New Orleans Comprehensive Zoning Ordinance

Printed: 7/21/2024 9:05:15 AM

22.2 General Provisions and Applicability

The provisions of this Article are applied as follows:

22.2.A Existing Facilities   

The existing number of off-street vehicle, bicycle, and loading spaces shall not be reduced below the minimum requirements of this Article. If the number of existing spaces is already less than the requirements of this Article, it may not be further reduced unless a variance is approved by the Board of Zoning Adjustments. 

22.2.B Damage or Destruction   

In the event that a structure is damaged to the extent of less than fifty percent (50%) of its replacement value, the off-street vehicle, bicycle, and loading spaces may be restored in the same amount prior to the damage. However, it is not necessary to restore or maintain spaces in excess of the amount required by this Ordinance.

22.2.C Increase in Intensity of Use   

Whenever the intensity of a use is increased, such as an increase in the number of dwelling units, floor area, seating capacity or other unit of measurement used to calculate the number of required number of vehicle and bicycle parking spaces, additional spaces shall be provided for that increase, except as described below:

1.  No additional vehicle and bicycle parking spaces are required if the increase would result in an increase of spaces of less than ten percent (10%). The ten percent (10%) threshold is calculated by dividing the number of additional spaces required by the increase in intensity divided by those spaces required before the increase. Whenever there is an increase in the intensity of a use that creates a need for additional vehicle and bicycle parking spaces of ten percent (10%) or more, the additional spaces are required. This also applies to a simultaneous increase in intensity of a group of uses on the same lot which together result in a need for an increase in vehicle and bicycle parking spaces of ten percent (10%) or more.

2.  An increase in the intensity of a use is permitted an off-street vehicle parking exemption in accordance with Section 22.5.

3.  An increase in the intensity of a use is permitted to provide collective parking in accordance with Section 22.15.

4.  An increase in the intensity of a use is permitted to use the fee-in-lieu vehicle parking provision in accordance with Section 22.17.

5.  A variance is obtained for the additional required vehicle and bicycle spaces parking.

22.2.D Provision of Additional Vehicle Spaces   

1.  Nothing in this Article prevents the voluntary establishment of additional off-street vehicle and bicycle parking spaces above that required by this Ordinance, unless the Ordinance specifies a maximum number of vehicle spaces in Section 22.4. There is no limit on the number of bicycle parking spaces that may be provided.

2.  All regulations governing the location and design of additional facilities shall meet the requirements of this Ordinance.

3.  Where a use exceeds the minimum number of vehicle spaces required by Section 22.4, the area used for additional spaces shall be constructed of permeable paving. 

22.2.E Grandfathered Deficiency of Required Vehicle Parking   

1.  In order to encourage the reuse of existing structures, this Ordinance allows for the grandfathered deficiency of vehicle parking spaces of the immediate previous legal use. The Department of Safety and Permits is required to maintain records of all grandfathered vehicle parking. A property owner is required to show documentation from the Department of Safety and Permits of the grandfathered vehicle spaces.

2.  For illustrative purposes, the following example is provided. If the immediate previous legal use required ten (10) vehicle parking spaces but was only able to provide four (4) vehicle spaces, the six (6) vehicle spaces that the use was unable to provide are grandfathered with the site. When a new use is undertaken in the structure that requires twelve (12) vehicle spaces, it will be deficient eight (8) vehicle spaces, as four (4) are already constructed on the site. The six (6) deficient vehicle spaces from the previous use are then applied to this eight (8) vehicle space deficiency, meaning that the new user shall provide two (2) more vehicle parking spaces or apply for a variance if unable to provide the additional vehicle spaces. See calculation below for further illustration of this example:

SAMPLE CALCULATION OF GRANFATHERED PARKING PROVISION

STEP 1

 

IMMEDIATE PREVIOUS USE: Required Parking

10 spaces

Subtract

IMMEDIATE PREVIOUS USE: Actual Parking

4 spaces

 

GRANDFATHERED

6 spaces

 

 

 

STEP 2

 

NEW USE: Required Parking

12 spaces

Subtract

NEW USE: Actual Parking

4 spaces

 

NEW USE: Parking Deficiency

8 spaces

 

 

 

STEP 3

 

NEW USE: Parking Deficiency

8 spaces

Subtract

GRANDFATHERED

6 spaces

 

NEW USE: Additional Required Spaces

2 space

3.  Once a structure has been demolished, the new construction and use on the site shall meet all parking and loading requirements and the grandfathered deficiency provision is no longer applicable. 

22.2.F Prohibition on Use of Parking Spaces   

The sale, repair or dismantling or servicing of any vehicles, equipment, materials or supplies, or the display of goods in off-street parking areas is prohibited, unless otherwise permitted by this Ordinance.