Additional public infrastructure improvements in addition to the minimum required by the planned development, such as new or repaved streets, provision of bicycle paths, installation of gutters and sewers, and traffic control devices to improve traffic flow.

h. Affordable housing.

i. Senior housing set-aside.

j.  Provision of accessible dwelling units with accessible features beyond what is required by the Americans with Disabilities Act (ADA) or any other applicable codes.

k.  Provision of car and/or bicycle sharing facilities or other transit-oriented development best practices.

5.4 General Planned Development District   

5.4.A Intent   

The intent of these regulations is to provide flexibility in site design and development intensity for land in environmentally sensitive areas in order to promote innovative approaches that preserve and enhance the natural and scenic qualities of wetlands and other natural land features. The clustering of new structures and improvements is encouraged for all planned developments in the General Planned Development District in order to maximize the preservation of open space and environmental features within the site. 

5.4.B Development Regulations   

1. The maximum residential density of a planned development is six (6) units per acre.

2. The maximum floor area of non-residential uses in a planned development is five-thousand (5,000) square feet of floor area per acre of site area.

3. The maximum building height is thirty-five (35) feet above base flood elevation.

5.4.C Design Standards   

1. The development shall preserve scenic natural views, including views from roadways, to the extent possible.

2. Sixty percent (60%) of the entire development site shall be open space, as defined below.

a. For the purposes of this section, open space includes the following:

i. Natural water features, wetlands, and conservation areas.

ii. Pedestrian trails and bicycle paths.

iii. Recreational facilities, such as swimming pools, tennis courts, and skate parks, limited to twenty percent (20%) of the total required open space.

iv. Parks and playgrounds.

b. For the purposes of this section, open space does not include the following:

i. Yards on individual lots or yards that are reserved for the use of an individual property owner.

ii. Dedicated streets, alleys, or other public rights-of-way.

iii. Vehicular drives, private streets, parking and loading areas, and storage areas.

3. Where possible, critical environmental features should be protected through conservation servitudes or other similar instruments.

4. Required open space shall be accessible to those using mobility devices, including but not limited to physically accessible amenities, accessible passage throughout open space, and accessible restroom and/or changing facilities if included in open space.

5.  If the planned development includes a residential or commercial component, buildings within the planned development shall be grouped into clusters. A cluster may consist of a single building or a group of closely-spaced buildings. Clusters shall be located at least one-hundred (100) feet apart and shall be separated by open space as defined above.

6.  Clear-cutting of forests is prohibited.

5.4.D Required Protection of General Planned Development Districts   

Disturbance to critical environmental features and wildlife habitats shall be minimized as follows:

1. New development in the GPD District shall be designed such as to avoid disturbing, to the extent possible, any critical environmental features or wildlife habitats on a site. Critical environmental features include, but are not limited to, such things as bayous, lakes, wetlands, rare or endangered species habitat, and large wooded areas. Other features may be determined to be critical to the environment and hydrology of the site and the surrounding area through the evaluation of the proposed development as part of the planned development review process.

2. The locations of any critical environmental features and wildlife habitats on the site shall be indicated on the development plan submitted with the planned development application.

3. Adverse construction impacts on environmentally critical features shall be mitigated during development.

5.4.E Required Protection of Previously-Developed General Planned Development Districts   

For previously-developed areas, which are not in an undeveloped, wooded or other natural state, the following requirements shall apply:  

1. The maximum floor area for the development is ten thousand (10,000) square feet per acre.

2. The maximum building height for the development is fifty (50) feet.

3. Only twenty (20 %) percent of the entire development shall be required to be open space as described in Section 5.4.C.2

5.5 Planned Development Standards for Maritime Mixed-Use District   

5.5.A Intent   

The intent of these regulations is to provide flexibility in site design and development intensity for land in maritime mixed-use areas in order to promote innovative approaches to residential and non-residential development adjacent to wetlands and waterbodies. A waterfront orientation and clustering of new structures and improvements is encouraged for all planned developments in the Maritime Mixed-Use District in order to maximize the preservation of environmental features and increase access to the site. 

5.5.B Design Standards   

1. The development shall preserve scenic natural views, including views from roadways, to the fullest extent possible.

2. Where possible, critical environmental features should be protected through conservation servitudes or other similar instruments.

3. If the planned development includes a residential or commercial component, buildings within the planned development shall be grouped into clusters. A cluster may consist of a single building or a group of closely-spaced buildings. Clusters shall be located at least one-hundred (100) feet apart.

4. Tree protection is required as per Article 8 of this Ordinance.
 

5.5.C Required Protection of Wetland and Environmentally Sensitive Areas   

Disturbance to critical environmental features and wildlife habitats shall be minimized as follows:

1. New planned developments in the M-MU District shall be designed such as to avoid disturbing, to the extent possible, any critical environmental features or wildlife habitats on a site. Critical environmental features include, but are not limited to, such things as bayous, lakes, wetlands, rare or endangered species habitat, and large wooded areas. Other features may be determined to be critical to the environment and hydrology of the site and the surrounding area through the evaluation of the proposed development as part of the planned development review process.

2. The locations of any critical environmental features and wildlife habitats on the site shall be indicated on the development plan submitted with the planned development application.

3. Adverse construction impacts on environmentally critical features shall be mitigated during development.

5.6 Planned Development Standards for Historic Core and Historic Urban Residential Districts   

5.6.A Intent   

The intent of these regulations is to provide greater flexibility in land development by encouraging the adaptive reuse of historic nonconforming institutional and industrial structures in residential districts without creating an unreasonable imposition on existing or future land uses in the adjacent neighborhood. Planned development is intended to encourage a mixture of housing types while minimizing negative influences such as land use conflicts, heavy traffic congestion, and excessive demands on public facilities. Furthermore, these developments shall be designed to protect and enhance the natural environment to the greatest extent possible. 

5.6.B Development Standards   

Table 5-1: Residential Standards for HU and HC Planned Developments establishes the minimum lot area per dwelling unit for planned developments in the Historic Core and Historic Urban Districts. 

 

Adopted by Ord. 28739 MCS, 7-15-21, ZD 35/21

5.7 Planned Development Standards for Suburban Non-Residential Districts   

5.7.A Intent   

The intent of these regulations is to encourage the high-quality, coordinated redevelopment of large-scale retail, service, and office complexes, such as shopping centers and office campuses. It is intended to permit such developments where there is direct access to major streets and where surrounding land uses ensure adequate traffic carrying capacity and a high level of compatibility with, and protection for, surrounding land uses. 

5.7.B Development Standards   

Table 5-2: Residential Standards for Planned Developments in Suburban Non-Residential Districts establishes the minimum lot area per dwelling unit for planned developments in those districts that allow residential uses.

 

5.8 Planned Development Standards for Commercial Center Districts   

5.8.A Intent   

The intent of these regulations is to provide flexibility in promoting integrated multi-use development with a variety of residential types and compatible businesses in proximity to each other. Planned development shall assure that site development is sensitive to environmental needs and will provide for compact development that promotes walkability, transit use and community reinvestment, and offers jobs in close proximity to residences. 

5.8.B Development Standards   

Table 5-3: Residential Standards for Planned Developments in Commercial Center Districts establishes the minimum lot area per dwelling unit for planned developments in those districts that allow residential uses. 

 

5.9 Planned Development Standards for Centers for Industry Districts   

5.9.A Intent   

The intent of these regulations is to encourage the coordinated development of large tracts of land into employment centers focused on office and related activities. In addition, certain retail and service functions are permitted intended to support the overall focus as a center of business and business-related services. It is expressly intended that developments of this type do not become principally oriented towards retailing or personal services. 

5.9.B Development Bonus   

In the establishment and authorization of a planned development in the Centers for Industry Districts, the following provides the baseline for determining whether a project qualifies for development bonuses. The project may be awarded a maximum of twenty-five percent (25%) height bonus in LI or BIP districts, or fifteen percent (15%) parking reduction in each of the following categories. In no case may the bonuses exceed fifty percent (50%) of the height or reduce the parking more than thirty percent (30%) of that allowed by the zoning district.

1. The development uses innovative stormwater management controls that filters and stores at least twenty-five percent (25%) more stormwater than required by this Ordinance.

2. Provides water quality treatment for currently untreated, off-site areas with a drainage area of at least twenty five percent (25%) of the subject tract area.

3. Clusters impervious coverage and disturbed areas in a manner that permanently preserves the most environmentally sensitive areas of the site that are not otherwise protected.

4. The development achieves standards of a recognized green building certification, such as LEED (Leadership in Energy and Environmental Design), Home Energy Rating System, Enterprise Green Communities, National Green Building Standard, Energy Star for Buildings Program, Net-Zero Energy Building, or another similar certification approved by the Director of the Department of Safety and Permits.

5.10 Affordable Housing Planned Development (AHPD)   

5.10.A Intent   

The intent of the Affordable Housing Planned Development standards for inclusion of Affordable Housing Units is to promote the public health, safety, and welfare throughout the City by providing for a full range of housing choices for households of all incomes. The standards require the construction of affordable housing units as a portion of new, adaptive reuse, and adaptive reuse expansion development. The planned development should promote the production of affordable housing at all income levels, and may use standards established in this section.

Adopted by Ord. No. 28036 MCS, §1, March 28, 2019, Zoning Docket 112/18

5.10.B

AFFORDABLE HOUSING UNIT REQUIREMENT ¹

  

¹Only rental Affordable Housing Planned Developments are available at the time of adoption of this text amendment. It is anticipated that the for-sale option will become available upon the full implementation of the Inclusionary Zoning program.

1.  Affordable housing units shall be either rental affordable housing or homeownership affordable housing.

2.   All of the following developments that result in or contain ten or more rental housing units shall include ten percent (10%) of units up to the sixty percent (60%) Area Median Income level; for home ownership, the development shall contain ten percent (10%) of units up to the sixty percent (60%) Area Median Income level:

a.         New residential construction.

b.         New Mixed-use development with a residential component.

c.         Renovation of an established multi-family residential structure.

d.         Development that will change the use of an existing building from nonresidential to residential.

e.         An expansion of an adaptive reuse.

f.          Development that includes the conversion of rental residential property to condominium property.

Developments subject to this paragraph include projects undertaken in phases, stages, or otherwise developed in distinct sections.  If the development contains a phasing plan, the phasing plan shall provide for the development of affordable housing units concurrently and proportionately with the market-rate units.

3.   To calculate the minimum number of affordable housing units required in any development listed in Section 10.B.2 above, the total number of proposed units shall be multiplied by ten percent (10%). If the number of required affordable units results in a fraction, a fraction of 0.5 or more shall be rounded up to the next higher whole number, and a fraction of less than 0.5 shall be rounded down to the next lower whole number.

4.  Distribution of affordable housing units

1. The affordable housing units shall be located on-site within the same structure as the market rate dwelling units. The affordable units shall be spread throughout the development and not clustered on one floor or in one area of the development.
2. The affordable housing units shall be comparable to the market-rate housing units in terms floor area and exterior finishes. Interior finishes or appliances may be different as long as functionality and longevity are retained.

5.  Bedroom mix of affordable housing units

1. The bedroom mix (i.e. the number of bedrooms) of the affordable housing units shall be proportional to the market-rate housing units.

6.  Affordability Term

1. The obligation to provide and maintain a specified amount of affordable housing in a development shall run with planned development designation containing such site for not less than ninety-nine (99) years.

7.  Additional requirements

1. The residents of the affordable housing units shall have access to the same amenities as the residents of the market-rate housing units.
2. The requirement to provide and the standards for providing affording housing units shall not be subject to a variance.
3. All developments that are subject to the standards of the Affordable Housing Planned Development shall include an Affordable Housing Impact Statement (AHIS) with the application.  The AHIS shall provide the following information:
   1. The number of units added at the Area Medium Income Levels (AMI) at or below 80%, 50%, and 30%.
   2. The number of units removed at the Area Medium Income Levels at or below 80%, 50%, and 30%.
   3. The bedroom mix of the unit is to be added or removed (1, 2, 3, 4, etc. bedrooms).
   4. The total number of units added and total number of units removed.

Adopted by Ord. No. 28036 MCS, §1, March 28, 2019, Zoning Docket 112/18; Ord. 28178, 9-5-19, ZD 49/19; Ord. 28739, 7-15-21, ZD 35/21

5.10.C Development Bonus   

 

TABLE 5-5: RESIDENTIAL STANDARDS FOR PLANNED DEVELOPMENTS IN  HISTORIC  CORE NEIGHBORHOOD NON-RESIDENTIAL DISTRICTS   BULK & YARD REGULATIONS DISTRICTS     VCC-1 VCC-2 VCE VCE-1 VCS VCS-1 HMC-1 HMC-2 HM-MU   BULK REGULATIONS       Minimum lot area per Dwelling Unit1 MF: 600sf/du MF: 600sf/du MF: 600sf/du MF: 600sf/du MF: 600sf/du MF: 600sf/du MF: 600sf/du MF: 600sf/du MF: 600sf/du             Minimum lot area per Dwelling Unit WITH MAXIMUM DEVELOPMENT BONUS2 MF: 420sf/du MF: 420sf/du MF: 420sf/du MF: 420sf/du MF: 420sf/du MF: 420sf/du MF: 420sf/du MF: 420sf/du   MF: 420sf/du       TABLE 5-5 FOOTNOTES 1 As outlined in Article 5.6 Planned Development Standards for Historic Core and Historic Urban Residential Districts. 2 Residential densities identified here are reflective of a 30% density bonus in accordance with the minimum lot area requirements of Article 5.6 – Planned Development Standards for Historic Core and Historic Urban Residential Districts and are authorized when a planned development meets the required levels of affordability as outlined in Article 5.10.B.2, and is approved as part of a residential planned development as outlined in Article 4.4 of these zoning regulations.

TABLE 5-6: RESIDENTIAL STANDARDS FOR PLANNED DEVELOPMENTS IN HISTORIC URBAN NEIGHBORHOOD RESIDENTIAL BULK & YARD REGULATIONS DISTRICTS   HU-RS HU-RD1 HU-RD2 HU-RM1 HU-RM2 BULK REGULATIONS Minimum lot area per Dwelling Unit1 MF: 1,250sf/du MF: 800sf/du MF: 800sf/du MF: 600sf/du MF: 600sf/du Minimum lot area per Dwelling Unit WITH MAXIMUM DEVELOPMENT BONUS2 MF: 875sf/du MF: 560sf/du MF: 560sf/du MF: 420sf/du MF: 420sf/du

TABLE 5-6 FOOTNOTES

TABLE 5-7: RESIDENTIAL STANDARDS FOR PLANNED DEVELOPMENTS IN HISTORIC URBAN NEIGHBORHOODS NON-RESIDENTIAL DISTRICTS BULK & YARD REGULATIONS DISTRICTS   HU-B1A HU-B1 HU-MU BULK REGULATIONS Minimum lot area per Dwelling Unit1 MF: 600sf/du MF: 600sf/du MF: 600sf/du Minimum lot area per Dwelling Unit WITH MAXIMUM DEVELOPMENT BONUS2 MF: 420sf/du MF: 420sf/du MF: 420sf/du

TABLE 5-7 FOOTNOTES

TABLE 5-8: RESIDENTIAL STANDARDS FOR PLANNED DEVELOPMENTS IN SUBURBAN RESIDENTIAL DISTRICTS BULK & YARD REGULATIONS DISTRICTS   S-RS S-RD S-RM1 S-RM2 BULK REGULATIONS   Minimum lot area per Dwelling Unit1 MF: 1,250sf/du   MF: 1,250sf/du     MF: 1200sf/du     MF: 1200sf/du   Minimum lot area per Dwelling Unit WITH MAXIMUM DEVELOPMENT BONUS2 MF: 875sf/du   MF: 875sf/du   MF: 840sf/du MF: 840sf/du

 TABLE 5-8 FOOTNOTES

TABLE 5-9 FOOTNOTES

TABLE 5-10: RESIDENTIAL STANDARDS FOR SUBURBAN NEIGHBORHOOD NON-RESIDENTIAL PLANNED DEVELOPMENTS BULK & YARD REGULATIONS DISTRICTS   S-B1 S-B2 S-LB1 S-LB2 S-LC S-MU S-LM BULK REGULATIONS   Minimum lot area per Dwelling Unit1 MF: 1,250sf/du MF: 1,250sf/du MF: 1,000sf/du MF: 1,000sf/du MF: 600sf/du MF: 600sf/du   MF: 1,250sf/du Minimum lot area per Dwelling Unit WITH MAXIMUM DEVELOPMENT BONUS2 MF: 875sf/du MF: 875sf/du MF: 700sf/du MF: 700sf/du MF: 420sf/du MF: 420sf/du MF: 875sf/du

TABLE 5-11 FOOTNOTES

TABLE 5-12: RESIDENTIAL STANDARDS FOR CENTRAL BUSINESS DISTRICT PLANNED DEVELOPMENTS BULK & YARD REGULATIONS DISTRICTS   CBD-1 CBD-2 CBD-3 CBD-4 CBD-5 CBD-6 CBD-7 BULK REGULATIONS Minimum lot area per Dwelling Unit1 NA NA NA NA NA NA NA Minimum lot area per Dwelling Unit WITH MAXIMUM DEVELOPMENT BONUS NA NA NA NA NA NA NA

Adopted by Ord. No. 28036 MCS, §1, March 28, 2019, Zoning Docket 112/18; Ord 28179-8, 9-5-19, ZD 49/19

Article 6 Zoning Districts & Zoning Map

6.1 Purpose   

The purpose of this Article is to outline the different zoning districts within this Zoning Ordinance and to introduce the Official Zoning Map.

6.2 Introduction to Zoning Districts   

In order to carry out the purpose and intent of this Ordinance, the City of New Orleans is divided into the following zoning districts:

6.2.A Open Space Districts   

OS-N Neighborhood Open Space District
OS-G Greenway Open Space District
OS-R Regional Open Space District
NA Natural Areas District
GPD General Planned Development District

OS-CBD Central Business District Open Space District

 

Adopted by Ord.28275 MCS 12-19-19, ZD 81/19

6.2.B Rural Development Districts   

R-RE Rural Residential Estate District
M-MU Maritime Mixed-Use District

6.2.C Historic Core Neighborhoods Districts   

VCR-1 Vieux Carré Residential District
VCR-2 Vieux Carré Residential 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
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
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
VCP Vieux Carré Park District

6.2.C.1 Historic Core Neighborhoods Inclusionary Zoning Sub-Districts   

VCR-1-IZ Vieux Carré Residential Inclusionary Zoning Sub-District
VCR-2-IZ Vieux Carré Residential Inclusionary Zoning Sub-District
HMR-1-IZ Historic Marigny/Tremé/Bywater Residential Inclusionary Zoning Sub-District
HMR-2-IZ Historic Marigny/Tremé/Bywater Residential Inclusionary Zoning Sub-District
VCC-1-IZ Vieux Carré Commercial Inclusionary Zoning Sub-District
VCC-2-IZ Vieux Carré Commercial Inclusionary Zoning Sub-District
VCS-IZ Vieux Carré Service Inclusionary Zoning Sub-District
VCS-1-IZ Vieux Carré Service Inclusionary Zoning Sub-District
HMC-1-IZ Historic Marigny/Tremé/Bywater Commercial Inclusionary Zoning Sub-District
HMC-2-IZ Historic Marigny/Tremé/Bywater Commercial Inclusionary Zoning Sub-District
HM-MU-IZ Historic Marigny/Tremé/Bywater Mixed-Use Inclusionary Zoning Sub-District

Adopted by Ord. No. 28036 MCS, §1, March 28, 2019, Zoning Docket 112/18

6.2.D Historic Urban Neighborhoods Districts   

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

6.2.D.1 HISTORIC URBAN NEIGHBORHOODS INCLUSIONARY ZONING SUB-DISTRICTS   

HU-RD1-IZ Two-Family Residential Inclusionary Zoning Sub-District

HU-RD2-IZ Two-Family Residential Inclusionary Zoning Sub-District

HU-RM1-IZ Multi-Family Residential Inclusionary Zoning Sub-District

HU-RM2-IZ Multi-Family Residential Inclusionary Zoning Sub-District

HU-B1A-IZ Neighborhood Business Inclusionary Zoning Sub-District

HU-B1-IZ Neighborhood Business Inclusionary Zoning Sub-District

HU-MU-IZ Neighborhood Mixed-Use Inclusionary Zoning Sub-District

Adopted by Ord. No. 28036 MCS, §1, March 28, 2019, Zoning Docket 112/18

6.2.E Suburban Neighborhoods   

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-B1 Suburban Business District
S-B2 Pedestrian-Oriented Corridor Business District
S-LB1 Lake Area Neighborhood Business District
S-LB2 Lake Area Neighborhood Business District
S-LC Lake Area General Commercial District
S-LP Lake Area Neighborhood Park District
S-LM Lake Area Marina District

6.2.F Commercial Center and Institutional Campus Districts   

C-1 General Commercial District
C-2 Auto-Oriented Commercial District
C-3 Heavy Commercial District
MU-1 Medium Intensity Mixed-Use District
MU-2 High Intensity Mixed-Use District
EC Educational Campus District
MC Medical Campus District
MS Medical Service District
LS Life Science Mixed-Use District

6.2.F.1 COMMERCIAL CENTER AND INSTITUTIONAL CAMPUS INCLUSIONARY ZONING SUB-DISTRICTS   

C-1-IZ General Commercial Inclusionary Zoning Sub-District
C-2-IZ Auto-Oriented Commercial Inclusionary Zoning Sub-District

C-3-IZ Heavy Commercial Inclusionary Zoning Sub-District

MU-1-IZ Medium Intensity Mixed-Use Inclusionary Zoning Sub-District
MU-2-IZ High Intensity Mixed-Use Inclusionary Zoning Sub-District

Adopted by Ord. No. 28036 MCS, §1, March 28, 2019, Zoning Docket # 112/18

6.2.G Centers for Industry   

LI Light Industrial District
HI Heavy Industrial District
MI Maritime Industrial District
BIP Business-Industrial Park District

6.2.H Central Business District   

CBD-1 Core Central Business District
CBD-2 Historic Commercial and Mixed-Use District
CBD-3 Cultural Arts District
CBD-4 Exposition District
CBD-5 Urban Core Neighborhood Lower Intensity Mixed-Use District
CBD-6 Urban Core Neighborhood Mixed-Use District
CBD-7 Bio-Science District

6.2.H.1 CENTRAL BUSINESS DISTRICTS INCLUSIONARY ZONING SUB-DISTRICTS   

CBD-1-IZ Core Central Business Inclusionary Zoning Sub-District
CBD-2-IZ Historic Commercial and Mixed-Use Inclusionary Zoning Sub-District
CBD-3-IZ Cultural Arts Inclusionary Zoning Sub-District
CBD-4-IZ Exposition Inclusionary Zoning Sub-District
CBD-5IZ Urban Core Neighborhood Lower Intensity Mixed-Use Inclusionary Zoning Sub-District
CBD-6-IZUrban Core Neighborhood Mixed-Use Inclusionary Zoning Sub-District
CBD-7-IZ Bio-Science Inclusionary Zoning Sub-District

Adopted by Ord. No. 28036 MCS, §1, March 28, 2019, Zoning Docket 112/18

6.2.I Overlay Zoning Districts   

SC Suburban Corridor Use Restriction Overlay District
ENORC Eastern New Orleans Renaissance Corridor Use Restriction Overlay District
HUC Historic Urban Corridor Use Restriction Overlay District
Lower St. Charles Avenue Use Restriction Overlay District
RDO-1 Residential Diversity Overlay District (Marigny/Bywater)
RDO-2 Residential Diversity Overlay District (Tremé/Seventh Ward)
AC-1 Arts and Culture Diversity Overlay District (Frenchmen, St. Bernard, Broad)
AC-2 Arts and Culture Diversity Overlay District (Freret, Newton, Teche)
AC-3 Arts and Culture Diversity Overlay District (St. Claude)
AC-4 Arts and Culture Diversity Overlay District (Tremé)
RIV Riverfront Design Overlay District
CPC Character Preservation Corridor Design Overlay District
EC Enhancement Corridor Design Overlay District
CT Corridor Transformation Design Overlay District
GC Greenway Corridor Design Overlay District

6.3 Introduction to Official Zoning Map   

6.3.A Location and Boundaries of Zoning Districts   

1.  The locations and boundaries of the zoning districts established by this Ordinance are as set forth on the Official Zoning Map that is adopted by the City Council and that is prepared, maintained, and made available by the City Planning Commission. The Official Zoning Map is incorporated into, and made an integral part of, this Ordinance. It is the intent of this Ordinance that the entire area of the City, including all land and water areas, be included in the zoning districts established by this Ordinance.

2. A zoning district name or letter-number combination shown on the Official Zoning Map indicates that the regulations of the zoning district designated by that name or letter-number combination apply to all properties within the boundary lines around that name or letter-number combination.
 

6.3.B Interpretation of Zoning District Boundaries   

Where uncertainty exists with respect to the boundaries of the various zoning districts as shown on the Official Zoning Map, the following rules apply:

1.  Where zoning district boundary lines coincide or approximately coincide with streets, alleys, canals, rivers or streams, the boundary line is the centerline of the street, alley, canal, or stream. If the actual location of such street, alley, canal, or stream varies slightly from the location as shown on the Official Zoning Map, then the actual location controls.

2.  Where a zoning district boundary line coincides or approximately coincides with a property line, the property line is the boundary line of the zoning district.

3.  Where a zoning district boundary line does not coincide or approximately coincide with a street, alley, canal, river, stream, or lot line, the location of the zoning district boundary line is determined by reference to the scale of the Official Zoning Map. In such a case, if the location of the zoning district boundary line cannot be clearly determined by reference to the scale of the Official Zoning Map, the City Planning Commission has the power to determine the location of the zoning district boundary line.

Adopted by Ord. No. 29,126, §5, Aug. 12, 2022, Zoning Docket 16/22

6.3.C Ordinance Relationship to Structures Located within Public Right-of-Way   

This Ordinance does not apply to structures located within the public right-of-way, such as utilities.

6.4 Exemptions for Essential Services   

The following essential services may be permitted erected, constructed, altered, or maintained in any zoning district, unless otherwise indicated within this Ordinance. Development plan and design review (Section 4.5) by the Executive Director of the City Planning Commission may be required.

A.  Traffic signals, fire hydrants, and similar equipment and accessories.

B.  Gas, electric, communication, water supply, and transmission/distribution systems.

C.  Elevated or underground water storage tanks.

D.  Stormwater and sanitary sewer collection and disposal systems.

E.  Utility poles, wires, mains, drains, pipes, conduits and cables reasonably necessary for the furnishing of adequate service by public utilities, municipal or other governmental agencies for the public health, safety and welfare.

F.  Streets.

Article 7 Open Space Districts

PURPOSE OF THE OPEN SPACE DISTRICTS

The Open Space Districts provide residents with access to active and passive recreation areas, protect the City’s cemeteries, and preserve national resources within the wetlands and coastal areas. In some districts, only limited development is appropriate such as cultural facilities while in other areas the predominant character should emphasize the natural environment.

CHARACTER OF THE OPEN SPACE DISTRICTS

The character of the Open Space Districts is defined by:

»         Neighborhood open space designed for active and passive recreation for local residents in the surrounding neighborhoods

»         Linear greenways that include pedestrian trails and bike paths and link neighborhoods in the City

»         Regional and CBD parks that draw visitors from the entire region, like City Park, Joe Brown Park and Audubon Park, for both active and passive recreation areas, including access to the waterfront through beaches and piers, and cultural activities

»         Preservation of remote coastal areas of marsh, estuary or waterway to preserve waterfowl and fishery habitats

»         Protection and preservation of existing natural areas, such as wetlands, to provide stormwater protection and reduce flooding possibilities

»         Protection of the City’s historic cemeteries 

7.1 Purpose Statements   

7.1.A Purpose of the OS-N Neighborhood Open Space District   

The purpose of the OS-N Neighborhood Open Space District is to provide a classification for parks located within neighborhoods that serve as recreation areas for residents in the local area. Neighborhood parks are smaller in scale than regional parks and more limited in the types of recreational uses allowed. The OS-N District is also intended to provide for the preservation of natural environmental features and wildlife habitats at certain locations surrounded by developed neighborhoods, and to provide protection for the City’s historic cemeteries.  

7.1.B Purpose of the OS-G Greenway Open Space District   

The purpose of the OS-G Greenway Open Space District is to provide a classification for open space greenways that provide a connection between neighborhoods and public amenities such as cultural facilities and larger parks. The physical form of a greenway is typically more linear in nature and accommodates additional modes of transportation such as pedestrian trails and bike paths. 

7.1.C Purpose of the OS-R Regional Open Space District   

The purpose of the OS-R Regional Open Space District is to provide a classification for large parks that draw visitors from the entire region. A regional park includes a variety of recreational areas and uses, but also includes certain ancillary commercial activities such as cultural facilities, performance venues, and restaurants. The OS-R District also includes waterfront recreational activities, such as beaches and public piers. 

7.1.D Purpose of the NA Natural Areas District   

The purpose of the NA Natural Areas District is to protect and preserve existing natural areas such as wetlands and coastal areas of marsh, estuary or waterway. Very limited development is allowed, and shall be compatible with and cause little impact to these areas. The intent of the NA District is to provide stormwater protection and reduce flooding possibilities due to abnormal tides in Lake Pontchartrain, Lake Borgne, and the various tidal waterways in and adjacent to Orleans Parish.

7.1.E Purpose of the GPD General Planned Development District   

The purpose of the GPD General Planned Development District is to provide flexibility in the site design and development of land in order to promote its most environmentally sensitive use and to preserve the natural and scenic qualities of wetlands and other natural land features. The GPD District is intended to provide protection for environmentally sensitive areas and encourage development that avoids or minimizes negative impacts and allows for innovative development techniques and flexibility in the development of the site. 

7.1.F Purpose of the OS-CBD Central Business Open Space District   

The purpose of the OS-CBD Central Business Open Space District is to provide a classification for large open space parks in the Central Business Districts that provide a connection between neighborhoods and public amenities that draw in residents from across the City as well as visitors of New Orleans.  The OS-CBD District is intended to provide for both recreational uses and certain ancillary low-impact entertainment, commercial, and wellness programming.

Adopted by Ord.28275 MCS 12-19-19, ZD 81/19

7.1.G Purpose of the OS-AR Armstrong Regional Park District   

The purpose of the OS-AR Armstrong Regional Park District is to provide a classification to establish Louis Armstrong Park in the City’s Historic Core as a dedicated cultural resource, locale for community gathering, and conduit for retention of African Culture and spiritual practice. The OS-AR park district includes a majority of passive open space, parks, and history supporting and cultural uses in historic structures.

Adopted by Ord 29094 MCS, 6-23-22, ZD 11/22

7.2 Uses   

7.2.A Permitted and Conditional Uses   

Only those uses of land listed under Table 7-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Open Space Districts. A “P” indicates that a use is permitted within that zoning district. A “C” indicates that a use is a conditional use in that zoning district and  would require a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not allowed within that zoning district.

TABLE 7-1 FOOTNOTES

² Only wireless telecommunications antennas that comply with the stealth design standards of Section 20.3.JJJ are considered permitted uses.

³ Parks and playgrounds in the NA District are limited to passive recreation facilities. The only structures permitted are standard playground equipment and outdoor seating furniture.

⁴ Electrical Utility Substations and Transmission Lines shall be subject to design review as per Article 4, Section 4.5.B.5 and Table 4-2.

⁵ Subject to the use restrictions in Section 7.2.B.1.

⁶ Subject to the use restrictions in Section 7.2.B.2.

⁷ Subject to the use restrictions in Section 7.2.B.3.

⁸ Subject to the use restrictions in Section 7.2.B.4.

⁹ Subject to the use restrictions in Section 7.2.B.5.

¹⁰ Other than parks and playgrounds, all uses shall be prohibited the following boundaries which include the Congo Square portion of Armstrong Park and would not include any portion of the park that currently contains structural uses: North Rampart Street, Saint Peter Street, Basin Street, the Municipal Auditorium driveway, a line extending across the Saint Peter Street side Municipal Auditorium façade, a line extending across the North Rampart Street side Municipal Auditorium façade, a line extending from the centerline of Saint Ann Street, the lakeside of Square 114, a line extending from the centerline of Dumaine Street.  The only structures permitted within Congo Square and Umoja Grove located on Squares 114, 115, 116, and 134 shall be limited to outdoor seating furniture and commemorative, educational or culturally-related signage and historic markers, except that playground equipment and picnic shelters shall be permitted in Umoja Grove located on Squares 116 and 134.

¹¹ As authorized in Article 22, Section 22.8.B.2.a.

Adopted by 27,057 MCS, §1, September 12, 2016, Zoning Docket 052/16; Ord. No. 27,707, §1, April 2, 2018, Zoning Docket 001/18; Ord. 28176, Sept. 5, 2019, ZD 58/19; Ord. No. 28,156 MCS, §1, August 8, 2019, Zoning Docket 026/19 & 027/19; Ord.28275 MCS, 12-19-19, ZD 81/19; Ord. 28432 MCS, 8-6-20, ZD 38/20; Ord. 28564 MCS, 12-17-20, ZD 73/20; Ord 28989 MCS 4-7-22, ZD 104/21; Ord 28967 MCS, 3-10-22, ZD 107/21: Ord 29094 MCS, 6-23-22, ZD 11/22; Ord. No. 29,126, §6, Aug. 12, 2022, Zoning Docket 16/22; Ord 29157 9-15-22, ZD 030/22; Ord. 29528, 7-24-23, Zoning Docket 13/23; Ord. 29744, 12-8-23, Zoning Docket 055/23; Ord. 29946, 6-13-24, Zoning Docket 002/24

7.2.B Use Restrictions   

7.2.B.1 Uses in the GPD Districts   

In the portions of the GPD District in Planning District 9 and 10, certain uses shall be conditional uses, subject to the following limitations:

a. Any proposed development site that meets, or met at the time of this ordinance, the minimum size standards for a planned development in Article 5, Section 5.2.C shall be considered under the planned development process and is not eligible for consideration as a conditional use.

b. Only properties located in Planning District 9 and 10 are eligible for conditional use consideration.

c. A conditional use may be granted if the City Council finds that the proposed uses are compatible with uses existing or anticipated to occur upon the adjacent sites and will be properly screened or buffered from adjacent properties as needed to minimize potential negative impacts.

d. The proposed development shall comply with the development regulations, design standards, and required protection requirements found in Article 5, Section 5.4.

Adopted by Ord. 28561 MCS, 12-17-20

7.2.B.2 S-RS District Uses in the GPD Districts   

In the portions of the GPD District in Planning Districts 12 and 13, certain uses in the S-RS District shall be conditional uses, subject to the following limitations:

1. Any proposed development site that meets, or met at the time of this ordinance, the minimum size standards for a planned development in Article 5, Section 5.2.C shall be considered under the planned development process and is not eligible for consideration as a conditional use.
2. Only properties located in Planning Districts 12 and 13 are eligible for conditional use consideration.
3. A conditional use may be granted if the City Council finds that the proposed uses are compatible with uses existing or anticipated to occur upon the adjacent sites and will be properly screened or buffered from adjacent properties as needed to minimize potential negative impacts.
4. The proposed development shall comply with the S-RS District Site Design Standards found in Article 13, Section 13.3.

 

Adopted by September 12, 2016, Zoning Docket 052/16, 27,057 MCS, §1

7.2.B.3 Outdoor Amphitheater uses in the OS-CBD Districts   

In the OS-CBD Districts, outdoor amphitheater is a permitted use subject to the following standards:

a.  Outdoor amphitheater uses are permitted in the OS-CBD a maximum of three (3) times per week.  Uses exceeding three (3) times per week shall obtain special event permits or shall require a conditional use.

b.  Hours of operation are restricted to the following:

i.  Monday through Sunday from 10:00 a.m. to 10:00 p.m.

c.  Outdoor amphitheater shall be oriented away from residences to the greatest extent feasible.

Adopted by Ord.28275 MCS 12-19-19, ZD 81/19

7.2.B.4 Public Market Uses in the OS-CBD Districts   

In the OS-CBD Districts, public markets are permitted but subject to the following use standards in addition to those found in Article 20, Section 20.3.TT:

a.  Public markets are permitted in the OS-CBD District, with a maximum of one operator each day.

b.  Live musical accompaniment is allowed as ancillary to the public market only during its authorized hours of operation.

Adopted by Ord.28275 MCS 12-19-19, ZD 81/19

7.2.B.5 Restaurant Uses in the OS-CBD Districts   

In the OS-CBD Districts, all restaurants are conditional uses subject to the following standards:

a.  Restaurants are limited to five percent (5%) of the total park area.

Adopted by Ord.28275 MCS 12-19-19, ZD 81/19

7.3 Site Design Standards   

Table 7-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Open Space Districts.

Adopted by Ord.28275 MCS 12-19-19, ZD 81/19; Ord 29094 MCS, 6-23-22, ZD 11/22

7.4 OS-G District Design Standards   

Because of its linear nature and connection to adjacent uses as the greenway traverses neighborhoods, development in the OS-G District shall meet the following design standards in order to maximize activity and interaction with the greenway and create a cohesive, pedestrian-friendly environment.

A.  Public entrances to buildings and recreation facilities shall be oriented to the public street and the pedestrian way.

B.  Driveways and parking areas shall be constructed of pervious or semi-pervious materials.

C.  Fencing along the greenway shall be at least seventy percent (70%) open and shall be limited in height to a maximum of six (6) feet.

D.  Picnic shelters, exercise equipment, bicycle parking, stormwater management, and other permitted accessory uses may be located within the required yards.

E.  New vehicular crossings of a pedestrian or bicycle trail within an OS-G District shall not be permitted except where required to facilitate emergency service.  
 

7.5 General Standards of Applicability   

All Open Space Districts are subject to the following standards:

7.5.A Accessory Structures and Uses   

See Section 21.6 for standards governing accessory structures and uses. 

7.5.B Temporary Uses   

See Section 21.8 for standards governing temporary uses.

7.5.C Site Development Standards   

See Article 21 for additional site development standards such as exterior lighting, environmental performance standards, and permitted encroachments. 

7.5.D Off-Street Parking and Loading   

See Article 22 for standards governing off-street parking and loading.

7.5.E Landscape, Stormwater Management, and Screening   

See Article 23 for standards governing landscape, stormwater management, and screening.

7.5.F Signs   

See Article 24 for standards governing signs.

7.5.G Overlay Districts   

See Article 18 for additional overlay district regulations, when applicable.

7.5.H Nonconformities   

See Article 25 for regulations governing nonconformities.

Article 8 Rural Development Districts

PURPOSE OF THE RURAL DEVELOPMENT DISTRICTS

The Rural Development Districts address areas of semi-rural development in the city where both residential uses and non-residential uses related to the natural resources of the area, like agriculture and fishing camps, are found. The character of these areas varies from large estate-type developments to mixed-use developments along the waterfront. Rural Development Districts maintain a relatively low density and are found in areas like lower coast Algiers and Lake Catherine.

The Rural Development District regulations create and maintain bucolic environments organized and designed to provide a sense of an open countryside or waterfront living.

CHARACTER OF THE RURAL DEVELOPMENT DISTRICTS

The character of the Rural Development Districts is defined by:

»         Large lot residential development that relates to the natural environment

»         Sustainable development that is sensitive to the natural environment

»         Non-residential uses related to the natural resources of the area, such as horse stables or fishing camps

»         Unique residential development types in waterfront areas, which are typically raised structures

8.1 Purpose Statements   

8.1.A Purpose of the R-RE Rural Residential Estate District   

The purpose of the R-RE Rural Residential Estate District is to provide for large-lot, estate-type residential areas that create a low density environment that relates to the natural environment. Certain non-residential uses such as places of worship and recreational uses are also allowed, when compatible with rural residential surroundings. 

8.1.B Purpose of the M-MU Maritime Mixed-Use District   

The purpose of the M-MU Maritime Mixed-Use District is to address environmentally-compatible residential and non-residential development in areas adjacent to wetlands and waterbodies, generally located in areas of the city with higher elevation and near existing access roads. The M-MU District is mixed-use in nature, where residential uses are found close to water-related non-residential uses such as fishing camps, seafood processing facilities, and marinas.

8.2 Uses   

Only those uses of land listed under Table 8-1: Permitted and Conditional as permitted uses or conditional uses are allowed within the Rural Development Districts. A “P” indicates that a use is permitted within that zoning district. A “C” indicates that a use is a conditional use in that zoning district and  would require a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.

 

Adopted by Ord. No. 27,209, §1, Dec. 7, 2016, Zoning Docket 61/16; Ord. No. 27,707, §1, April 2, 2018, Zoning Docket 001/18; Ord. 28176, Sept. 5, 2019, ZD 59/19; Ord. No. 28,156 MCS, §2, August 8, 2019, Zoning Docket 026/19 & 027/19; Ord. 28503 MCS, 10-1-20, ZD 56/20; Ord. 28432 MCS, 8-6-20, ZD 38/20; Ord. 28573 MCS, 1-14-21; Ord 28989 MCS 4-7-22, ZD 104/21; Ord. No. 29,126, §7, Aug. 12, 2022, Zoning Docket 16/22; Ord. No. 29382, March 23, 2023, Zoning Docket 02/23; Ord. No 29744, 12-8-23, Zoning Docket 055/23; Ord. No 29946, 6-13-24, Zoning Docket 002/24

8.3 Site Design Standards   

Table 8-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Rural Development Districts. (Highlighted letters in Table 8-2 indicate where those bulk and yard regulations are illustrated on the accompanying site diagram.

Adopted by Ord. No. 26,726, §1, December 7, 2015, Zoning Docket 081/15; Ord. No. 27,722, §1, April 11, 2018, Zoning Docket 113/17;

8.4 M-MU District Design Standards   

Because of the traditional orientation between land uses and adjacent water bodies, developments in the M-MU District shall meet the following design standards in order to maintain this character and address issues of development in flood zones.

A.  Public entrances to commercial developments shall be oriented to the public street and the waterfront.

B.  Ground floor retail and restaurant uses shall maintain a transparency of fifty percent (50%), and windows shall be clear and non-tinted.  Restaurants are encouraged to provide outdoor dining areas with views of the waterfront where outdoor dining is permitted.

C.  The projection of boat docks, piers, and wharves into waterways beyond the waterway line or lot line is limited in accordance with the applicable ordinances of the City.

D.  ADA ramps to elevated non-residential structures shall limit their encroachment into required yards. If ramps change direction or have a landing, they shall hug the front façade and the last run of the stairs shall face the public right-of-way.

E.  Driveways and parking areas shall be constructed of pervious or semi-pervious materials. When siting the driveway, disturbance to natural drainage ways shall be minimized.  

F.  The following tree protection buffer yard requirements apply in the M-MU District in order to maintain existing woodland areas to provide protection from hurricanes and storm surges. M-MU District lots that front on the Chef Menteur Highway are required to maintain a tree protection buffer yard of twenty (20) feet along the Chef Menteur Highway frontage as measured from the lot line that fronts along the Chef Menteur Highway toward the interior of the lot.

1.  The cutting of mature, healthy trees over six (6) inches DBH is prohibited within the buffer yard. Clear cutting is prohibited in the tree protection buffer yard and maintenance of existing tree stands is required. Weak and diseased trees within the buffer area may be removed. A landscape plan is required to verify which trees shall be removed, and the plan is subject to the procedures and standards of Section 23.10 (Tree Preservation.)

2.  Vegetative restoration is required of any disturbed areas. Non-native over-story vegetation may be removed. Landscape materials shall be species native to New Orleans. Replanting of saline tolerant trees is required.

3.  No structures are permitted within the tree protection buffer yard, however driveways may be located within the buffer yard. When siting the driveway, disturbance to natural drainage ways shall be minimized.

4.  New utilities shall be located underground. This does not include aboveground structures for wind, solar, or water alternative energy systems. New wireless telecommunication towers are prohibited in the tree protection buffer yard.

5.  Weak and diseased trees within fifty (50) feet of a principal structure may be removed. A landscape plan is required to verify which trees shall be removed, and are subject to the procedures and standards of Section 23.10 (Tree Preservation.)
 

8.5 General Standards of Applicability   

All Rural Development Districts are subject to the following standards:

8.5.A Accessory Structures and Uses   

See Section 21.6 for standards governing accessory structures and uses. 

8.5.B Temporary Uses   

See Section 21.8 for standards governing temporary uses.

8.5.C Site Development Standards   

See Article 21 for additional site development standards such as exterior lighting, environmental performance standards, and permitted encroachments. 

8.5.D Off-Street Parking and Loading   

See Article 22 for standards governing off-street parking and loading.

8.5.E Landscape, Stormwater Management, and Screening   

See Article 23 for standards governing landscape, stormwater management, and screening.

8.5.F Signs   

See Article 24 for standards governing signs.

8.5.G Overlay Districts   

See Article 18 for additional overlay district regulations, when applicable.

8.5.H Nonconformities   

See Article 25 for regulations governing nonconformities.

Article 9 Historic Core Neighborhoods Residential Districts

 

9.1 Purpose Statements   

9.1.A Purpose of the VCR-1 Vieux Carré Residential District   

The VCR-1 Vieux Carré Residential District is intended to preserve and protect existing residential development to maintain the authentic character of the historic Vieux Carré. Incompatible uses and building modifications are excluded from this residential district, and rehabilitation and adaptive reuse are encouraged.

9.1.B Purpose of the VCR-2 Vieux Carré Residential District   

The VCR-2 Vieux Carré Residential District is intended to preserve and protect existing residential development and to maintain the authentic character of the historic Vieux Carré while permitting moderately higher density than allowed in the VCR-1 District. Incompatible uses and building modifications are excluded from this residential district, and rehabilitation and adaptive reuse are encouraged.

9.1.C Purpose of the HMR-1 Historic Marigny/Tremé/Bywater Residential District   

The HMR-1 Historic Marigny/Tremé/Bywater Residential District is intended to protect existing residential development and to maintain a desirable character of such development within the historic Marigny/Tremé/Bywater areas. Incompatible uses are excluded from this residential district. Rehabilitation, renovation, and adaptive reuse particularly of historically significant buildings are encouraged.

9.1.D Purpose of the HMR-2 Historic Marigny/Tremé/Bywater Residential District   

The HMR-2 Historic Marigny/Tremé/Bywater Residential District is intended to protect existing residential development and to maintain a desirable character of such development within the historic Marigny/Tremé/Bywater areas. Incompatible uses are excluded from this residential district. Rehabilitation, renovation, and adaptive reuse particularly of historically significant buildings are encouraged. Smaller lot areas and higher floor-to-area ratios are permitted in the HMR-2 Historic Marigny/Tremé/Bywater Residential District than those allowed in the HMR-1 Historic Marigny/Tremé/Bywater Residential District.

9.1.E Purpose of the HMR-3 Historic Marigny/Tremé/Bywater Residential District   

The HMR-3 Historic Marigny/Tremé/Bywater Residential District is intended to provide for single-family dwellings and two-family dwellings, accommodate small-scale multi-family dwellings of three to four units, protect the existing residential development and maintain the desirable character of such development within the historic Marigny/Tremé/Bywater areas. Incompatible uses are excluded from this residential district. Rehabilitation, renovation, and adaptive reuse particularly of historically significant buildings are encouraged.

9.1.F Purpose of the Historic Core Neighborhoods Residential Mandatory Inclusionary Zoning Sub-Districts   

The Historic Core Neighborhoods Residential Mandatory Inclusionary Zoning core and strong Sub-Districts are intended to include mandatory affordable housing requirements, in accordance with Article 28, in districts that allow the development of ten or more dwelling units.

Adopted by Ordinance 28036 MCS, Section 1, March 28, 2019, ZD #112/18; Ord 28178, 9-5-19, ZD 49/19

9.2 Uses   

Only those uses of land listed under Table 9-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Historic Core Neighborhood Districts. A “P” indicates that a use is permitted within that zoning district. A “C” indicates that a use is a conditional use in that zoning district and would require a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.

 

Adopted by Ord. No. 27,375, §1, April 28, 2017, Zoning Docket 118/16; Ord. No. 27,707, §1, April 2, 2018, Zoning Docket 001/18; Ord. No. 28,156 MCS, §3, August 8, 2019, Zoning Docket 026/19 & 027/19; Ord. 28432 MCS, 8-6-20, ZD 38/20; Ord. No. 28,911, §1, January 6, 2022, Zoning Docket 084/21; Ord. No. 29,126, §8, Aug. 12, 2022, Zoning Docket 16/22; Ordinance No. 29382, March 23, 2023, Zoning Docket 02/23; Ordinance No. 29702, November 7, 2023, Zoning Docket 063/23; Ordinance No. 29946, 6-13-24, Zoning Docket 002/24

9.3 Site Design Standards   

9.3.A General Regulations   

Table 9-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Historic Core Neighborhood Districts. (Highlighted letters in Table 9-2 indicate where those bulk and yard regulations are illustrated on the accompanying site diagram.)

Table 9-3: Historic Core Neighborhoods Residential Inclusionary Zoning Sub-District Regulations1
Zoning Sub-District	Minimum Lot Area Requirement	Affordable Housing Unit Threshold	Set Aside Requirement %	Area Medium Income (AMI) Rental Units (%)	Area Medium Income (AMI) Homeownership (%)
VCR-1-IZ	900 sf/du	10	10	60	60
VCR-2-IZ	600 sf/du	10	10	60	60
HMR-1-IZ	900 sf/du	10	5	60	60
HMR-2-IZ	600 sf/du	10	5	60	60

TABLE 9-3 FOOTNOTE

¹The terms for the Mandatory Inclusionary Zoning Sub-Districts in this section are outlined in Article 28.

 

 

Adopted by Ord. No. 26,726, §1, December 7, 2015, Zoning Docket 081/15; Ord. No. 27,722, §2, April 11, 2018, Zoning Docket 113/17; Ord. No. 28036, §1, March 28, 2019, Zoning Docket 112/18; Ord. No. 28,911, §1, January 6, 2022, Zoning Docket 084/21

9.3.B Open Space Ratio   

1.  In the Vieux Carré Districts, all yards and courts may be included as open space when computing the open space ratio. However, this open space shall be unobstructed from grade level to the sky. Where balconies, roof overhangs, galleries, stairways, storage area or similar projections are located in a yard or court, the area of the projection cannot be counted as open space for the open space ratio calculation. Above-grade courtyards or other rooftop uses, including but not limited to gardens and recreation areas, shall not be considered as open space.

2.  For residential uses in the Historic Core Neighborhood Districts, heating, ventilation, and air conditioning (HVAC) equipment is excluded from the open space ratio calculation (i.e., it will be considered qualifying open space) when it meets the following standards:

a.  The equipment is ground-mounted.

b.  The equipment is a single-condenser unit.

c.  The equipment is located and screened according to the requirements of Section 21.6.T (Mechanical Equipment).

9.3.C Open Space   

All required open space shall be permeable.

Adopted by Ord. No. 27,722, §2, April 11, 2018, Zoning Docket 113/17;

9.3.C Encroachment into Public Right-of-Way   

Within the Historic Core Neighborhood Districts, new construction is encouraged to include common architectural features that encroach into the public right-of-way, such as galleries, stoops, and balconies, in keeping with the established development pattern. A long-term grant of servitude from the Department of Property Management is required for this type of encroachment. 

9.4 Permitted Residential Conversions in the Vieux Carré Districts   

A.  In the Vieux Carré Districts, upon approval of the Vieux Carré Commission and the Board of Zoning Adjustments, an existing structure with a floor area ratio that equals or exceeds three (3), may be converted to a multi-family dwelling provided that the minimum lot area is four hundred (400) square feet per dwelling unit.

B.  When a proposed conversion scheme provides verification that the exterior building envelope will not be increased, except for minor expansions necessary to allow compliance with applicable building codes, such as exterior stairwells or similar means of access, the following additional standards shall be met:

1.  The minimum dwelling unit size is eight-hundred (800) square feet.

2.  The minimum lot area is three-hundred forty (340) square feet per dwelling unit.
 

9.5 Design Standards for Vieux Carré Districts   

The Vieux Carré Commission’s Design Guidelines contain the procedures and compatible architectural details for properties located in the Vieux Carré Historic District. 

9.6 Design Standards for Historic Marigny/Tremé/Bywater Districts   

The following standards shall apply to all sites, except for single and two-family residential dwellings:

A.  For new construction, ADA accessible ramps and lifts shall be visually unobtrusive, preferably through internalized ramps or sloped walkways.

B.  All buildings shall be oriented towards a public or private street in terms of architectural interest and building access.

9.7 General Standards of Applicability   

All Historic Core Neighborhood Districts are subject to the following standards:

9.7.A Accessory Structures and Uses   

See Section 21.6 for standards governing accessory structures and uses. 

9.7.B Temporary Uses   

See Section 21.8 for standards governing temporary uses.

9.7.C Site Development Standards   

See Article 21 for additional site development standards such as exterior lighting, environmental performance standards, and permitted encroachments. 

9.7.D Off-Street Parking and Loading   

See Article 22 for standards governing off-street parking and loading.

9.7.E Landscape, Stormwater Management, and Screening   

See Article 23 for standards governing landscape, stormwater management, and screening.

9.7.F Signs   

See Article 24 for standards governing signs.

9.7.G Overlay Districts   

See Article 18 for additional overlay district regulations, when applicable.

9.7.H Nonconformities   

See Article 25 for regulations governing nonconformities.

9.8 Voluntary Inclusionary Zoning For Rental Properties in Historic Core Residential Neighborhoods – VCR-1, VCR-2, HMR-1, and HMR-2   

Rental properties not included in the Mandatory Inclusionary Zoning sub-districts or mapped for inclusion within the Mandatory Inclusionary Zoning sub-districts, may avail themselves to the provisions provided herein.

In order to incentivize the construction of multi-family rental housing with the inclusion of affordable dwelling units, in the Historic Core Residential Districts, VCR-1 and VCR-2 Vieux Carré Residential Districts and the HMR-1 and HMR-2 Historic Marigny/Tremé /Bywater Residential Districts, density bonus and parking reductions shall be granted in exchange for the voluntary provision of affordable rental dwelling units. Developments containing ten (10) or more dwelling units that set aside at least 5% of units at a 60% Area Median Income level shall be awarded a maximum of thirty percent (30%) reduction in the minimum lot area per dwelling unit requirements and a thirty percent (30%) increase in the floor area ratio (FAR).  Multi-family developments providing affordable housing units subject to the off-street parking requirements of Article 22 shall be granted a minimum of ten percent (10%) and up to a maximum of thirty percent (30%) reduction of the required parking.

Developments opting to participate in the voluntary IZ program shall be developed in accordance with Article 28, Section 28.3-Affordable Housing Development Use Standards and Guidelines and shall be subject to the regulatory and monitoring requirements outlined in Article 28, Section 28.8.

1.         All applications requesting a development bonus for providing affordable housing shall include an Affordable Housing Impact Statement (AHIS) with the application. The AHIS shall provide the following information:

a.         The number of units added at the Area Medium Income Levels (AMI) at or below 80%, 50%, and 30%.

b.         The number of units removed at the Area Medium Income Levels at or below 80%, 50%, and 30%.

c.         The bedroom mix of the unit to be added or removed (1, 2, 3, 4, etc. bedrooms).

d.         The total number of units added and total number of units removed.

 

Adopted by Ord. 26,570 MCS, Sept. 9, 2015, Zoning Docket 054-15; Ord. 27,377 MCS, §2, April 28, 2017, Zoning Docket 007-17; Ord 28178, 9-5-19, ZD 49/19; Ord. 29566, 8-1-23, Zoning Docket 014-23

9.9 Voluntary Inclusionary Zoning For For-Sale Properties in Historic Core Residential Neighborhoods   

Residential properties with an affordable for-sale component may avail themselves to the provisions provided herein.

In order to incentivize the construction of for-sale housing with the inclusion of affordable dwelling units, in the Historic Core Residential Districts, density bonus and parking reductions shall be granted in exchange for the voluntary provision of affordable for-sale dwelling units. Developments containing fewer than ten (10) for-sale dwelling units that set aside at least one (1) unit OR developments containing ten (10) or more for-sale dwelling units that set-aside at least ten percent (10%) of units up to 120% Area Medium Income (AMI) or less shall be awarded a maximum of thirty percent (30%) reduction in the minimum lot area per dwelling unit, a thirty percent (30%) reduction in required minimum lot width requirements and a thirty percent (30%) increase in the floor area ratio (FAR). Developments that meet these requirements and are subject to the off-street parking requirements of Article 22 shall be granted up to a fifty percent (50%) reduction of the required parking.

Developments opting to participate in the for-sale voluntary IZ program shall be developed in accordance with Article 28.

Adopted by Ord. 29566, 8-1-23, Zoning Docket 014-23

Article 10 Historic Core Neighborhoods Non-Residential Districts

PURPOSE OF THE HISTORIC CORE NEIGHBORHOODS

The Historic Core Neighborhoods are the neighborhoods that developed during the City’s colonial period, including adjacent areas that continued those development patterns. Consisting of the Vieux Carré, Faubourg Marigny, Tremé, Bywater, and portions of surrounding neighborhoods, the Historic Core Neighborhoods reflect a scale resulting from historically pedestrian movement.

The non-residential districts of the Historic Core Neighborhoods contain regulations to preserve and reflect the historic development pattern and the dense mixed-use environment. The districts allow for a variety of uses, including residential, commercial and entertainment, integrated throughout the district as a whole and at times within a single structure.

CHARACTER OF THE HISTORIC CORE NEIGHBORHOODS

The character of the non-residential districts of the Historic Core Neighborhoods is defined by:

»         Numerous historic structures that date to the end of the 18th century and early part of the 19th century, which are protected by historic district regulations and the Vieux Carré Commission and Historic District Landmarks Commission

»         A mixed-use, pedestrian-oriented environment, including a variety of residential dwelling types and commercial uses integrated throughout the neighborhood as well as within a square

»         Dense development patterns with minimal to no setbacks between structures and between structures and the street

»         Structures vary in height from single story cottages to four stories, often designed with commercial uses on the ground floor and residences above

10.1 Purpose Statements   

10.1.A Purpose of the VCC-1 Vieux Carré Commercial District   

The VCC-1 Vieux Carré Commercial District is intended to provide for restricted retail stores and service establishments that will attract and service local residents and tourists, and that will not adversely affect the character of nearby residences or detract from the overall character of the Vieux Carré.

10.1.B Purpose of the VCC-2 Vieux Carré Commercial District   

The VCC-2 Vieux Carré Commercial District is intended to provide for retail and service establishments that attract and service local residents and visitors, permitting more intensive commercial uses than in the VCC-1 District, yet protecting the quality of life of the adjacent residential uses and the overall character of the Vieux Carré. This district includes the major shopping area of the Vieux Carré.

10.1.C Purpose of the VCE Vieux Carré Entertainment District   

 The purpose of this district is to provide for entertainment places and restricted retail stores that attract and serve visitors and local residents. 

10.1.D Purpose of the VCE-1 Vieux Carré Entertainment District   

The purpose of this district is to provide for entertainment places and restricted retail stores along Decatur and N. Peters Streets that attract and serve visitors and local residents. 

10.1.E Purpose of the VCS Vieux Carré Service District   

The VCS Vieux Carré Service District is intended to provide for the redevelopment of areas near the Mississippi River that were historically developed with industrial and commercial uses as a mixed-use area, with ground-floor retail and commercial uses and residential uses above. This district also promotes the improvement, beautification and redevelopment of existing surface parking lots and their redevelopment with structured parking and a mixture of commercial and residential uses. Existing commercial uses that do not adversely affect residential uses or the overall character of the Vieux Carré are also intended to be accommodated in the VCS-1 District.

10.1.F Purpose of the VCS-1 Vieux Carré Service District   

The VCS-1 Vieux Carré Service District is intended to provide for the redevelopment of areas near the Mississippi River that were historically developed with industrial and commercial uses as a mixed-use area, with ground-floor retail and commercial uses and residential uses above. This district also promotes the improvement, beautification and redevelopment of existing surface parking lots and their redevelopment with structured parking and a mixture of commercial and residential uses. Existing commercial uses that do not adversely affect residential uses or the overall character of the Vieux Carré are also intended to be accommodated in the VCS-1 District. Hotels may be considered as part of the redevelopment of historic structures through the conditional use process. 

10.1.G Purpose of the HMC-1 Historic Marigny/Tremé/Bywater Commercial District   

The HMC-1 Historic Marigny/Tremé/Bywater Commercial District is intended to provide for restricted retail stores and service establishments that will attract tourists and local residents without adversely affecting either the character of the historic Marigny/Tremé/Bywater area or nearby residences. This district also allows higher residential densities when a project is providing significant public benefits such as long-term affordable housing.

Adopted by Ord. No. 28,911, §2, January 6, 2022, Zoning Docket 084/21

10.1.H Purpose of the HMC-2 Historic Marigny/Tremé/Bywater Commercial District   

The HMC-2 Historic Marigny/Tremé/Bywater Commercial District is intended to permit more intensive commercial uses than the HMC-1 District, yet protect the historic character of the Marigny/Tremé/Bywater area. The district includes the peripheral properties in Marigny/Tremé/Bywater that front on major traffic arteries and can provide access for more intense commercial uses. This district also allows higher residential densities when a project is providing significant public benefits such as long-term affordable housing.

Adopted by Ord. No. 28,911, §2, January 6, 2022, Zoning Docket 084/21

10.1.I Purpose of the HM-MU Historic Marigny/Tremé/Bywater Mixed-Use District   

The HM-MU Historic Marigny/Tremé/Bywater Mixed-Use District is intended to provide a mixed-use environment of light industrial, commercial, and residential uses that would not adversely affect the historic character of the neighborhood. Compatibility of such uses and structures with one another and with the area is encouraged through the development review process. This district also allows higher residential densities when a project is providing significant public benefits such as long-term affordable housing.

Adopted by Ord. No. 28,911, §2, January 6, 2022, Zoning Docket 084/21

10.1.J Purpose of the VCP Vieux Carré Park District   

The VCP Vieux Carré Park District is intended to provide for parks, public facilities, and associated uses in the Vieux Carré and along the Vieux Carré riverfront. Parks and open space are encouraged and are permitted uses. Conditional use review is required for all other uses to ensure compatibility of the character of the Vieux Carré with the maritime use and scale of the waterfront.

10.1.K Purpose of the Historic Core Neighborhoods Non-Residential Mandatory Inclusionary Zoning Subdistrict   

The Historic Core Neighborhoods Non-Residential Mandatory Inclusionary Zoning Sub Districts are intended to include mandatory affordable housing requirements, in accordance with Article 28, in districts that allow the development of ten or more dwelling units.

Adopted by Ord. 28036 MCS, Sec. 1, ZD#112/18, March 28, 2019; Ord 28178, 9-5-19, ZD 49/19

10.2 Uses   

10.2.A Permitted and Conditional Uses   

Only those uses of land listed under Table 10-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Historic Core Neighborhood Districts. A “P” indicates that a use is permitted within that zoning district. A “C” indicates that a use is a conditional use in that zoning district and would require a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.

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⁷ As authorized in Article 22, Section 22.8.B.2.a

Adopted by Aug. 22, 2019, Zoning Docket 47/19, Ord. MCS, Sec. 1; April 15, 2016, Zoning Docket 120-15, Ord. 26,866 MCS - May 27, 2016, Zoning Docket 018-16, Ord. 26,921 MCS - May 27, 2016, Zoning Docket 019-16, Ord. 26,923 MCS; Ord. No. 27,209, §1, Dec. 7, 2016, Zoning Docket 61/16; Ord. No. 27,707, §1, April 2, 2018, Zoning Docket 001/18; Ord. 28036 MCS, Sec. 1, ZD#112/18, March 28, 2019; Ord. 28176, Sept. 5, 2019, ZD 58/19; Ord. No. 28,156 MCS, §4, August 8, 2019, Zoning Docket 026/19 & 027/19; Ord. 28432 MCS, 8-6-20, ZD 38/20; Ord. 28696 MCS, 6-3-21, ZD 16/21; Ord 28943 MCS, 2-17-22, ZD 96/21; Ord 28905 MCS, 1-6-22, ZD 83/21; Ord. No. 28,911, §2, January 6, 2022, Zoning Docket 084/21; Ord. No. 29,126, August 12, 2022, Zoning Docket 016/22; Ord 29157 9-15-22, ZD 030/22; Ordinance No. 29382, March 23, 2023, Zoning Docket 02/23; Ord. 29528, 7-24-23, Zoning Docket 13/23; Ordinance No. 29702, November 7, 2023, Zoning Docket 063/23; Ordinance No. 29946, 6-13-24, Zoning Docket 002/24; Ordinance No. 30060, 9-25-24, ZD061/24

10.2.B Use Restrictions   

10.2.B.1 Existing Hotel Uses in the Vieux Carré Districts   

Existing hotels in the VCC-2, VCE, and VCS Districts containing more than thirty (30) rooms may provide live entertainment subject to applicable ordinances relative to licensing procedures. All entertainment shall be within an enclosed structure.

10.2.B.2 Adult Use Restrictions in the Vieux Carré Districts   

Adult uses are prohibited in the area bounded by Ursuline, Barracks, Decatur, and North Peters Streets.

10.2.B.3 VCS and VCS-1 District Floor Area Limitation   

In the VCS and VCS-1 Districts, a wholesale goods establishment is limited to twenty-five thousand (25,000) square feet of floor area.

10.2.B.4 Personal Service Establishments in the VCE District   

In the VCE District, massage establishments are prohibited.

10.2.B.5 HMC-1 District Floor Area Limitation   

In the HMC-1 District, the floor area of commercial uses is limited as follows:

a.  Commercial uses are permitted uses up to three thousand (3,000) square feet of gross floor area, unless conditional use approval is required per Table 10-1.

b.  Conditional use approval is required for any commercial use of three thousand (3,000) to five thousand (5,000) square feet of total floor area.

c.  Any commercial use over five thousand (5,000) square feet of total floor area is prohibited. This applies only to new construction as of the effective date of this Ordinance. The establishment of a commercial use within an existing structure that as of the effective date of this Ordinance has more than five thousand (5,000) square feet of gross floor area requires conditional use approval.

10.2.B.6 HMC-2 District Floor Area Limitation   

In the HMC-2 District, any non-residential use of more than ten thousand (10,000) square feet of gross floor area is a conditional use. 

10.2.B.7 HMC-2 District Live Entertainment Limitation   

In the HMC-2 District, a live performance venue and/or live entertainment – secondary use and/or outdoor live entertainment - secondary use is limited to one (1) per blockface. 

Adopted by Ord 29157 MCS, 9-15-22, ZD030/22

10.2.B.8 T-shirt Shops in the Vieux Carré Districts   

In any Vieux Carré District, T-shirt shops are prohibited.

10.2.B.9 Cigar Bar in the VCC-2 District   

In the VCC-2 District, cigar bars shall close by 9:00 p.m. on Monday through Thursday, or by 11:00 p.m. on Friday, Saturday, and Sunday. 

10.2.B.10 Breweries in the HMC-2 and HM-MU Districts   

In the HMC-2 and HM-MU Districts, only breweries and distilleries that produce fewer than 12,500 barrels per year are considered permitted uses.

Adopted by Ord. 28696 MCS, 6-3-21, ZD 16/21

10.3 Site Design Standards   

10.3.A General Regulations   

Table 10-2: Bulk and Yard Regulations establish bulk and yard regulations for the Historic Core Neighborhood Districts. (Highlighted letters in Table 10-2 indicate where those bulk and yard regulations are illustrated on the accompanying site diagram.)

 

Adopted by Ord. 27,722 MCS, §3, April 11, 2018, Zoning Docket 113-17; Ord. No. 28,911, §2, January 6, 2022, Zoning Docket 084/21

10.3.B Building Height in Vieux Carré Districts   

Buildings of a lesser height than that permitted in Table 10-2 may be required by the Vieux Carré Commission. These height regulations do not apply to public utilities.

10.3.C Open Space   

All required open space shall be permeable.

Adopted by Ord. 27,722 MCS, §3, April 11, 2018, Zoning Docket 113-17

10.3.D Open Space Ratio   

1.  In the Vieux Carré Districts, all yards and courts may be included as open space when computing the open space ratio. However, this open space shall be unobstructed from grade level to the sky. Where balconies, roof overhangs, galleries, stairways, storage areas, or similar projections are located in a yard or court, the area of the projection cannot be counted as open space for the open space ratio calculation.

2.  For residential uses in the Historic Core Neighborhood Districts, heating, ventilation, and air conditioning (HVAC) equipment is excluded from the open space ratio calculation (i.e., it will be considered qualifying open space) when it meets the following standards:

a.  The equipment is ground-mounted.

b.  The equipment is a single-condenser unit.

c.  The equipment is located and screened according to the requirements of Section 21.6.T (Mechanical Equipment).

10.3.E Encroachment into Public Right-of-Way   

Within the Historic Core Neighborhood Districts, new construction is encouraged to include common architectural features that encroach into the public right-of-way, such as galleries, stoops, and balconies, in keeping with the established development pattern. A long-term grant of servitude from the Department of Property Management is required for this type of encroachment.  

10.4 Required Open Space in the VCP District   

A.  All land and water areas shall be maintained as open space in the area of the VCP District bounded by the floodwall, the Mississippi River, St. Peter Street (extended), and Ursulines Street (extended). Enclosed structures, with the exception of accessory buildings, and off-street parking areas are prohibited.

B.  Seventy-five percent (75%) of the land area shall be maintained as open space in the area of the VCP Park District bounded by the floodwall, Esplanade Avenue (extended), the Mississippi River, and Ursulines Street (extended). The open space area may not be encumbered by enclosed structures or off-street parking areas, except for building service areas, including loading docks and staging areas, etc. Street rights-of-way are not calculated in the open space requirement.

C.  Seventy-five percent (75%) of the land area shall be maintained as open space in the area of the VCP District bounded by the floodwall, Canal Street, the Mississippi River, and St. Peter Street (extended). The open space area may not be encumbered by enclosed structures or off-street parking areas, except building service areas, including loading docks and staging areas, etc.

10.5 Permitted Residential Conversions in the Vieux Carré Districts   

A.  In the Vieux Carré Districts, upon approval of the Vieux Carré Commission and the Board of Zoning Adjustments, an existing structure with a floor area ratio that equals or exceeds three (3), may be converted to a multi-family dwelling provided that the minimum lot area is four hundred (400) square feet per dwelling unit.

B.  When a proposed conversion scheme provides verification that the exterior building envelope will not be increased, except for minor expansions necessary to allow compliance with applicable building codes, such as exterior stairwells or similar means of access, the following additional standards shall be met:

1.  The minimum dwelling unit size is eight-hundred (800) square feet.

2.  The minimum lot area is three-hundred forty (340) square feet per dwelling unit.
 

10.6 Design Standards for Vieux Carré Districts   

The Vieux Carré Commission’s Design Guidelines contain the procedures and compatible architectural details for properties located in the Vieux Carré Historic District. 

10.7 Design Standards for Historic Marigny/Tremé/Bywater Districts   

The following standards shall apply to all sites, except single and two-family residential dwellings:

A.  For new construction, ADA accessible ramps and lifts shall be visually unobtrusive, preferably through internalized ramps or sloped walkways.

B.  All buildings shall be oriented towards a public or private street in terms of architectural interest and building access.

10.8 General Standards of Applicability   

All Historic Core Neighborhood Districts are subject to the following standards:

10.8.A Accessory Structures and Uses   

See Section 21.6 for standards governing accessory structures and uses. 

10.8.B Temporary Uses   

See Section 21.8 for standards governing temporary uses.

10.8.C Site Development Standards   

See Article 21 for additional site development standards such as exterior lighting, environmental performance standards, and permitted encroachments. 

10.8.D Off-Street Parking and Loading   

See Article 22 for standards governing off-street parking and loading.

10.8.E Landscape, Stormwater Management, and Screening   

See Article 23 for standards governing landscape, stormwater management, and screening.

10.8.F Signs   

See Article 24 for standards governing signs.

10.8.G Overlay Districts   

See Article 18 for additional overlay district regulations, when applicable.

10.8.H Nonconformities   

See Article 25 for regulations governing nonconformities.

10.8.I Voluntary Inclusionary Zoning For For-Sale Properties in Historic Core Non-Residential Districts.   

Residential properties with an affordable for-sale component may avail themselves to the provisions provided herein.

In order to incentivize the construction of for-sale housing with the inclusion of affordable dwelling units, in the Historic Core Non-Residential Districts, density bonus and parking reductions shall be granted in exchange for the voluntary provision of affordable for-sale dwelling units. Developments containing fewer than ten (10) for-sale dwelling units that set aside at least one (1) unit OR developments containing ten (10) or more for-sale dwelling units that set-aside at least ten percent (10%) of units up to 120% Area Medium Income (AMI) or less shall be awarded a maximum of thirty percent (30%) reduction in the minimum lot area per dwelling unit requirements, a thirty percent (30%) reduction in required minimum lot width requirements and a thirty percent (30%) increase in the floor area ratio (FAR). Developments that meet these requirements and are subject to the off-street parking requirements of Article 22 shall be granted a fifty percent (50%) reduction of the required parking.

Developments opting to participate in the for-sale voluntary IZ program shall be developed in accordance with Article 28.

Adopted by Ord. 29566, 8-1-23, Zoning Docket 014-23

Article 11 Historic Urban Neighborhoods Residential Districts

PURPOSE OF THE HISTORIC URBAN NEIGHBORHOODS

Historic Urban Neighborhoods are those areas of the city that were developed predominantly in the mid to late 19th century. The development pattern of Historic Urban Neighborhoods is characterized by a higher density and pedestrian scale environment with limited accommodation for the automobile. Within Historic Urban Neighborhoods, many of the residential neighborhoods contain traditional corner stores that serve the immediate residents and are in proximity to commercial clusters of local businesses.

The residential districts of the Historic Urban Neighborhoods contain regulations that create and maintain the established scale and character of these areas, with a higher residential density, acknowledges many of these areas were developed without accommodation for the auto, and respect the variety of setbacks seen in residential neighborhoods.

CHARACTER OF THE HISTORIC URBAN NEIGHBORHOODS

The character of the residential districts of the Historic Urban Neighborhoods is defined by:

»         Dense development patterns with minimal setbacks between structures and between structures and the street, with some structures built at the property line

»         Neighborhoods typically made up of a particular dwelling type, such as single and double shotguns, American townhouses or the larger single-family homes

»         Single-family and two-family homes of one to two stories, with multi-family and townhouse dwellings rising three to four stories

11.1 Purpose Statements   

11.1.A Purpose of the HU-RS Single-Family Residential District   

The HU-RS Single-Family Residential District is intended to provide for the traditional, pre-World War II single-family residential development. These areas are urban single-family neighborhoods of higher density and smaller setbacks than seen in the post-World War II areas of the City. Limited non-residential uses such as places of worship, historic neighborhood commercial establishments, and recreational facilities that are compatible with surrounding residential neighborhoods may be allowed.

11.1.B Purpose of the HU-RD1 Two-Family Residential District   

The HU-RD1 Two-Family Residential District is intended to provide for the creation and maintenance of urban neighborhoods consisting of compact residential areas having a mix of housing types. The district accommodates two-family developments on smaller lots in older, more densely populated sections of the City. This district also allows higher residential densities when a project is providing significant public benefits such as long-term affordable housing. Limited non-residential uses such as places of worship, historic neighborhood commercial establishments, and recreational facilities that are compatible with surrounding residential neighborhoods may be allowed.

Adopted by Ord. No. 28,911, §3, January 6, 2022, Zoning Docket 084/21

11.1.C Purpose of the HU-RD2 Two-Family Residential District   

The HU-RD2 Two-Family Residential District is intended to provide for two-family development on smaller lots in older, densely populated urban sections of the City mixed with detached single-family dwellings. This district also allows higher residential densities when a project is providing significant public benefits such as long-term affordable housing. Limited non-residential uses such as places of worship, historic neighborhood commercial establishments, and recreational facilities that are compatible with surrounding residential neighborhoods may be allowed.

Adopted by Ord. No. 28,911, §3, January 6, 2022, Zoning Docket 084/21

11.1.D Purpose of the HU-RM1 Multi-Family Residential District   

The HU-RM1 Multi-Family Residential District is intended to provide for low to medium residential densities appropriate for a variety of housing types such as single-family, two-family, townhouse and lower density multi-family dwellings. The district is intended to maintain a primarily residential environment with a variety of lower density dwelling types therefore the building height is limited to three stories. Limited non-residential uses such as places of worship, historic neighborhood commercial establishments, and recreational facilities that are compatible with surrounding residential neighborhoods may be allowed.

11.1.E Purpose of the HU-RM2 Multi-Family Residential District   

The HU-RM2 Multi-Family Residential District is intended to provide for moderate density low-rise multi-family development of up to four stories as well as townhouse developments. This district may serve as a transition zone between single- and two-family neighborhoods and adjacent higher intensity land uses. Limited non-residential uses such as places of worship, historic neighborhood commercial establishments, and recreational facilities that are compatible with surrounding residential neighborhoods may be allowed.

11.1.F Purpose of the Historic Urban Neighborhoods Residential Mandatory Inclusionary Zoning Sub-Districts   

The Historic Urban Neighborhoods Residential Mandatory Inclusionary Zoning Sub-Districts are intended to include mandatory affordable housing requirements, in accordance with Article 28, in districts that allow the development of ten or more dwelling units.

Adopted by Ord. 28036 MCS, Sec. 1, ZD 112/18, March 28, 2019

11.2 Uses   

Only those uses of land listed under Table 11-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Historic Urban Neighborhood Districts. A “P” indicates that a use is permitted within that zoning district. A “C” indicates that a use is a conditional use in that zoning district and would require a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.

Table 11-1: Permitted and Conditional Uses

Table 11-1: Permitted and Conditional Uses
USE1	DISTRICTS					USE STANDARDS
	HU-RS	HU-RD1	HU-RD2	HU-RM1	HU-RM2
RESIDENTIAL USE
Artist Community		C			P	Section 20.3.F
Bed and Breakfast – Accessory	C	C	C	C	C	Section 20.3.I
Bed and Breakfast - Principal				C	C	Section 20.3.I
Day Care Home, Adult – Small	C	P	P	P	P	Section 20.3.T
Day Care Home, Adult – Large				C	C	Section 20.3.T
Dwelling, Established Two-Family	P					Section 20.3.W
Dwelling, Single-Family	P	P	P	P	P
Dwelling, Two-Family		P	P	P	P	Section 20.3.Y
Dwelling, Townhouse			C	P	P	Section 20.3.X
Dwelling, Multi-Family				P	P
Dwelling, Established Multi-Family	P,C4	P,C4	P,C4			Section 20.3.W
Dwelling, Small Multi-Family Affordable		P	P	P	P	Section 20.3.SSS
Group Home, Small	P	P	P	P	P	Section 20.3.GG
Group Home, Large				P	P	Section 20.3.GG
Group Home, Congregate				C	C	Section 20.3.GG
Home Based Child Care, Small	P	P	P	P	P	Section 20.3.T
Permanent Supportive Housing				P	P	Section 20.3.PP
Residential Care Facility		P	P	P	P	Section 20.3.YY
COMMERCIAL USE
Day Care Center, Adult – Small				P	P	Section 20.3.S
Day Care Center, Adult – Large				C	C	Section 20.3.S
Neighborhood Commercial Establishment	C	C	C	C	C	Section 20.3.NN
Private Residential Recreation Facility (Indoor or Outdoor)				P	P	Section 20.3.SS
Racetrack (Only Those Existing as of Ordinance Effective Date)		C				Section 20.3.VV
INDUSTRIAL USE
Solar Energy System – Small-Scale Ground Mounted Only	P	P	P	P	P	Section 20.3.DDD
INSTITUTIONAL USE
Child Care Center, Small	P	P	P	P	P	Section 20.3.S
Child Care Center, Large	P	P	P	P	P	Section 20.3.S
City Hall	C	C	C	C	C
Community Center	C	C	C	C	C
Convent and Monastery	P	P	P	P	P
Cultural Facility	C	C	C	C	C	Section 20.3.R
Domestic Protection Shelter				P	P	Section 20.3.U
Educational Facility, Primary	C	C	C	C	C	Section 20.3.Z
Educational Facility, Secondary	C	C	C	C	C	Section 20.3.Z
Emergency Shelter				P	P	Section 20.3.AA
Government Offices	P	P	P	P	P	Section 20.3.FF
Hospital					C
Place of Worship	P	P	P	P	P
Public Works and Safety Facilities	C	C	C	C	C
Social Club or Lodge		C	C	C	C	Section 20.3.CCC
Veterans Wellness Facility				C	C	Section 20.3.OOO
OPEN SPACE USE
Agriculture – No Livestock	P	P	P	P	P	Section 20.3.C
Agriculture – With Livestock	C	C	C	C	C	Section 20.3.C
Country Club	C	C	C	C	C	Section 20.3.MMM
Parks and Playgrounds	P	P	P	P	P
Stormwater Management (Principal Use)	P	P	P	P	P
OTHER
Parking Lot (Accessory Use)	C5	C5	C5	C5
Planned Development	C	C	C	C	C	Article 5
Pumping Station	P	P	P	P	P	Section 20.3.UU
Utilities	P2	P2	P2	P2	P2	Section 20.3.GGG
Wireless Communications Antenna & Facility	C,P3	C,P3	C,P3	C,P3	C,P3	Section 20.3.JJJ
Wireless Communications Tower & Facility	C	C	C	C	C	Section 20.3.JJJ

⁵As authorized in Article 22, Section 22.8.B.2.a

Adopted by Ord. No. 27,375, §2, April 28, 2017, Zoning Docket 118/16; Ord. No. 27,707, §1, April 2, 2018, Zoning Docket 001/18; Ord. 28176, Sept. 5, 2019, ZD 59/19; Ord. No. 28,156 MCS, §5, August 8, 2019, Zoning Docket 026/19 & 027/19; Ord.28279 MCS, 12-19-19, ZD 62/19; Ord.28328 MCS, 4-15-20, ZD 115/19; Ord. 28432 MCS, 8-6-20, ZD 38/20; Ord. 28622 MCS, 3-11-21, ZD83/20: Ord 28905 MCS, 1-6-22, ZD 83/21 ;Ord. No. 28,911, §3, January 6, 2022, Zoning Docket 084/21; Ord 29100, 7-21-22, ZD 36/22; Ord 29126, 8-12-22, ZD016/22; Ordinance No. 29382, March 23, 2023, Zoning Docket 02/23; Ordinance No. 29702, November 7, 2023, Zoning Docket 063/23; Ord. No 29744, 12-8-23, Zoning Docket 055/23; Ordinance No. 29946, 6-13-24, Zoning Docket 002/24

11.3 Site Design Standards   

11.3.A Bulk and Yard Regulations   

11.3.A.1 General Regulations   

Table 11-2A: Bulk and Yard Regulations establishes bulk and yard regulations for the Historic Urban Neighborhood Districts, less and except the HU-RD1 zoned properties in the area known as the Garden District Historic District. The boundaries of the Garden District Historic District are roughly Magazine Street, Josephine Street, Carondelet Street and Delachaise Street, excluding parcels facing along St. Charles Avenue except at the intersection with Jackson Avenue. (Highlighted letters in Table 11-2A indicate where those bulk and yard regulations are illustrated on the accompanying site diagram.)

Table 11-2B: Bulk and Yard Regulations establishes bulk and yard regulations for the HU-RD1 zoned properties in the area known as the Garden District Historic District. The boundaries of the Garden District Historic District are roughly Magazine Street, Josephine Street, Carondelet Street and Delachaise Street, excluding parcels facing along St. Charles Avenue except at the intersection with Jackson Avenue. (Highlighted letters in Table 11-2B indicate where those bulk and yard regulations are illustrated on the accompanying site diagram.)

Table 11-3: The Mandatory Inclusionary Zoning Sub-District (MIZ) regulations establish mandatory inclusionary unit thresholds, set aside requirements, and Area Medium Income (AMI) levels and is required for any development that contains residential development of 10 or more dwelling units, including rental and homeownership dwelling units. Affordable Housing Units shall be in accordance with the standards outlined in the table below. All other bulk and yard regulations for the sub-districts are subject to the corresponding non-inclusionary zoning base district regulations.

¹The terms for the Mandatory Inclusionary Zoning Sub-Districts in this section are outlined in Article 28.

²The minimum lot area requirement for properties in this district is established through the Established Two-Family or Multi-Family regulations as defined in Article 20.3.W.

 

Adopted by Ord. No. 26,726, §1, December 7, 2015, Zoning Docket 081/15;j Ord 28178, 9-5-19, ZD 49/19; Ord. No. 28,911, §3, January 6, 2022, Zoning Docket 084/21

11.3.A.2 Front Yard Build-To Line Requirement   

a.  Within the residential districts of the Historic Urban Neighborhood Districts, the front yard build-to line is established by any one (1) of the following methods. A build-to line is an established setback line at which a structure is required to build. However, in no case may the front yard of a single-family or two-family dwelling exceed twenty (20) feet in the Historic Urban Neighborhood Districts.

i.  As of the effective date of this Ordinance, the current front yard of the existing structure may be set as the required front yard build-to line. When a structure is demolished, the demolition permit shall indicate the dimension of the front yard prior to demolition. The required front yard build-to line is that indicated on the demolition permit.

ii.  The required front yard build-to line indicated on the most recent survey or Sanborn maps.

iii.  The average of the front yard of the adjacent lots on either side may be used to establish the required front yard build-to line. 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 front yard build-to line is that of the adjacent lot. (See Figure 11-1: Front Yard Averaging)

b.  The applicant is permitted a plus or minus three (3) foot variation from a front yard build-to line established by any of the above methods.

c.  The required front yard build-to line is measured as the narrowest dimension from the front lot line to the principal structure. The measurement is taken from the building walls of the principal structure and does not include permitted encroachments or architectural features, such as uncovered porches, bay windows, steps, and stoops. 

d. Should calculation of the required front yard setback be unable to be determined by the methods identified in item a above, the Director of the Department of Safety and Permits shall determine the setback based on his/her best judgement given the development pattern in the immediate surrounding area.

FIGURE 11-1: FRONT YARD AVERAGING

Adopted by Ord. 29126, 8-12-22, ZD016/22

11.3.A.3 Corner Side Yard for Single-Family and Two-Family Dwellings   

a.  For single-family and two-family dwellings within the residential districts of the Historic Urban Neighborhood Districts, the corner side yard is established by any one (1) of the following methods.

i.  As of the effective date of this Ordinance, the current corner side yard of the existing structure may be set as the required corner side yard. When a structure is demolished, the demolition permit shall indicate the dimension of the corner side yard prior to demolition. The required corner side yard is that which is indicated on the demolition permit.

ii.  The required corner side yard may be that indicated on the most recent survey or Sanborn maps.

iii.  A minimum of ten percent (10%) of lot width.

b.  The required corner side yard build-to line is measured as the narrowest dimension from the corner side lot line to the principal structure. The measurement is taken from the building walls of the principal structure and does not include permitted encroachments or architectural features, such as uncovered porches, bay windows, steps, and stoops. 

c. The applicant is permitted a plus or minus three (3) foot variation from a corner side yard build-to line established by any of the above methods.

Adopted by Ord. 29126, 8-12-22, ZD016/22

11.3.A.4 Required On-Site Open Space   

All townhouse and multi-family dwellings shall provide at least one-hundred twenty (120) square feet of useable on-site open space per dwelling unit. This open space may be either private open space for the dwelling unit or common open space restricted to the use of residents of the townhouse or multi-family dwelling. Such open space shall meet the following requirements:

a.  Required open space shall have a minimum dimension of at least seven (7) feet on any side.

b.  Required open space shall be located on the same lot as the dwelling unit it serves.

c.  Required open space shall be outdoors and designed for outdoor living, recreation, or landscape, including areas located on the ground and areas on decks, balconies, galleries, porches, or roofs. For multi-family dwellings, when open space is above grade, such as a balcony or gallery, it may not be located over on-site surface parking areas.

d.  The required open space area may not be contiguous, but each open space area, whether common or private, shall comply with minimum dimensional standards of Table 11-2. Common open space areas shall be accessible to all residents of the subject development.

e.  When located at ground level, the required open space area shall be substantially covered with grass, live groundcover, shrubs, plants, trees, or permeable outdoor hardscape features or amenities, such as seating areas, patios, or pools.

f.  Off-street parking and loading areas, driveways or required landscape for parking lots and screening do not satisfy open space requirements. Bollards, curbs, wheel stops, or other similar features shall be provided to ensure that required open space areas are not used for off-street parking or any other vehicular use.

g.  Mechanical equipment, dumpsters, or service areas are prohibited in required open space areas.

h. All required open space areas shall be located and designed to take advantage of sunlight and other climatic advantages of the site.

Adopted by Ord. 27,722 MCS, §4, April 11, 2018, Zoning Docket 113-17

11.3.B Building Design Standards   

1. The following standards shall apply to all sites, except single and two-family residential dwellings:

a. All buildings shall provide a clearly identifiable entry from the public sidewalk at the front (primary street) elevation.

b. All buildings shall be oriented towards a public or private street in terms of architectural interest and building access.

c. To avoid the appearance of blank walls facing the street, when the side walls of a dwelling face a street, building facades shall be designed with multiple windows of a size matching those on the front elevation.

2. The following standards shall apply to all sites that meet the applicability thresholds of Section 4.5 Development Plan and Design Review:

a. Large, flat facades facing the street shall be avoided. Form-giving elements such as, but not limited to galleries, balconies, projected entrances, and overhangs are required on the street-facing façade.

b. Roof planes shall be consistent in slope, material, and detail to those typical in the area.

c. All shutters shall be operational and sized to fit windows.

d. Facades shall be designed to be viewed from multiple directions with consistent materials and treatments that wraps around all facades. There shall be a unifying architectural theme for an entire multi-family or townhouse development, utilizing a common vocabulary of architectural forms, elements, materials, and colors around the entire structure.

11.3.B.3 Parking Areas and Pedestrian Walkways   

a.  Parking is prohibited in the required front and corner side yards. Parking is prohibited in front of the building line or within five (5) feet of the front property line when located within a corner side yard. The front building line does not include any architectural features of the front façade.

b.  Driveways should be consolidated, where possible, in order to reduce curb cuts.  Adjacent residential buildings should, where possible, share driveway access.

11.3.B.4 Building Materials   

A list of prohibited building materials is included as follows. 

11.3.B.4.a Prohibited Materials   

The following materials are prohibited as the predominant surface finish material in the construction of new multi-family and townhouse developments. However, such materials may be used as part of decorative or detail elements, or as part of the exterior construction, such as a foundation course, that is not used as a predominant surface finish material.

i. Exterior insulation finish systems (EIFS) (e.g.“Dryvit”)

ii. Stuccato board

iii. Vinyl

11.4 General Standards of Applicability   

All Historic Urban Neighborhoods Districts are subject to the following standards:

11.4.A Accessory Structures and Uses   

See Section 21.6 for standards governing accessory structures and uses. 

11.4.B Temporary Uses   

See Section 21.8 for standards governing temporary uses.

11.4.C Site Development Standards   

See Article 21 for additional site development standards such as exterior lighting, environmental performance standards, and permitted encroachments. 

11.4.D Off-Street Parking and Loading   

See Article 22 for standards governing off-street parking and loading.

11.4.E Landscape, Stormwater Management, and Screening   

See Article 23 for standards governing landscape, stormwater management, and screening.

11.4.F Signs   

See Article 24 for standards governing signs.

11.4.G Overlay Districts   

See Article 18 for additional overlay district regulations, when applicable.

11.4.H Nonconformities   

See Article 25 for regulations governing nonconformities.

11.5 Voluntary IZ for Rental Properties In The Historic Urban Neighborhoods Residential Districts - HU-RM1, HU-RM2   

Rental properties not included in the Mandatory Inclusionary Zoning sub-districts or mapped for inclusion within the Mandatory Inclusionary Zoning sub-districts, may avail themselves to the provisions provided herein.

In order to incentivize the construction of multi-family rental housing with the inclusion of affordable housing units in the Historic Urban Neighborhoods Residential Districts, HU-RM1 and HU-RM2 Multi-Family Residential Districts, density bonus and parking reductions shall be granted in exchange for the voluntary provision of affordable rental dwelling units.  Developments containing ten (10) or more dwelling units that set aside at least five percent (5%) of units at a sixty percent (60%) Area Median Income level may be awarded a maximum of thirty percent (30%) reduction in the minimum lot area per dwelling unit requirements. Multi-family developments providing affordable housing units subject to the off-street parking requirements of Article 22, shall be granted a minimum of ten percent (10%) and up to a maximum of thirty percent (30%) reduction of the required parking.

Developments opting to participate in the voluntary IZ program shall be developed in accordance with Article 28, Section 28.3-Affordable Housing Development Use Standards and Guidelines and shall be subject to the regulatory and monitoring requirements outlined in Article 28, Section 28.8.

1.         All applications requesting a development bonus for providing affordable housing shall include an Affordable Housing Impact Statement (AHIS) with the application.  The AHIS shall provide the following information:

a.         The number of units added at the Area Medium Income Levels (AMI) at or below 80%, 50%, and 30%.

b.         The number of units removed at the Area Medium Income Levels at or below 80%, 50%, and 30%.

c.         The bedroom mix of the unit to be added or removed (1, 2, 3, 4, etc. bedrooms).

d.         The total number of units added and total number of units removed.

Adopted by Sept. 9, 2015, Zoning Docket 054-15, Ord. 26,570 MCS; Ord. 27,377 MCS, §4, April 28, 2017, Zoning Docket 007-17; Ord. 29566, 8-1-23, Zoning Docket 014-23

11.6 Voluntary Inclusionary Zoning For For-Sale Properties in Historic Urban Neighborhoods Residential Districts   

Residential properties with an affordable for-sale component may avail themselves to the provisions provided herein.

In order to incentivize the construction of for-sale housing with the inclusion of affordable dwelling units, in the Historic Urban Neighborhoods Residential Districts, density bonus and parking reductions shall be granted in exchange for the voluntary provision of affordable for-sale dwelling units. Developments containing fewer than ten (10) for-sale dwelling units that set aside at least one (1) unit OR developments containing ten (10) or more for-sale dwelling units that set-aside at least ten percent (10%) of units up to 120% Area Medium Income (AMI) or less shall be awarded a maximum of thirty percent (30%) reduction in the minimum lot area per dwelling unit requirements, a thirty percent (30%) reduction in required minimum lot width requirements and a thirty percent (30%) increase in the floor area ratio (FAR). Developments that meet these requirements and are subject to the off-street parking requirements of Article 22 shall be granted a fifty percent (50%) reduction of the required parking.

Developments opting to participate in the for-sale voluntary IZ program shall be developed in accordance with Article 28.

Adopted by Ord. 29566, 8-1-23, Zoning Docket 014-23

Article 12 Historic Urban Neighborhoods Non-Residential Districts

PURPOSE OF THE HISTORIC URBAN NEIGHBORHOODS

Historic Urban Neighborhoods are those areas of the city that were developed predominantly in the mid to late 19th century. The development pattern of Historic Urban Neighborhoods is characterized by a higher density and pedestrian scale environment with limited accommodation for the automobile. Within Historic Urban Neighborhoods, many of the residential neighborhoods contain traditional corner stores that serve the immediate residents and are in close proximity to commercial clusters of local businesses.

The non-residential districts of the Historic Urban Neighborhoods address the small-scale commercial areas have become integral parts of older neighborhoods. These range from pedestrian-oriented commercial clusters at the intersection of arterial streets, the traditional corner store, and mixed-use corridors. The regulations are intended to control the types of uses allowed and the scale of development to encourage their vitality while maintaining compatibility with nearby residential areas.

CHARACTER OF THE HISTORIC URBAN NEIGHBORHOODS

The character of the non-residential districts of the Historic Urban Neighborhoods is defined by:

» Commercial uses closely integrated into the residential neighborhoods, including the traditional corner store, small commercial clusters and small mixed-use corridors

» Commercial structures compatible in scale and design with the majority of buildings in nearby residential areas

» A pedestrian-oriented environment, with limited or no accommodation for on-site parking, where residents often walk to their destination

» Commercial uses generally oriented to serve the needs of nearby residents and the neighborhood

12.1 Purpose Statements   

12.1.A Purpose of the HU-B1A Neighborhood Business District   

The HU-B1A Neighborhood Business District is intended to address an individual parcel or small cluster of parcels in non-residential use that exist within residential areas that have historically served the neighborhood and are located on a corner, including established corner stores. These historic neighborhood business uses are consistent with the character of the surrounding neighborhood and are intended to serve the immediate area with minimal impact on the surrounding residential uses. This district also allows higher residential densities when a project is providing significant public benefits such as long-term affordable housing.

Adopted by Ord. No. 28,911, §4, January 6, 2022, Zoning Docket 84/21

12.1.B Purpose of the HU-B1 Neighborhood Business District   

The HU-B1 Neighborhood Business District is intended for commercial areas that predominantly serve the needs of the nearby residential neighborhoods. The general character of this type of development should be sensitive to and compatible with its residential surroundings. In addition to commercial uses, this district provides for single-family dwellings, two-family dwellings and can accommodate small-scale multi-family dwellings. This district also allows higher residential densities when a project is providing significant public benefits such as long-term affordable housing.

Adopted by Ord. No. 28,911, §4, January 6, 2022, Zoning Docket 84/21

12.1.C Purpose of the HU-MU Neighborhood Mixed-Use District   

The HU-MU Neighborhood Mixed-Use District is intended for areas of mixed-use development that are close to residential neighborhoods. The district regulations are designed to encourage mixed-use areas that are compatible with adjacent or nearby land uses and pedestrian-oriented in character. In the HU-MU District, active retail and personal service uses along the ground floor with residential uses above are encouraged. A variety of residential dwellings are also allowed. This district also allows higher residential densities when a project is providing significant public benefits such as long-term affordable housing.

Adopted by Ord. No. 28,911, §4, January 6, 2022, Zoning Docket 84/21

12.1.D Purpose of the Historic Urban Neighborhoods Non-Residential Mandatory Inclusionary Zoning Sub-Districts   

The Historic Urban Neighborhoods Non-Residential Mandatory Inclusionary Zoning Sub-Districts are intended to include mandatory affordable housing requirements, in accordance with Article 28, in districts that allow the development of ten or more dwelling units.

12.2 Uses   

12.2.A Permitted and Conditional Uses   

Only those uses of land listed under Table 12-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Historic Urban Neighborhood Districts. A “P” indicates that a use is permitted within that zoning district. A “C” indicates that a use is a conditional use in that zoning district and would require a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.

TABLE 12-1 FOOTNOTES

¹ The terms in this column (“Use”) are defined in Article 26.

² Subject to the use restrictions in Section 12.2.B.2.

³ Subject to the use restrictions in Section 12.2.B.3.

⁴ Subject to the use restrictions in Section 12.2.B.4.

⁵ Electrical Utility Substations and Transmission Lines shall be subject to design review as per Article 4, Section 4.5.B.5 and Table 4.2

⁶ Only wireless telecommunications antennas that comply with the stealth design standards of Section 20.3.JJJ are considered permitted uses.

⁷ Subject to the use restrictions in Section 12.2.B.5.

⁸ Established Multi-Family Dwellings that comply with Section 20.3.W.1 are permitted uses while those that comply with Section 20.3.W.2 are conditional uses.

⁹ Established Multi-Family Dwellings with a documented legal history are permitted uses in this district at any number previously provided.

¹⁰As authorized in Article 22, Section 22.8.B.2.a

Adopted by Jan. 20, 2017, Ord. 27,262 MCS, §1, Zoning Docket 114-16; Ord. No. 27,209, §1, Dec. 7, 2016, Zoning Docket 61/16; Ord. No. 27,375, §3, April 28, 2017, Zoning Docket 118/16; Ord. No. 27,338, §3, March 31, 2017, Zoning Docket 121/16; Ord. No. 27,726, §1, April 11, 2018, Zoning Docket 4/18; Ord. No. 27,707, §1, April 2, 2018, Zoning Docket 001/18; Technical Correction #1, 12-17-18; Ord. 28176, Sept. 5, 2019, ZD 58/19; Ord. No. 28,156 MCS, §6, August 8, 2019, Zoning Docket 026/19 & 027/19; Ord. 28349 MCS, 5-7-20, ZD 122/19; Ord. 28432 MCS, 8-6-20, ZD 38/20; Ord. 28622, 3-11-21, ZD 83/20; Ord. 28714 MCS, 7-1-21, ZD 24/24; Ord. 28696, 6-3-21, ZD 16/21; Ord 28905 MCS, 1-6-22, ZD 83/21; Ord. No. 28,911, §4, January 6, 2022, Zoning Docket 84/21; Ord 29004 MCS 4-21-22, ZD 001/22; Ord 29126, 8-12-22, ZD016/22; Ord 29157 9-15-22, ZD 030/22; Ordinance No. 29382, March 23, 2023, Zoning Docket 02/23; Ord. 29528, 7-24-23, Zoning Docket 13/23; Ordinance No. 29702, November 7, 2023, Zoning Docket 063/23; Ordinance No. 29946, 6-13-24, Zoning Docket 002/24

12.2.B Use Restrictions   

12.2.B.1 Commercial Use Floor Area Limitation   

1.   Commercial Use Floor Area Limitation

In the Historic Urban Neighborhood Districts, the floor area of commercial uses is limited as follows:

a.   Commercial uses are permitted uses up to five thousand (5,000) square feet of total floor area, unless conditional use approval is required per Table 12-1.

b.   Conditional use approval required for any commercial use of five thousand (5,000) square feet of floor area or more with the exception of grocery stores.  Grocery stores are permitted by-right up to 10,000 square feet in area.

c.   Any commercial use over ten thousand (10,000) square feet of total floor area is prohibited. This applies only to new construction as of the effective date of this Ordinance. Grocery stores are exempt from this prohibition.  Grocery Stores over 10,000 square feet in area require conditional use approval.  Commercial uses that locate within an existing structure as of the effective date of this Ordinance that are over ten thousand (10,000) square feet of total floor area require conditional use approval.

Adopted by Ord 28805 MCS, 10-21-21, ZD 48/21

12.2.B.2 Group Home and Permanent Supportive Housing Restriction in HU-B1A and HU-B1 Districts   

In the HU-B1A and HU-B1 Districts, Large Group Homes and Supportive Housing uses are only permitted when located above the ground floor.

12.2.B.3 Drive-Through Facilities in the HU-MU District   

1. New Drive–Through facilities in the HU-MU District are only allowed as conditional uses where they are proposed to be constructed in combination with a retail goods establishment in order to provide or dispense medical or pharmaceutical products.
2. Previously constructed Drive-Through facilities may seek conditional use approval to operate, modify, expand, or reconstruct, in accordance with the standards set forth in Article 20, Section 20.3.V.

Adopted by Ord. 29850 MCS, 03-21-24, ZD 086/23;

12.2.B.4 Floor Area minimum for Retail Sales of Packaged Alcoholic Beverages in the HU-B1 District   

Retail sales of alcoholic beverages in the HU-B1 Districts must be within a business with a minimum of 5,000 square feet of floor area.

12.2.B.5 Breweries in the HU-MU District   

Only breweries and distilleries that produce fewer than 12,500 barrels per year are considered permitted uses in the HU-MU District.

Adopted by Ord. 28696 MCS, 6-3-21, ZD 16/21

12.3 Site Design Standards   

12.3.A Bulk and Yard Regulations   

12.3.A.1 General Regulations   

Table 12-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Historic Urban Neighborhood Districts. (Highlighted letters in Table 12-2 indicate where those bulk and yard regulations are illustrated on the accompanying site diagram.)

TABLE 12-2 FOOTNOTES

¹ Total floor area limits per commercial use.

² If a property abuts more than one zoning district, the more restrictive yard requirement applies.

Table 12-3: The Mandatory Inclusionary Zoning Sub-District (MIZ) regulations establish mandatory inclusionary unit thresholds, set aside requirements, and Area Medium Income (AMI) levels and is required for any development that contains residential development of 10 or more dwelling units, including rental and homeownership dwelling units. Affordable Housing Units shall be in accordance with the standards outlined in the table below. All other bulk and yard regulations for the sub-districts are subject to the corresponding non-inclusionary zoning base district regulations.

Table 12-3: Historic Urban Non-Residential Inclusionary Zoning Sub-District Regulations1
Zoning Sub-District	Minimum Lot Area Requirement	Affordable Housing Unit Threshold	Set Aside Requirement %	Area Medium Income (AMI) Rental Units (%)	Area Medium Income AMI Homeownership (%)
HU-B1A-IZ	1,000 sf/du	10	5	60	60
HU-B1-IZ	1,000 sf/du	10	5	60	60
HU-MU-IZ	1,000 sf/du Dwelling Above Ground Floor: 800 sf/du	10	5	60	60

TABLE 12-3 FOOTNOTE

¹The terms for the Mandatory Inclusionary Zoning Sub-Districts in this section are outlined in Article 28.

Adopted by Ord. 27,722 MCS, §5, April 11, 2018, Zoning Docket 113-17; Ord 28036, §1, March 28, 2019, ZD 112/18; Ord 28800 MCS, 10-21-21, ZD 56/21; Ord. No. 28,911, §4, January 6, 2022, Zoning Docket 84/21; Ord. 29126, 8-12-22, ZD016/22

12.3.B Building Design Standards   

1.   The following standards shall apply to all sites, except single and two-family residential dwellings:

a.   All buildings shall provide a clearly identifiable entry from the public sidewalk at the front (primary street) elevation.

b.   Structures on a corner lot shall be built to the corner.

c.   Where reuse of an existing gas station is proposed, parking is permitted in the front of the structure, subject to the landscape standards of Article 23.7 provided that a designated pedestrian access way between the sidewalk and main entrance is provided.  This access way shall be separated from parking areas by a landscaped area no less than five (5) feet wide.

d.   The ground floor of newly constructed commercial buildings shall contain a minimum transparency of fifty percent (50%) on the primary street and windows shall be constructed of transparent glass. Opaque, highly tinted, or reflective glass is prohibited. Transparency into the building shall be maintained. Any window signs shall consist of individual letters and numerals without the use of any background.

e.    For new construction, ADA accessible ramps and lifts shall compliment the building and be visually unobtrusive, preferably through internalized ramps or sloped walkways.

f.   The first floor of commercial buildings shall be designed with a minimum ceiling height of twelve (12) feet.

g.   Security bars, if installed, shall be on the inside of windows. Roll-up or accordion security grilles are permitted on the ground floor when constructed of a see-through, non-solid material. The Casing shall be painted to match the building and shall not damage or obscure architectural detailing.

h.    The following restrictions apply to building materials:

i.    The following materials are prohibited as the predominant surface finish material on exterior elevations visible from the public right-of-way. However, such materials may be used as part of decorative or detail elements, or as part of the exterior construction, such as a foundation course, that is not used as a predominant surface finish material.

(1)        Exterior insulating finish systems (EIFS, “Dryvit”)

(2)        Stuccato Board

(3)        Vinyl

i.    The siting and design requirements for buildings in the HU-MU District are illustrated in Figure 12-2: HU-MU District Illustrative and Site Diagram.

2.   The following standards shall apply to all sites that meet the applicability thresholds of Section 4.5 Development Plan and Design Review:

a.   Windows and doors shall have raised elements to create shadow and articulation. In addition, three-dimensional elements, such as balconies and bay windows, shall be incorporated to provide dimensional elements on a façade. Windows shall be set back into or projected out from the façade to provide façade depth and shadow and a consistent style.

b.   Facades shall be designed to be viewed from multiple directions with consistent materials and treatments that wraps around all facades. There shall be a unifying architectural theme for an entire multi-family or townhouse development, utilizing a common vocabulary of architectural forms, elements, materials, and colors around the entire structure.

FIGURE 12-1: PARKING LOT LOCATION

 

FIGURE 12-2: HU-MU DISTRICT ILLUSTRATIVE AND SITE DIAGRAM

FIGURE 12-2: HU-MU DISTRICT ILLUSTRATIVE AND SITE DIAGRAM

 

Adopted by Ord. 29126, 8-12-22, ZD016/22

12.3.B.3 Townhouse and Multi-Family Dwelling Design Standards   

See Section 11.3.B for building design standards for townhouse and multi-family dwellings in the Historic Urban Neighborhood Non-Residential Districts.

12.4 General Standards of Applicability   

All Historic Urban Neighborhoods Districts are subject to the following standards:

12.4.A Accessory Structures and Uses   

See Section 21.6 for standards governing accessory structures and uses. 

12.4.B Temporary Uses   

See Section 21.8 for standards governing temporary uses.

12.4.C Site Development Standards   

See Article 21 for additional site development standards such as exterior lighting, environmental performance standards, and permitted encroachments. 

12.4.D Off-Street Parking and Loading   

See Article 22 for standards governing off-street parking and loading.

12.4.E Landscape, Stormwater Management, and Screening   

See Article 23 for standards governing landscape, stormwater management, and screening.

12.4.F Signs   

See Article 24 for standards governing signs.

12.4.G Overlay Districts   

See Article 18 for additional overlay district regulations, when applicable.

12.4.H Nonconformities   

See Article 25 for regulations governing nonconformities.

12.5 Density Bonus for Rental Properties In The Historic Urban Neighborhood Non-Residential District - HU-B1A, HU-B1, and HU-MU   

Rental properties not included in the Mandatory Inclusionary Zoning sub-districts or mapped for inclusion within the Mandatory Inclusionary Zoning sub-districts, may avail themselves to the provisions provided herein.

In order to incentivize the construction of multi-family rental housing with the inclusion of affordable housing units in the Historic Urban Neighborhoods Non-Residential HU-B1A Neighborhood Business, HU-B1 Neighborhood Business, and HU-MU Neighborhood Mixed-Use Districts, density bonus and parking reductions shall be granted in exchange for the voluntary provision of affordable rental dwelling units. Developments containing ten (10) or more dwelling units that set aside at least five percent (5%) of units at a sixty percent (60%) Area Median Income level may be awarded a maximum of thirty percent (30%) reduction in the minimum lot area per dwelling unit requirements. Multi-family developments providing affordable housing units subject to the off-street parking requirements of Article 22, shall be granted a minimum of ten percent (10%) and up to a maximum of thirty percent (30%) reduction of the required parking.

Developments opting to participate in the voluntary IZ program shall be developed in accordance with Article 28, Section 28.3-Affordable Housing Development Use Standards and Guidelines and shall be subject to the regulatory and monitoring requirements outlined in Article 28, Section 28.8.

1.         All applications requesting a development bonus for providing affordable housing shall include an Affordable Housing Impact Statement (AHIS) with the application.  The AHIS shall provide the following information:

a.         The number of units added at the Area Medium Income Levels (AMI) at or below 80%, 50%, and 30%.

b.         The number of units removed at the Area Medium Income Levels at or below 80%, 50%, and 30%.

c.         The bedroom mix of the unit to be added or removed (1, 2, 3, 4, etc. bedrooms).

d.         The total number of units added and total number of units removed.

Adopted by Sept. 9, 2015, Zoning Docket 054-15, Ord. 26,570 MCS; Ord. 27,377 MCS, §5, April 28, 2017, Zoning Docket 007-17; Ord. 28739 MCS, 7-15-21, ZD 35/19; Ord. 29566, 8-1-23, Zoning Docket 014-23

12.6 Density Bonus For For-Sale Properties in the Historic Urban Neighborhood Non-Residential Districts   

Residential properties with an affordable for-sale component may avail themselves to the provisions provided herein.

In order to incentivize the construction of for-sale housing with the inclusion of affordable dwelling units, in the Historic Urban Neighborhoods Non-Residential Districts, density bonus and parking reductions shall be granted in exchange for the voluntary provision of affordable for-sale dwelling units. Developments containing fewer than ten (10) for-sale dwelling units that set aside at least one (1) unit OR developments containing ten (10) or more for-sale dwelling units that set-aside at least ten percent (10%) of units at 120% Area Medium Income (AMI) or less shall be awarded a maximum of thirty percent (30%) reduction in the minimum lot area per dwelling unit requirements, a thirty percent (30%) reduction in required minimum lot width requirements and a thirty percent (30%) increase in the floor area ratio (FAR). Developments that meet these requirements and are subject to the off-street parking requirements of Article 22 shall be granted a fifty percent (50%) reduction of the required parking.

Developments opting to participate in the for-sale voluntary IZ program shall be developed in accordance with Article 28.

Adopted by Ord. 29566, 8-1-23, Zoning Docket 014-23

Article 13 Suburban Neighborhoods Residential Districts

 

13.1 Purpose Statements   

13.1.A Purpose of the S-RS Single-Family Residential District   

The S-RS Single-Family Residential District is intended for single-family residential neighborhoods developed after World War II where a more uniform lotting pattern is evident with larger, generally uniform setbacks. Limited non-residential uses such as places of worship that are compatible with surrounding residential neighborhoods may be allowed. 

13.1.B Purpose of the S-RD Two-Family Residential District   

The S-RD Two-Family Residential District is intended for use in newer areas of the City to facilitate the creation and maintenance of a more compact development type, where there may be a mix of housing types, including two-family and townhouse dwellings. This district also allows higher residential densities when a project is providing significant public benefits such a long-term affordable housing. Limited non-residential uses such as places of worship that are compatible with surrounding residential neighborhoods may be allowed.

Adopted by Ord. No. 28,911, §5, January 6, 2022, Zoning Docket 084/21

13.1.C Purpose of the S-RM1 Multi-Family Residential District   

The S-RM1 Multi-Family Residential District is intended to maintain a residential environment that permits a variety of dwelling types. Population density is maintained in the medium range, and multi-family buildings up to four stories are permitted. Limited non-residential uses such as places of worship that are compatible with surrounding residential neighborhoods may be allowed.

13.1.D Purpose of the S-RM2 Multi-Family Residential District   

The S-RM2 Multi-Family Residential District is intended to maintain a residential environment that permits a variety of dwelling types. Population density is maintained in the medium range, and multi-family buildings up to four stories are permitted. The district is intended for suburban multi-family areas. Limited non-residential uses such as places of worship that are compatible with surrounding residential neighborhoods may be allowed.

13.1.E Purpose of the S-LRS1 Lakeview Single-Family Residential District   

The S-LRS1 Lakeview Single-Family Residential District is intended to provide for and encourage low density single-family residential development of a relatively spacious character, together with places of worship, recreational facilities, and accessory uses as may be necessary or typical for residential surroundings, in such a manner as to preserve the distinctive character of the Lakeview area. The district also is intended to provide for the maintenance of existing residential densities as well as opportunities for compatible residential growth.

13.1.F Purpose of the S-LRS2 Lake Vista and Lake Shore Single-Family Residential District   

The S-LRS2 Lake Vista and Lake Shore Single-Family Residential District is intended to provide for and encourage low-density single-family residential development of a relatively spacious character consistent with the unique development pattern of the Lake Vista and Lake Shore areas together with places of worship, recreational facilities, and accessory uses as may be necessary or typical for residential surroundings. 

13.1.G Purpose of the S-LRS3 Lakewood and Country Club Gardens Single-Family Residential District   

The S-LRS3 Lakewood and Country Club Gardens Single-Family Residential District is intended to provide for and encourage low-density single-family residential development of a relatively spacious character in the Lakewood area, together with places of worship, recreational facilities, and accessory uses as may be necessary or typical for residential surroundings. This district is also intended to protect existing development of this character. Greater lot widths are required in the S-LRS3 District than in the S-LRS1 Lakeview Single-Family Residential District. 

13.1.H Purpose of the S-LRD1 Lake Vista Two-Family Residential District   

The S-LRD1 Lake Vista Two-Family Residential District is intended to provide for two-family development consistent with the historic character of development in the Lake Vista area, together with places of worship, recreational facilities, and accessory uses as may be necessary or typical for residential surroundings. This district also allows higher residential densities when a project is providing significant public benefits such as long-term affordable housing.

Adopted by Ord. No. 28,911, §5, January 6, 2022, Zoning Docket 084/21

13.1.I Purpose of the S-LRD2 Lakewood/Parkview Two-Family Residential District   

The S-LRD2 Lakewood/Parkview Two-Family Residential District is intended to provide for two-family development on smaller lots of record in more densely populated sections of the Lake Area, together with places of worship, recreational facilities, and accessory uses as may be necessary or typical for residential surroundings. This district also allows higher residential densities when a project is providing significant public benefits such as long-term affordable housing.

Adopted by Ord. No. 28,911, §5, January 6, 2022, Zoning Docket 084/21

13.1.J Purpose of the S-LRM1 Lake Area Low-Rise Multi-Family Residential District   

The S-LRM1 Lake Area Low-Rise Multi-Family Residential District is intended to provide for low-rise, medium density multi-family residential development in the Lake Area in proximity to single-family and two-family residential development.

13.1.K Purpose of the S-LRM2 Lake Area High-Rise Multi-Family Residential District   

The S-LRM2 Lake Area High-Rise Multi-Family Residential District is intended to provide for medium to high-rise, high density multi-family residential development in proximity to single-family and two-family residential development, neighborhood business, general commercial, or marina areas.

13.2 Uses   

Only those uses of land listed under Table 13-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Suburban Neighborhood Districts. A “P” indicates that a use is permitted within that zoning district. A “C” indicates that a use is a conditional use in that zoning district and would require a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.

 

Adopted by Ord. No. 27,209, §1, Dec. 7, 2016, Zoning Docket 61/16; Ord. No. 27,375, §4, April 28, 2017, Zoning Docket 118/16; Ord. No. 27,707, §1, April 2, 2018, Zoning Docket 001/18; Ord. 28036 MCS, §1, March 28, 2019, ZD 112/18; Ord. 28176, Sept. 5, 2019, ZD 59/19; Ord. No. 28,156 MCS, §7, August 8, 2019, Zoning Docket 026/19 & 027/19; Ord.28328 MCS, 4-15-20, ZD 115/19; Ord. 28432 MCS, 8-6-20, ZD 38/20; Ord. 28622, 3-11-21, ZD 83/20; Ord. 28739 MCS, ZD 35/21; Ord. 28783 MCS, 9-23-21, ZD 45/21; Ord 28905 MCS, 1-6-22, ZD 83/21; Ord. No. 28,911, §5, January 6, 2022, Zoning Docket 084/21; Ord. 29126, 8-12-22, ZD016/22; Ordinance No. 29382, March 23, 2023, Zoning Docket 02/23; Ordinance No. 29702, November 7, 2023, Zoning Docket 063/23; Ord. No 29744, 12-8-23, Zoning Docket 055/23; Ordinance No. 29946, 6-13-24. Zoning Docket