New Orleans Comprehensive Zoning Ordinance

Printed: 7/21/2024 9:22:52 AM

25.5 Nonconforming Lots

This section regulates residential nonconforming lots that at one time were conforming, but which no longer conform to the lot area, lot width, or lot depth requirements of the zoning district in which they are located. 

25.5.A Residential Districts (Except Historic Core Neighborhoods Residential Districts, Historic Urban Neighborhoods Residential Districts, S-RS, S-RD, S-RM1, S-RM2, S-LRM1, and S-LRM2 Suburban Neighborhoods Residential Districts)   

Adopted by Ord. No. 28,911, §10, January 6, 2022, Zoning Docket 084/21; Ord 29098 MCS, 7-21-22, ZD 28/22

25.5.A.1 Lots of Record Held in Common Ownership   

If two (2) or more lots with contiguous frontage are held in common ownership that have historically been used as a single development site, and one (1) or more of the lots does not meet the requirements for lot width or lot area as established by this Ordinance, the land shall be considered to be a single undivided parcel for the purposes of this Ordinance. No portion of the parcel may be used, transferred, or conveyed that does not meet the lot width and lot area requirements established by this Ordinance. No division of the parcel may be made which leaves the remaining lot(s) with lot width, lot area, or lot depth below the requirements of this Ordinance without the authorization of the Board of Zoning Adjustments. No building permit may be issued for the use of any lot or portion of a lot transferred or conveyed in violation of this section. 

25.5.A.2 Exceptions for Individual Lots   

Notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling may be erected on a single legal nonconforming lot provided that the lot is in separate ownership, or does not abut a lot with similar ownership, and it meets all other zoning district bulk requirements with the exception of lot area, lot width and lot depth.  However, if the site is a corner lot less than 30 feet in width, the development must provide the required interior side yard but the corner side may be reduced to zero.

Adopted by Ord. 29126 MCS, 8-4-22, ZD 16/22

25.5.B Historic Core Neighborhoods Residential Districts, Historic Urban Neighborhoods Residential Districts and Suburban Neighborhoods Residential Districts.   

On nonconforming lots within the Historic Core Neighborhoods Residential Districts, Historic Urban Neighborhoods Residential Districts and Suburban Neighborhoods Residential Districts, but excluding lots within the S-LRS1, S-LRS2, S-LRS3, S-LRD1, and S-LRD2 Lake Area Districts, a single-family or two-family dwelling, or a Small Mutli-Family Affordable Development, may be erected on an existing single legal nonconforming lot, subject to the following standards:

1.  Two-family dwellings and Small Multi-Family Affordable Developments are permitted only where the zoning district permits two-family dwellings.

2.  The development shall comply with the yard requirements of the applicable zoning district.

3.  If separate lots are created for each dwelling unit of a two-family dwelling, each dwelling unit of a two-family dwelling need not be located on a lot complying with the minimum lot area and lot area per dwelling unit requirements for such district provided that:

a.  Each lot shall be a minimum of two-thousand five-hundred (2,500) square feet.

b.  The minimum lot width for each individual dwelling unit of a two-family dwelling shall be twenty-five (25) feet and the minimum lot depth is ninety (90) feet.

c.  A two-family dwelling shall have a party or common wall separating the dwelling units consistent with applicable law.

4.  The legal nonconforming lot shall already be in existence from the date of this amendment.

Adopted by Ord. No. 28,911, §10, January 6, 2022, Zoning Docket 084/21; Ord 29098 MCS, 7-21-22, ZD 28/22; Ord 29956, 6-13-24, ZD 27/24