New Orleans Comprehensive Zoning Ordinance
Printed: 9/28/2023 10:32:36 AM
19.3 Temporary Prohibition Process
An interim zoning district or moratorium may be applied to any area of the City, upon appropriate demonstration that a temporary prohibition on zoning or permitting is necessary to protect the public health, safety or welfare in accordance with Section 3-126 of the City Charter.
19.3.B Nature and Effect
19.3.B.1 Amendment of Zoning Map
Establishment of an interim zoning district or moratorium constitutes an amendment of these zoning regulations. The boundaries of interim zoning districts and areas subject to moratoria shall be placed and identified on the Official Zoning Map once the ordinances creating such districts or moratoria become effective.
19.3.B.2 Governing Regulations
Notwithstanding any contrary provisions contained in the zoning district regulations underlying the interim zoning district or moratorium, the use or development of any land, the use of any structure, or the construction, enlargement, or alteration of any structure within the district or area subject to the moratoria shall conform to the regulations set forth in the interim zoning district or moratorium for the period of its duration.
a. An interim zoning district or moratorium is approved for a term of one (1) year. The City Council by ordinance may authorize one extension for an additional one hundred eighty (180) days. In the event that the required review is not completed and a report has not yet been submitted to the City Council during the initial one hundred eighty (180) day extension, the City Council may by ordinance extend the interim zoning district for one additional period up of to one hundred eighty (180) days.
b. After expiration, no interim zoning district, moratorium or similar prohibition of substantially the same legal effect on substantially the same geographic area may be imposed until at least one (1) year after the expiration of a prior moratorium ordinance, interim zoning district, or other temporary prohibition.
c. Following expiration of the interim zoning district regulations or moratorium, including any period of extension, the City Council shall repeal the interim zoning district or moratorium regulations and the City Planning Commission shall remove the boundaries of the district or area subject to the moratorium from the Official Zoning Map.
1. The zoning text amendment creating an interim zoning district or moratorium shall be initiated by the adoption of a motion by the City Council. Except as otherwise provided in this section, an interim zoning district or moratorium for a particular area shall be established on the Official Zoning Map.
2. Prior to the initiation of the City Council motion, the City Councilmember sponsoring the motion shall follow the procedure established in Section 4.2 for zoning map amendments. If the interim zoning district or moratorium is initiated "by request," the sponsoring City Councilmember may designate the requestor to fulfill the Project NPP requirements.
3. The City Council motion initiating the interim zoning district or moratorium shall specify the type of review or study required in order to achieve the objectives of the temporary prohibition. The motion shall also specify the City agency responsible for the review or study. The designated agency shall complete its review and provide its report to the Council within the time limits established for such temporary prohibitions.
4. The motion initiating the interim zoning district or moratorium shall also incorporate regulations addressing the following factors, where applicable:
a. Intent of the interim zoning district or moratorium.
b. Delineation of interim district boundaries or area subject to the moratorium.
c. Uses permitted.
d. Limitations on uses.
e. Land use intensity, yard, lot area, and similar requirements.
f. Special provisions necessary to the accomplishment of the intended intent and purpose of the district (i.e. landscape requirements, site plan review, etc.).
g. Submittal requirements, if any.
h. Appeal procedure
5. Upon adoption of the City Council’s motion authorizing the City Planning Commission to conduct a public hearing to consider an amendment to this Ordinance to create an interim zoning district or moratorium, all appropriate agencies shall refuse to accept any new applications for permits that are in conflict with the intent and provisions of the proposed interim zoning district or moratorium. However, applications determined to be complete and received prior to adoption of such motion, may be reviewed and processed under existing regulations.
Adopted by Ord. 29084 MCS, 7-7-22, ZD 017/22