New Orleans Comprehensive Zoning Ordinance

Printed: 9/28/2023 9:23:44 AM

19.4.A.17 Preserving Residential Character Interim Zoning District

A. Intent of the District

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

B. Boundaries

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

C. Prohibited Uses

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

D. Appeal Procedure

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

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

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

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

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

5. Will the requested appeal increase community environmental impacts?

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

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

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

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