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ARTICLE 1. TITLE, INTENT & PURPOSE

1.1

TITLE

1.2

PURPOSE

1.3

INTENT

1.4

APPLICABILITY

1.5

INTRODUCTION TO OFFICIAL ZONING MAP

1.6

TRANSITION RULES

1.7

SEVERABILITY

1.8

EFFECTIVE DATE

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.

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 the safe use and occupancy of buildings and for the healthful and convenient distribution of population.

I. 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.

J. 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.

1.3

INTENT

The objectives of this Ordinance are accomplished by establishing zoning districts, which regulate the location and use of buildings, signs and other structures, water and land for agriculture, trade, industry and residence, and which regulate, limit or determine the height, bulk, and access to light and air of buildings and structures, the area of yards and other open spaces, the density of use and standards for site organization and layout. Zoning district regulations and the Official Zoning

City of New Orleans Comprehensive Zoning Ordinance

1

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Article 1 Title, Intent & Purpose

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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

A. Territorial Application

This Ordinance applies to all land, uses and structures within the corporate limits of the City of New Orleans and the Parish of Orleans.

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.

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.

D. Required Conformance with Performance Standards

The Executive Director of the City Planning Commission will establish a checklist of required standards that the City Planning Commission will check for compliance in regard to the following:

1. Section 21.2 (Adequate Public Facility Requirements)

2. Section 21.3 (Environmental Performance Standards)

3. Section 21.4 (Use of Land and Structures)

4. Section 23.13 (Stormwater Management Practices)

This does not limit the obligation of the applicant to comply with all other standards of this Ordinance.

E. Subdivisions Required to Conform with Ordinance

All subdivision of land must conform to the provisions of this Ordinance. Where this Ordinance is more restrictive than the subdivision regulations, this Ordinance controls.

F. Ordinance Control Over Less Restrictive Private Agreements

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

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.

1.5 INTRODUCTION TO OFFICIAL ZONING MAP

A. Location of Districts

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The location and boundaries of the zoning districts established by this Ordinance are as set

forth in the Official Zoning Map, as it may be periodically amended. The Official Zoning Map

is incorporated into, and made an integral part of, this Ordinance. It is the intent of this Code

that the entire area of the City, including all land and water areas, be included in the zoning districts established by this Ordinance.

B. Interpretation of District Boundaries

Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of these regulations, the following rules apply:

1. Where zoning district boundary lines coincide with streets, alleys, easements, canal, or navigable or non-navigable stream, the boundary line is the centerline of the streets, alleys, easements, canal, or stream. If the actual location of such street, alley, easement, canal, or stream varies slightly from the location as shown on the district map, then the actual location controls.

2. In cases where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance controls.

3. Where zoning district boundary lines coincide with a recorded property line, the property line is the boundary line of the district.

4. Where the district boundary lines do not coincide with streets lines, alley lines or lot lines, and no dimensions are shown, the City Planning Commission determines the location of such district boundary lines.

C. Regulation of Areas under Water

All areas within the corporate limits of the City that are under water are considered to be within a zoning district and controlled by applicable district regulations, less and except the Mississippi River. District boundaries over water areas are located by noted or scaled

dimensions, by relation to physical features, by coincidence with the corporate limit line, or by

a straight line projection of the centerlines of streets as indicated on the district maps.

Straight line district boundaries over water areas will continue as straight lines until they

intersect with each other or with the corporate limit line.

1.6 TRANSITION RULES

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

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.

B. Existing Permitted Uses

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If a property is used in a manner that was classified as a permitted use before the effective date of this Ordinance or any subsequent amendment to this Ordinance, and that use is classified as a conditional use by this Ordinance as of the effective date of this Ordinance or of any subsequent amendment to this Ordinance, that use is a lawful conditional use. Any subsequent addition, enlargement or expansion of that structure or use is required to conform to the procedural and substantive requirements for a conditional use of this Ordinance.

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 (Nonconformities).

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 (Nonconformities).

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 (Nonconformities).

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.

G. Previously Granted Conditional Uses and Variances

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. 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. 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.

H. Pending Applications

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If an application has not been determined to be complete by the Executive Director of the City Planning Commission on the effective date of the Ordinance, the provisions of this Ordinance govern that application.

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 Ordinance is ninety (90) days from the date of adoption of this

Ordinance, adopted

(date)

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ARTICLE 2. ORDINANCE ADMINISTRATION

2.1

PURPOSE

2.2

CONFLICT

2.3

CITY COUNCIL

2.4

CITY PLANNING COMMISSION

2.5

BOARD OF ZONING ADJUSTMENTS

2.6

EXECUTIVE DIRECTOR OF THE CITY PLANNING COMMISSION

2.7

DIRECTOR OF THE DEPARTMENT OF SAFETY AND PERMITS

2.8

VIEUX CARRE COMMISSION

2.9

HISTORIC DISTRICT LANDMARKS COMMISSION

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 (Development Applications and Approvals), the provisions of Article 4 control.

2.3

CITY COUNCIL

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

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 site plan review applications when required as a condition of development approval (Section 4.4).

E. To make final decisions on planned development applications (Article 5).

2.4

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 site plan review applications when required as a condition of development approval (Section 4.4).

D. To make recommendations on minor map adjustments to the Official Zoning Map and the Future Land Use Map of the Master Plan (Section 4.6).

E. To make recommendations on planned development applications (Article 5).

2.5 BOARD OF ZONING ADJUSTMENTS

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The Board of Zoning Adjustments has the following powers, pursuant to this Ordinance:

A. To make final decisions on applications for zoning variance applications (Section 4.5).

B. To make final decisions on minor map adjustments to the Official Zoning Map (Section 4.6).

C. To make final decisions on appeals of administrative decisions by the Director of the Department of Safety and Permits (Section 4.7).

2.6 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 site plan review applications when required as a condition of development approval (Section 4.4).

B. To make final decisions on administrative exceptions (Section 4.5).

C. To make final decisions on minor map adjustments to the Future Land Use Map of the Master Plan (Section 4.6).

D. To make final decisions on requests for interpretations of Master Plan conformance (Section

4.9).

2.7 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 interpretations (Section 4.9).

B. To make final decisions on applications for sign permits (Section 4.10).

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

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

2.8 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.

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2.9 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 must refer to and comply with the Historic District Landmarks Commission procedures in the City Code.

B. The Historic District Landmarks Commission makes final decisions on requests for classic sign designation (Section 24.17).

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ARTICLE 3. ADMINISTRATIVE PROCEDURES

3.1

PURPOSE

3.2

APPLICATION

3.3

NOTICE

3.4

PUBLIC HEARING

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

A. Filing of Applications

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

TABLE 3-1: FILING OF APPLICATIONS

APPLICATION

OFFICIAL (OR DESIGNEE)

Zoning text and map amendments

Executive Director of the City Planning Commission

Conditional use

Executive Director of the City Planning Commission

Planned development

Executive Director of the City Planning Commission

Site plan review

Executive Director of the City Planning Commission

Variances

Executive Director of the City Planning Commission

Zoning appeals

Executive Director of the City Planning Commission

Interpretation of Master Plan conformance

Executive Director of the City Planning Commission

Sign permit

Director of the Department of Safety and Permits

Zoning certificate

Director of the Department of Safety and Permits

Zoning interpretation

Director of the Department of Safety and Permits

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

B. Completeness Review

1. The official charged with receiving applications in Table 3-1 must review the application to ensure that all required submittals are included in the application and determine whether the application is complete. The appropriate official must 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.

3. An application is deemed complete if the official fails to reject it and notify the applicant of the deficiencies within ten (10) days; however, it may not be complete for the purposes of docketing. The appropriate board, commission or official may also require the applicant to supplement the application with additional information.

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4. A new determination of completeness is required if the applicant materially changes the application from the prior submittal and such change has not been requested by the board, commission or official.

C. Required Fees

Every application must 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 are exempt from fees.

D. Withdrawal of Application

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

1. Applications for zoning text and map amendments, conditional uses and planned developments may be withdrawn prior to recommendation by the City Planning Commission without prejudice. 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 administrative exceptions listed within Section 4.5 (Variances) may be withdrawn prior to a decision by the Executive Director of the City Planning Commission without prejudice and may thereafter be resubmitted without limit.

4. 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 must still be filed within thirty (30) days of the date the decision being appealed was rendered.

E. Successive Applications 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 must 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 must include

a detailed statement of the grounds justifying its consideration.

3. no new grounds exist for consideration of the subsequent application, the official may deny the request without hearing.

If

4. The limitations of this section do not apply in the following instances:

a. When the City initiates the application.

b. When the Board of Zoning Adjustments has denied the application without prejudice.

3.3

NOTICE

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[NOTE: Once a Neighborhood Participation Program is adopted, as described in the Master Plan and Charter Amendment, the appropriate revisions and additions will be made to the notice requirements of this Article.]

A. Published Notice

1. For all applications that require a public hearing, a notice must 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 must set forth the date, time, place and purpose of the public hearing, the name of the applicant, and identification of the subject property.

2. For administrative exceptions approved by the Executive Director of the City Planning Commission, a notice must be published once in the official journal of the City of New Orleans, as defined in the City Code, with publication of notice at least twenty (20) days before the date of decision. The notice must set forth the date of decision, the name of the applicant, and identification of the subject property.

B. Mailed Notice

1. Mailed Notice for Public Hearings

a. Mailed notice is required for all public hearings, excluding those for zoning text amendments.

b. The body conducting the hearing must send notice by regular mail at least fifteen (15) days before the public hearing to:

i. The applicant and, if applicable, authorized agent of record.

ii. 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.

iii. 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 from the property lines of the subject property. The applicant must provide the list of these owners of record to the City.

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

2. Mailed Notice for Administrative Exceptions

a. For administrative exceptions approved by the Executive Director of the City Planning Commission, the Director must send notice by regular mail at least fifteen (15) days before the date set by the Director to render a decision.

b. Mailed notice must be sent to the owner of record, the owners of record of all properties that abut the subject property, and the owners of record of the properties located directly across the street and directly across the alley. The owners of record are determined from the records of the Orleans Parish Assessor’s Office.

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c. For all administrative exceptions, the notice must set forth the name of the applicant, the address of the subject property, the exception applied for, and the date set by the Executive Director of the City Planning Commission to render a decision.

C. Posted Notice

For all public hearings, excluding those for zoning text amendments, and for administrative exceptions approved by the Executive Director of the City Planning Commission, the applicant is required to post notice as described in this section. Additional notice may be posted by the Department of Safety and Permits.

1. Posted Notice by Applicant

a. A notification sign must be placed on the property under consideration by the applicant at least fifteen (15) consecutive days prior to the public hearing. For administrative exceptions approved by the Executive Director of the City Planning Commission, a notification sign must be placed on the property under consideration at least fifteen (15) consecutive days prior to the date set by the Director to render a decision.

b. Such notification sign posted by the applicant must meet the following requirements:

i. The sign must have a white background and contain the word “NOTICE” in capital letters at least six (6) inches high. The remaining lettering must be a minimum of three (3) inches high in capital letters. The notification sign must be no less than eleven (11) inches by seventeen (17) inches in size.

ii. The applicant must post the ground-mounted sign at a prominent location on the property, near the sidewalk or public right-of-way so that it is visible to passing pedestrians and motorists. For properties with more than one (1) street frontage, the applicant is required to post one (1) sign visible from each street frontage. Window-mounted notice must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists. Signs located outdoors must be reasonably weatherproofed.

iii. The sign must contain the type of application, the day, date, time and place of the public hearing or date of the Executive Director of the City Planning Commission’s decision, and the address of the subject property.

2. Posted Notice by the Department of Safety and Permits

If deemed necessary by the City Planning Commission or the Director of the Department of Safety and Permits, an additional notification sign may be installed by the Department of Safety and Permits and removed by the Department when the matter has been concluded.

a. A notification sign may be placed on the property under consideration at least fifteen (15) consecutive days prior to the public hearing. For administrative exceptions approved by the Executive Director of the City Planning Commission, a notification sign may be placed on the property under consideration at least fifteen (15) consecutive days prior to the date set by the Director to render a decision.

b. The notification sign posted by the Department of Safety and Permits must meet the following requirements:

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i. The notification sign must be no less than eleven (11) inches by seventeen (17) inches in size, mounted on legs or feet or prominently attached to the individual property and at the two (2) corner intersections of the blockface involved, or by any other means, method or placement deemed appropriate by the City Planning Commission staff or the Department of Safety and Permits to effect the intended public notice. Signs located outdoors must be reasonably weatherproofed.

ii. The sign must contain the type of application, the day, date, time and place of the public hearing or date of the Executive Director of the City Planning Commission’s decision, and the address of the subject property.

[NOTE: We anticipate that a electronic notice provision (email, website) would be added to the CZO. This would be a “courtesy notice” in that it is considered discretionary. Any defect in or failure to strictly adhere to the electronic notice would not be a basis for declaring any zoning matter invalid. Understanding that the City Council is currently looking at this matter, we await further Council direction in how to draft this requirement.]

D. Validity of Defective Notice

1. No application will be declared invalid in the following instances:

a. If the published notice gives reasonable notification of its purpose, subject matter, substance or intent.

b. If proof of the installation of a posted notice by the Department of Safety and Permits is presented. Routine work orders or other such documents of the Department will be prima facie evidence of the installation.

c. If the mailing of notice to adjoining property owners was properly accomplished.

2. Any additional notice by the City is considered discretionary. Any defect in or failure to strictly adhere to the discretionary forms of notification does not form a basis for declaring any zoning matter invalid.

3.4 PUBLIC HEARING

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 (Notice) above. The public hearing will be conducted in accordance with the rules and regulations of the body conducting the hearing.

B. Continuances

The Chair, with approval of the body conducting the hearing, may continue the public hearing. No new 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.

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ARTICLE 4. APPLICATIONS & APPROVALS

4.1 PURPOSE

4.2 ZONING TEXT AND MAP AMENDMENTS

4.3 CONDITIONAL USES

4.4 SITE PLAN REVIEW

4.5 VARIANCES

4.6 MINOR MAP ADJUSTMENTS

4.7 ZONING APPEALS

4.8 ZONING VERIFICATION

4.9 INTERPRETATION

4.10 SIGN PERMIT

4.11 ENFORCEMENT

[NOTE: Once a Neighborhood Participation Program is adopted, as described in the Master Plan and Charter Amendment, the appropriate revisions and additions will be made to the requirements of this Article.]

4.1 PURPOSE

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

4.2 ZONING TEXT AND MAP AMENDMENTS

A. Purpose

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

B. Initiation

Zoning 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 other person expressly authorized in writing by an owner may file an application for a text amendment.

3. A property owner in the City or other 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. Such application must 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 zoning amendment is requested. Where property is jointly owned, all co-owners of the property, or their authorized agents, must sign the application for the property to be included in the fifty percent (50%) area requirements.

C. Authority

The City Council must take formal action on requests for zoning text or map amendments after receiving a recommendation from the City Planning Commission.

D.

Procedure

1. Submittal of Application

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

b. Amendments initiated by the City Council require a complete application, but are exempt from fees.

2. Action by City Planning Commission

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

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

c. The City Planning Commission must recommend approval, modified approval or denial in sixty (60) days from the opening of the public hearing. 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. The City Planning Commission’s written recommendations, together with the staff report and recommendation, if any, must be filed with the Clerk of the City Council.

3. Action by City Council

a. The City Council must hold a public hearing, in accordance with Section 3.4 (Public Hearing), and take action by motion of approval, modified approval or denial in 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 in 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 in 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 must forward the motion to the City Law Department for preparation of an ordinance. Once the ordinance is introduced by the City Council, the ordinance must layover a minimum of twenty-one (21) days before the Council may adopt. The City Council must adopt the final ordinance ratifying their decision within ninety (90) days of the date that it took action by motion.

E. Approval Standards

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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 must consider the standards in Table 4-1: Standards for Zoning Amendments below.

 

TABLE 4-1: STANDARDS FOR ZONING AMENDMENTS

 

MAP

TEXT

 

STANDARDS

AMENDMENTS

AMENDMENTS

1. The proposed amendment is compatible with the Master Plan and Future Land Use Map.

X

X

2. The proposed amendment is compatible with the place designations of this Ordinance.

X

X

3.The proposed amendment is compatible with existing use and zoning of nearby property.

X

 

4. The proposed amendment promotes the public health, safety and welfare of the City.

X

X

5. The proposed amendment is a more suitable zoning classification for the property than the current

   

classification, and allows for feasibility of developing the property in question for one (1) or more of the uses permitted under the existing zoning classification.

X

6.

Based upon the length of time that the property in question has been vacant, the proposed

   

amendment is a more suitable zoning classification for the property than the current classification considered in the context of development in the area where the property is located.

X

7. The proposed amendment is compatible with the intent and general regulations of this Ordinance.

 

X

8. The proposed amendment corrects an error or omission, adds clarification to existing

X

X

requirements, or reflects a change in policy.

9.

The proposed amendment benefits the citizens of the City as a whole.

X

X

10.

The proposed amendment provides a more workable way to achieve the intent and purposes of

X

X

this Ordinance and the Master Plan.

11. The proposed amendment does not create a significant number of nonconformities.

X

X

12. The proposed amendment is compatible with the trend of development, if any, in the general

X

 

area of the property in question.

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 following City Council action.

4.3 CONDITIONAL USES

A. Purpose

Within each zoning district the use of land and structures are substantially uniform. It is recognized, however, that there are specific 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 considered conditional uses within the zoning districts. This section sets forth the standards used to evaluate proposed conditional uses and the procedures for approving conditional use applications. 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 obtains final approval.

B. Initiation

A property owner in the City or other person expressly authorized in writing by the property

owner may file for a conditional use for that property. The City Council may also file for a

conditional use by motion.

C. Authority

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The City Council, after receiving a recommendation from the City Planning Commission, must take formal action on requests for conditional uses.

D. Procedure

1. Submittal of Application

a. An application for a conditional use must be filed with the Executive Director of the City Planning Commission. All applications for a conditional use must be filed in accordance with the requirements in Section 3.2 (Application) and accompanied by a site plan prepared in accordance with the requirements of Section 4.4 (Site Plan Review), and reviewed for completeness by the Executive Director.

b. If a zoning amendment is required or requested, that application must accompany the application for a conditional use for reference. A zoning amendment application must be processed according to the procedures of Section 4.2 (Zoning Text and Map Amendments).

c. If the proposed use requires subdivision, an application for subdivision approval must be submitted in conjunction with the application for a conditional use. Approval of the conditional use does not become effective until final approval of the subdivision application. If the subdivision proposes to divide the land in phases, the approval of the conditional use takes effect only when that phase of the subdivision where the conditional use is located is approved.

d. 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 must 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 must obtain a letter from the agency stating that the agency will verify that all requirements are met after the conditional use approval.

2. Action by the City Planning Commission

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

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

c. The City Planning Commission must recommend approval, modified approval or denial in sixty (60) days from the opening of the public hearing. 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. The City Planning Commission’s written recommendations, together with the staff report and recommendation, if any, must be filed with the Clerk of the City Council.

3. Action by the City Council

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a. The City Council must hold a public hearing, in accordance with Section 3.4 (Public Hearing), and take action by motion of approval, modified approval or denial in 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 in 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 in 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 must forward the motion to the City Law Department for preparation of an ordinance. Once the ordinance is introduced by the City Council, the ordinance must layover a minimum of twenty-one (21) days before the Council may adopt. The City Council must adopt the final ordinance ratifying their decision within ninety (90) days of the date that it took action by motion.

E. 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 conditional use as deemed necessary for the protection of the public health, safety and welfare.

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

3. The applicant must record the signed site plan in the Clerk of the Civil District Court for the Parish of Orleans. No permits may be issued until the site plan is recorded. The City Planning Commission must maintain a record of such approved conditional uses, the site plans and any conditions attached thereto.

4. The City Council may waive or modify specific zoning standards otherwise applicable to the use by this Ordinance to secure the general objectives of this section. However, the City Council cannot waive or modify any approval factor of this section.

F. Approval Standards

The City Planning Commission recommendation and the City Council decision on applications for a conditional use must, on the basis of the site plan and other 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 must specifically consider the extent to which:

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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 (Use Standards) and all environmental performance standards of this Ordinance (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 rights-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 signs, if any, and 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. 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.

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.

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2. No use authorized by a conditional use may be enlarged, extended or relocated, unless an application is made for approval of a new conditional use in accordance with the procedures set forth in this section.

3. Development of the use must 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.

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:

1. Expiration

a. For new construction, the conditional use approval will expire within three (3) years of the date of approval of 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 structure or land remains vacant for a period of two (2) years, then the conditional use will expire.

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 must 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 conditional use may petition the City Council for a longer extension of time. A request for extension must be made in writing within the original period of validity. The City Council must 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 (Notice). The applicant and the owner of record of the property must be notified of

a public hearing to be conducted by the City Council. Following the public hearing,

the City Council must 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.

I. Revocation of Conditional Use

A conditional use may be revoked 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 six (6) months by discontinuation or abandonment.

2. The licenses or permits required for the operation or maintenance of the use are not obtained within six (6) months of approval of the conditional use or are subsequently terminated.

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3. Any of the provisions of this Ordinance or any of the terms and conditions of the conditional use approval are violated.

The City Council must hold a public hearing to confirm that the above conditions or events have occurred. Notice for the public hearing is required in accordance with Section 3.3 (Notice). The applicant and the property owner of record must be notified of a public hearing to be conducted by the City Council. Following the public hearing, the City Council will render its decision whether to terminate the conditional use approval.

J. Zoning Map Record of Conditional Use

Approved conditional uses may be indicated on the Zoning Map with a "C" appended to the zoning district designation of a lot. Such addendum is for administrative and reference purposes only and does not constitute a rezoning. The addendum may be removed administratively by the Director of Safety and Permits or the Executive Director of the City Planning Commission upon expiration or revocation of the conditional use.

K. Appeals

An aggrieved party may appeal City Council decisions on conditional uses to the Orleans Parish Civil District Court within thirty (30) days following City Council action.

4.4 SITE PLAN REVIEW

A. Purpose

The site plan 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, 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, buildings 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 problems.

7. Incorporate proper stormwater management and sustainable design techniques.

B. Applicability

Site plan review is required as follows:

1. Any building permit for new construction of multi-family, townhouse, non-residential or mixed-use development that is forty-thousand (40,000) square feet or more in gross floor area, or additions or enlargements to existing multi-family, townhouse, non-residential or mixed-use developments that are, prior to the addition or expansion, forty-thousand (40,000) square feet or more in gross floor area. Unless otherwise required by this

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section or this Ordinance, these applications are reviewed by the Executive Director of the City Planning Commission.

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

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

4. All essential services described in Section 6.3 (Exemptions for Essential Services). Unless otherwise required by this section or this Ordinance, such applications are reviewed by the Executive Director of the City Planning Commission. However, the Executive Director of the City Planning Commission may waive the requirement for site plan review.

5. Where this Ordinance specifically requires site plan review as a condition of approval.

C. Submittal Requirements

In addition to any other information required by this Ordinance, site plans must 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, and 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, (including numbers of parking and loading spaces), exterior lighting systems, storm drainage and sanitary facilities.

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

7. The location and the preliminary plans and elevation of the buildings(s) as may be deemed necessary.

8. General location of parking and site circulation.

9. General

location,

landscaping.

height,

and

material

of

all

fences,

walls,

screen

planting

and

10. General location, character, size and height, and orientation of proposed signs.

11. 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.

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12. Landscaping and design information necessary to meet the requirements of design review, where applicable.

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

14. A traffic impact analysis.

15. A fiscal impact analysis.

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

D.

Procedure

1. Submittal of Application

All applications must be filed with the Executive Director of City Planning Commission in accordance with the requirements in Section 3.2 (Application). When the application is complete, the Executive Director of City Planning Commission will forward a copy of the appropriate body.

2. Site Plan Review Process

a. When a site plan is approved by the Executive Director of the City Planning Commission, the Executive Director must render a decision pursuant to the standards in Paragraph E (Approval Standards) within ninety (90) days from the date the application is deemed complete.

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

ii. The applicant may file a written appeal of the decision of the Executive Director of City Planning Commission to the Board of Zoning Adjustments within thirty (30) days after the date of the final decision in accordance with Section 4.7 (Zoning Appeals).

b. When a site plan is considered in conjunction with another application, the body considering the application must render a decision pursuant to the standards in Paragraph E (Approval Standards) below as part of the decision on the original application.

c. The body or official approving a site plan must determine whether the site plan conforms to the zoning district regulations and design standards in which the property is located, including any special regulations applicable to the particular use under Article 20 (Use Standards).

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

E. Approval Standards

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In reviewing site plans, the relationship of the site plan to adopted land use policies, and the goals and objectives of the Master Plan must be evaluated. In addition, the following characteristics must be considered:

1. Degree of conformity with existing zoning standards.

2. Regulations of this Ordinance, and any other 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. Conformance with the provisions of Section 21.2 (Adequate Public Facility Requirements), Section 21.3 (Environmental Performance Standards), Section 21.4 (Use of Land and Structures) and Section 23.13 (Stormwater Management Practices).

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

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

d. Signs in accordance with Article 24 (Signs).

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

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 landscaping 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 must 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.

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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.

F. Changes to Approved Site Plans

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

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

The Executive Director of the City Planning Commission may approve minor revisions to the site plans when such matter is not considered by the City Planning Commission or City Council in Paragraphs 2 and 3 below. Minor revisions are those that appear necessary in light of technical considerations brought to light by the applicant or the City. Additionally, the Executive Director may approve:

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 not expand beyond twenty percent (20%).

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 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 site plan.

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

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 or decreases in, or the rearrangement of, off-street parking spaces in any part of the site plan.

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

c. 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.

d. Increases in the number of structures permitted in any part of the site plan.

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 site plan. However, if a new conditional use or a new variance is proposed, the applicant is required to resubmit a new site plan for approval.

G. Expiration and Extension of Time

1. Expiration

Unless otherwise permitted or restricted by this Ordinance, an approved site plan is valid for three (3) years from the date of stamped approval. After three (3) years, the site plan approval will expire and no construction or use is permitted until a new site plan is approved.

2. Extension of Time

If the applicant requests an extension of the site 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 site plan approval may be extended for a period not to exceed twelve (12) months.

4.5

VARIANCES

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.

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.

C. Variances and Administrative Exceptions

1. The Board of Zoning Adjustments is authorized to render final decisions on application for variances from the regulations of this Ordinance, unless the application meets the criteria of an administrative exception in Paragraph 2 below.

2. The Executive Director of the City Planning Commission is authorized to render final decisions on the following types of administrative exceptions:

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a. A reduction in the required lot width, lot depth and lot area of no more than ten percent (10%).

b. Reduction in required setbacks of no more than ten percent (10%) or two (2) feet, whichever is less.

c. Reduction of required off-street parking spaces by no more than one (1) parking space or ten percent (10%) of the required minimum amount, whichever is greater.

d. For a nonconforming structure of at least fifty (50) years of age, reductions in yard and bulk requirements, and reduction or exemption of off-street parking and loading requirements.

D. Authority

Variances are authorized by the terms of this Ordinance. The Executive Director of the City Planning Commission is authorized to grant certain administrative exceptions, as defined in Paragraph C.1 above. All other variances may only be authorized by the Board of Zoning Adjustments.

E. Procedure

1. Submittal of Application

All applications must be filed with the Executive Director of the City Planning Commission in accordance with the requirements in Section 3.2 (Application). When the application is deemed complete, the Executive Director of the City Planning Commission must decide whether the application is for an administrative exception or a variance.

2. Administrative Exception

a. The Executive Director of the City Planning Commission must review and evaluate the complete application, pursuant to the standards in Paragraph G (Approval Standards) below. Notice is required in accordance with Section 3.3 (Notice). The Executive Director of the City Planning Commission must render a decision within thirty (30) days of the date indicated on the required notice.

b. If a property owner objects to the administrative exception application in writing, prior to the date indicated on the notice, the application must be resubmitted by the applicant to the Board of Zoning Adjustments as a variance. The variance application, notice and public hearing requirements must be met, however no new fees are required.

c. The Executive Director of the City Planning Commission must render a decision in writing. Based upon the evidence presented in the application, the Executive Director must evaluate the application against the standards in Paragraph G (Approval Standards) below.

d. If the Executive Director of the City Planning Commission denies the application for an administrative exception, the applicant has the right to appeal to the Board of Zoning Adjustments. Appeals must be filed within thirty (30) days of the decision.

3. Variance

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

b. Based upon the evidence presented at the public hearing, the Board of Zoning Adjustments must evaluate the application against the standards in Paragraph G (Approval Standards) below.

c. The Board of Zoning Adjustments may approve, approve with conditions or deny the application within forty-five (45) days of the close of the public hearing.

d. The decision must be filed in the office of the Board of Zoning Adjustments within ten (10) days of the vote. Failure to file the decision will not delay issuance of a building permit in accordance with a favorable vote if the conditions attached to the building permit are in complete accord with the action of the Board of Zoning Adjustments. Within ten (10) days of the effective date of the decision, written notification of such action must be mailed to the applicant, stating the action taken and including all conditions imposed and times established for satisfaction of such conditions, if any.

F. Conditions and Restrictions

1. The Executive Director of the City Planning Commission and the Board of Zoning Adjustments, as appropriate, may impose such conditions and restrictions upon the location, construction, design and use of the property benefited by an administrative exception or 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 administrative exception or variance. The terms of relief granted, including any conditions or restrictions, must be specifically set forth in the approval.

2. The Executive Director of the City Planning Commission or the Board of Zoning Adjustments may grant an administrative exception or variance less than requested when the record supports the applicant’s right to some relief, but not to the entire relief requested.

G. Approval Standards

The Executive Director of the City Planning Commission may authorize an administrative exception and 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.

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

H. Expiration of Approvals

A variance or administrative exception 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. The Board of Zoning Adjustments may grant an extension of such period, upon written application, and with good cause shown, subject to verification that the approval standards of Paragraph G (Approval Standards) above are still met.

I. Appeals

1. An aggrieved party may appeal the Executive Director of the City Planning Commission decision on administrative exceptions to the Board of Zoning Adjustment within thirty (30) days of the Director’s decision.

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

4.6 MINOR MAP ADJUSTMENTS

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.

B. Initiation

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

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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 of the Master Plan.

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.

C. Authority

The Board of Zoning Adjustments is authorized to approve a minor map adjustment to the Official Zoning Map and the Executive Director of the City Planning Commission is authorized to approve a minor map adjustment to Future Land Use Map of the Master Plan.

D. Procedure

1. Submittal of Application

An application for a minor map adjustment must be filed with the Executive Director of the City Planning Commission. All applications for a minor map adjustment must be filed in accordance with the requirements in Section 3.2 (Application).

2. Action on Application

a. An application for a minor map adjustment to the Future Land Use Map of the Master Plan must be considered by the Executive Director of the City Planning Commission within forty-five (45) days of receipt of a complete application. An application for a minor map adjustment to the Official Zoning Map must be considered by the Board of Zoning Adjustments in forty-five (45) days from the date the application is docketed.

b. The Board of Zoning Adjustments or the Executive Director of the City Planning Commission, as appropriate, may either approve or deny the application for minor map adjustments.

c. The application must be evaluated based upon the standards in Paragraph E (Approval Standards) below.

E. Approval Standards

When considering an application for a minor map adjustment, the Board of Zoning Adjustments or the Executive Director of the City Planning Commission, as appropriate, must 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.

F. Appeals

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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 thirty (30) days of the Executive Director’s decision.

2. An aggrieved party may appeal the Board of Zoning Adjustments decisions on minor map adjustments to the Official Zoning Map to the Orleans Parish Civil District Court within thirty (30) days of the Board’s decision.

4.7 ZONING APPEALS

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 or the Executive Director of the City Planning Commission concerning decisions on the following applications of this Ordinance:

1.

The decision of the Executive Director of the City Planning Commission on administrative exception applications.

2.

The decision of the Executive Director of the City Planning Commission on site plan review.

3

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

4.

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

5.

The decision of the Director of the Department of Safety and Permits on sign permits.

B. Time Limit

No appeal is allowed after the expiration of thirty (30) days from the date the decision is rendered by the Director of the Department of Safety and Permits or the Executive Director of the City Planning Commission.

C. Application

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 must conduct a public hearing in accordance with Sections 3.4 (Public Hearing) and make a final decision within forty-five (45) days from the date the application is docketed. The Director of the Department of Safety and Permits or the Executive Director of the City Planning Commission must produce all papers, correspondence and records requested by the Board of Zoning Adjustments for any hearing or meeting held by the Board.

D. 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

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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 ZONING VERIFICATION

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, occupancy permit or business license.

B. Authority

The Director of the Department of Safety and Permits must review and approve zoning verifications in accordance with the provisions of this section.

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 must be issued prior to issuance of a building permit, occupancy permit 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 an occupancy permit only requires a zoning verification for the building permit.

D. Process

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

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

3. An applicant may request a zoning verification. The applicant must 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 name and address of the owner of the subject property, if different from the applicant, and the owner’s signed consent to the filing of the application.

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

d. The present zoning classification and use of the subject property.

e. 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.

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f. 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.

E. Appeals

An applicant may appeal the zoning verification decision by the Director of the Department of Safety and Permits to the Board of Zoning Adjustments within thirty (30) days of the decision.

4.9

INTERPRETATION

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 verify that proposed zoning changes are in conformance with the Master Plan.

B. Initiation

1. A written application for a zoning or Master Plan conformance interpretation may be filed by a property owner in the City or other person expressly authorized in writing by the owner.

2. The 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 interpretation.

3. The City Council or the City Planning Commission may request that the Executive Director of the City Planning Commission render a Master Plan conformance interpretation.

C. Application

1. All applications for a zoning interpretation must be filed with the Director of the Department of Safety and Permits in accordance with the requirements in Section 3.2 (Application).

2. All applications for a Master Plan conformance interpretation must be filed with the Executive Director of the City Planning Commission in accordance with the requirements in Section 3.2 (Application).

D. Authority and Execution

1. The Director of the Department of Safety and Permits will review and make final written decisions on requests for zoning interpretations.

2. The Executive Director of the City Planning Commission will review and make final written decisions on requests for Master Plan conformance interpretations.

E. Procedure

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1. All applications for a zoning interpretation must be filed with the Director of the Department of Safety and Permits. The Director of the Department of Safety and Permits must 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 ability to request additional information prior to rendering an interpretation. The Director of the Department of Safety and Permits must maintain a written record of all interpretations.

2. All applications for a Master Plan conformance interpretation must be filed with the Executive Director of the City Planning Commission in accordance with the requirements in Section 3.2 (Application). The Executive Director of the City Planning Commission must 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 must maintain a written record of all interpretations.

F. Appeals

1. An aggrieved party may appeal a zoning interpretation decision by the Director of the Department of Safety and Permits to the Board of Zoning Adjustments within thirty (30) days of the decision.

2. An aggrieved party may appeal a Master Plan conformance interpretation decision by the Executive Director of the City Planning Commission to the City Planning Commission within thirty (30) days of the decision.

4.10 SIGN PERMIT

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 must grant approval.

3. Before a sign permit may be issued in a local historic district, the Historic District Landmarks Commission must grant approval.

B. Application

1. Before any permit is issued, a sign permit application must 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 must 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.

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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 must 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.

C. Permit Identification

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

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.

E. Termination or Revocation of Permit

Upon the termination or revocation of the sign permit, the licensee must 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.

F. Validity of Permit

All signs must 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.

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 thirty (30) days of the decision.

4.11

ENFORCEMENT

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, 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.

B. Report of Violation

Whenever a violation of this Ordinance occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating the causes and basis for the complaint, must be filed with the Director of the Department of Safety and Permits. In accordance with Louisiana Revised Statutes, the Department of Safety and Permits is designated as the

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authorized agency for the City of New Orleans and must be notified in writing of violations of the Ordinance in order for the prescriptive period to commence.

C. 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, 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.

D. 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 must 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.

Article 4 Applications & Approvals

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4 - 24 DRAFT CZO - 2011

City of New Orleans Comprehensive Zoning Ordinance

SIGN PERMIT

Property owner in the city or a person authorized in writing by the property owner

 

Director of the Department of Safety and Permits

None

None

Director of the Department of Safety and Permits

   

of Zoning

Adjustments

Board

 

INTERPRETATION

ZONING

Property owner in the city, a person authorized in writing by the property owner, the City Planning

or

the City Council

Director of the Department of Safety and Permits

   

Director of the Department of Safety and Permits

   

of Zoning

Adjustments

Board

 

Commission,

None

None

VERIFICATION

ZONING

Property owner in the city or a person authorized in writing by the property owner

 

Director of the Department of Safety and Permits

None

None

Director of the Department of Safety and Permits

   

of Zoning

Adjustments

Board

 

ZONING APPEALS

An aggrieved party or city agency

 

Director of the Department of Safety and Permits

See Section 3.3

of Zoning

Board

Adjustments

 

of Zoning

Board

Adjustments

 

Parish

Orleans

District

Civil Court

ADMINISTRATIVE

EXCEPTIONS

Property owner in the city or a person authorized in writing by the property owner

 

Executive Director of the

Planning

Commission

See Section 3.3

None

Executive

of the

Director

Planning

Commission

   

of Zoning

Adjustments

Board

 

City

City

VARIANCES

Property owner in the city or a person authorized in writing by the property owner

 

Executive Director of the

Planning

City

Commission

See Section 3.3

of Zoning

Board

Adjustments

 

of Zoning

Board

Adjustments

 

Parish

Orleans

District

Civil Court

SITE PLAN REVIEW

Initiated as part of other zoning

or

applications

building permit

Executive Director of the

Planning

City

Commission

None

None

Executive Director of the City Planning Commission, City

Planning or

Commission

City Council, as

applicable

Applicable

Plan

Not (Site

Review Part of

Other

Applications)

CONDITIONAL USE

Property owner in the city, a person authorized in writing by the property owner, or the City Council

Executive Director of the

Planning

Commission

See Section 3.3

Planning

Commission

 

City Council

   

Orleans Parish

Civil District

Court

 

City

City

AMENDMENTS

TEXT AND

ZONING

MAP

Property owner in the city, a person authorized in writing by the property owner, or the City Council

Executive Director of the

Planning

Commission

See Section 3.3

Planning

Commission

 

City Council

   

Orleans Parish

Civil District

Court

 

City

City

TABLE 4-2: TABLE

ADMINISTRATIVE

SUMMARY

APPLICATION INITIATION

APPLICATION FILING & COMPLETENESS DETERMINATION

   

PUBLIC NOTICE PUBLIC HEARING & RECOMMENDATION

 

FINAL DECISION

   

APPEAL BODY

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ARTICLE 5. PLANNED DEVELOPMENTS

5.1

PURPOSE

5.2

INITIATION

5.3

EXISTING PLANNED COMMUNITY DEVELOPMENTS

 

5.4

AUTHORIZATION

 

5.5

GENERAL STANDARDS FOR PLANNED DEVELOPMENTS

 

5.6

EXCEPTIONS FROM DISTRICT REGULATIONS

 

5.7

PROCEDURE

5.8

SUBMITTAL REQUIREMENTS

 

5.9

CHANGES TO APPROVED FINAL PLANS

 

5.10

CONDITIONS AND GUARANTEES

5.1

PURPOSE

The purpose of these planned development regulations is to:

 

A. Encourage flexibility in the development of land and in the design of structures.

 

B. Encourage planned diversification in the location of structures.

 

C. Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of this Ordinance.

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

E. Provide for more usable and suitably located open space and recreation areas than might otherwise be provided under the application of this Ordinance.

F. Encourage the construction of appropriate aesthetic amenities that will enhance the character of the site.

G. Guarantee

construction

of

quality

commensurate

with

other

developments

within

the

community and compatible with the character of the surrounding area and adjoining properties.

H. Facilitate the implementation of the Master Plan.

 

I. Encourage the adaptive reuse of existing structures.

5.2

INITIATION

An application for a planned development may be filed by a property owner in the City for that property in accordance with the provisions of Section 5.4 (Authorization).

5.3

EXISTING PLANNED COMMUNITY DEVELOPMENTS

 

Existing Residential Planned Community Districts, Central Business District Planned Community Districts and Mixed-Use Planned Community Districts remain valid, must 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 must follow the procedures for amendment to planned developments in Section 5.9 (Changes to Approved Final Plans).

5.4 AUTHORIZATION

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A planned development is a conditional use in the applicable zoning districts (see district use tables). A planned development may be granted in accordance with the procedures and standards of this section, and the conditional use provisions of Section 4.3 (Conditional Use). Unless specifically approved by the ordinance granting or amending the planned development as a conditional use, the requirements of the underlying district apply.

5.5 GENERAL STANDARDS FOR PLANNED DEVELOPMENTS

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

B. Planned developments must meet the following minimum site size requirements. There is no minimum size requirement for a planned development within any district for the adaptive reuse of an existing institutional structure, such as a place or worship or educational facility.

1. A minimum of one (1) acre in the Environmentally Sensitive Development District.

2. A minimum of two (2) acres in the Rural Residential, Historic Core Neighborhood, Historic Urban Neighborhood and Destination Districts.

3. A minimum of five (5) acres in the Suburban Neighborhood and the Centers for Industry Districts.

4. A minimum of one and one-half (1 ½ ) acres in the Central Business District.

C. The ordinance authorizing a conditional use for 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 must be consistent with the procedures and standards of this Article. However, use exceptions are prohibited in any single-family or two-family residential district in the Rural Residential, Historic Core Neighborhood, Historic Urban Neighborhood and Suburban Neighborhood District with the exception of the adaptive reuse of existing institutional structures.

D. Planned developments must 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:

Environmentally Sensitive Development District, Rural Residential, Historic Core Neighborhoods, Historic Urban Neighborhoods, Suburban Neighborhoods, Central Business District, Destination Districts and Centers for Industry.

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

F. The site must 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 must 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.

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G. All proposed streets, alleys and driveways must 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 the conditional use.

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

I. All planned developments must 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.

J. The planned development must meet the regulations of Section 21.2 (Adequate Public Facility Requirements), Section 21.3 (Environmental Performance Standards), Section 21.4 (Use of Land and Structures) and Section 23.13 (Stormwater Management Practices).

5.6 EXCEPTIONS FROM DISTRICT REGULATIONS

A. A planned development is subject to the underlying district regulations unless the City Planning Commission recommends and the City Council grants an exception to the district regulations. 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: Environmentally Sensitive Development District, Rural Residential, Historic Core Neighborhoods, Historic Urban Neighborhoods, Suburban Neighborhoods, Central Business District, Destination Districts and Centers for Industry.

2. For use exceptions, the additional uses allowed 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.

3. 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. 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 development techniques and green architecture, 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.

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7. The planned development provides a public benefit to the City, as described in Paragraph B below.

B. The underlying zoning district requirements apply, unless an exception is granted by as part of the conditional use approval. 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. To be granted an exception to district regulations within a planned development, the applicant must 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, and a commitment to the use of appropriate sustainable design techniques as follows:

1. The applicant must commit to the use of sustainable design and architecture, such as the use and/or incorporation of green roofs, white roofs, bio-swales, solar panels, wind turbines and other energy efficient design concepts, new building technologies, and Leadership in Energy and Environmental Design (LEED) or LEED-equivalent structures. This requirement does not apply to a planned development for the adaptive reuse of an existing institutional structure.

2. The applicant must 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, mixed-use development, 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.

5.7

PROCEDURE

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In the establishment and authorization of a planned development as a conditional use, the following procedures, requirements, restrictions and conditions must be observed. In addition to the conditional use procedures, approval of a planned development is a four-step process, which includes a pre-application meeting, Planning Advisory Committee meeting, preliminary plan and final plan. Submittal requirements for each step in the planned development process are in Section 5.8 (Submittal Requirements).

A. Pre-Application Meeting

[NOTE: Once a Neighborhood Participation Program is adopted, as described in the Master Plan and Charter Amendment, a pre-application process will be added to this section that describes neighborhood involvement in the process.]

B. Planning Advisory Committee Meeting

[NOTE: The submittal requirements for the PAC meeting will be the same as those required for the pre-application meeting.]

Following the pre-application meeting, the applicant must present the plan to the Planning Advisory Committee for the purpose of obtaining information and guidance prior to entering into binding commitments or incurring substantial expense. The Planning Advisory Committee will review the plan and provide such information and guidance it deems appropriate. Any opinions or advice provided by the Planning Advisory Commission is in no way binding with respect to any official action the City Planning Commission or City Council may take on the subsequent formal application.

C. Preliminary Plan

1. All applications for planned developments must submit a preliminary plan (submittal requirements in Section 5.8.B) to be filed with the Executive Director of the City Planning Commission, who must forward a copy to the City Planning Commission.

2. The City Planning Commission must review the preliminary plan and conditional use at a public hearing in fifty (50) days from the date the application is docketed. In sixty (60) days from the opening of the public hearing, the City Planning Commission must:

a. Recommend approval, modified approval or denial of the preliminary plan and conditional use, and submit its written recommendation to the City Council. Each application must be evaluated against the specific standards for conditional uses in Section 4.3 (Conditional Use) and for planned developments in Section 5.5 (General Standards for Planned developments) and Section 5.6 (Exceptions from District Regulations).

b. Advise the applicant in writing of any recommended changes, additions or corrections to the preliminary plan. The applicant may, within thirty (30) days, submit a revised preliminary plan for City Planning Commission consideration without paying an additional filing fee. The applicant may request and the City Planning Commission may approve additional time to submit a revised preliminary plan. The City Planning Commission must then recommend approval, modified approval or denial of the preliminary plan and conditional use, and submit its written recommendation to the City Council.

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c. 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.

3. The City Planning Commission recommendation to the City Council must set forth in what respects the planned development is or is not in the public interest including, but not limited to, findings on the following:

a. The proposed planned development complies with the requirements and standards of Section 5.5 (General Standards for Planned developments).

b. The site where the planned development is located is adaptable to the unified development proposed.

c. The proposed planned development will not be detrimental to or endanger the public health, safety or welfare.

d. The proposed planned development will not be injurious to the use and enjoyment of other property in the vicinity for the purposes already permitted.

e. The proposed planned development will not diminish or impair property values within the neighborhood.

f. The proposed planned development will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.

g. The planned development provides public benefits and amenities to the City in

District

exchange

Regulations).

for

exceptions as

required

by Section

5.6

(Exceptions

from

h. There is provision for adequate utilities, drainage, off-street parking and loading, pedestrian access and all other necessary facilities.

i. There is provision for adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets.

j. The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities, are compatible with the surrounding neighborhood and adjacent land uses.

k. All portions of the proposed planned development which are not to be used for structures, parking and loading areas, or access ways, are suitably landscaped.

l. The location of the proposed planned development is consistent with the spirit and intent of this Ordinance and the Master Plan.

4. The City Council must hold a public hearing, in accordance with Section 3.4 (Public Hearing), and take action by motion of approval, modified approval or denial in sixty (60) days from receipt of a City Planning Commission recommendation. The City Council may, by motion, extend this sixty (60) day period one time.

a. If the preliminary plan is denied, the City Council must state in writing the reasons for the denial, and such writing must be filed with the Director of Department of Safety and Permits and a copy sent to the applicant.

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b. If the City Council fails to take action by motion in 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 in 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 must forward the motion to the City Law Department for preparation of an ordinance. Once the ordinance is introduced by the City Council, the ordinance must layover a minimum of twenty-one (21) days before the Council may adopt. The City Council must adopt the final ordinance ratifying their decision within ninety (90) days of the date that it took action by motion.

d. If the preliminary plan and conditional use is approved, the applicant must submit a final plan for the planned development, which will be recorded as part of the City Council approval.

D. Final Plan

Within one (1) year following the adoption of the final ordinance approving the preliminary plan the applicant must file a final plan (submittal requirements in Section 5.8.C below). The Executive Director of the City Planning Commission must review the final plan within sixty (60) days from the receipt of the complete final plan and take the following action:

1. Conformance with Preliminary Plan

The Executive Director of the City Planning Commission must approve the final plan if it is in substantial compliance with the preliminary plan and all City regulations.

2. Nonconformance with Preliminary Plan

a. If the final plan is held not to be in conformity with the preliminary plan or other regulations, the Executive Director of the City Planning Commission must inform the applicant with regard to specific areas found not to be in compliance, and the applicant may resubmit the final plan to the Executive Director of the City Planning Commission with changes to those areas found not to be in compliance.

b. Once resubmitted, if the Executive Director of the City Planning Commission has determined the final plan to be in substantial compliance with the preliminary plan and all other City regulations, then the Executive Director of the City Planning Commission must approve the final plan.

c. If the Executive Director of the City Planning Commission finds that the final plan is substantially changed from the approved preliminary plan or violates City ordinances, then the Executive Director of the City Planning Commission must deny the final plan.

E. Final Approval

After the approval of the final plan, the use of the land and the construction, modification or alteration of any structures within the planned development is governed by the approved final plan rather than by other provisions of this Ordinance.

5.8 SUBMITTAL REQUIREMENTS

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For each step of the planned development approval process, the following submittals are required.

A. Pre-Application and Planning Advisory Committee Meeting

[NOTE: Once a Neighborhood Participation Program is adopted, as described in the Master Plan and Charter Amendment, a pre-application process will be added to this Article. This will also determine the submittal requirements for the meeting, which will also be used for the PAC meeting.]

B. Preliminary Plan

A preliminary plan for a planned development must include the following, unless waived by the Executive Director of the City Planning Commission:

1. The all site plans and maps must be prepared to the following scale:

a. For projects containing more than two-hundred (200) acres, not more than two- hundred (200) feet to one (1) inch.

b. For projects containing fifty (50) acres to two-hundred (200) acres, not more than one-hundred (100) feet to one (1) inch.

c. For projects containing more than ten (10) but less than fifty (50) acres, not more than sixty (60) feet to one (1) inch.

d. For projects containing ten (10) acres or less, not more than fifty (50) feet to one (1) inch.

2. Any specific requirements set forth in the zoning district regulations and the following information:

a. Name and address of property owner and date of preparation of the plan.

b. Name and address of architect, landscape architect, planner, engineer, surveyor, or other persons responsible for the preparation of the plan.

c. Site boundaries and dimensions, site acreage and square footage, and approximate distance to the nearest cross street.

d. Location map, north arrow and title block.

e. Natural features including tree masses, floodplains, drainageways and bayous.

f. Proposed and existing land use and zoning classifications on-site and existing land uses on adjacent properties.

g. Building envelopes including maximum building intensity, density, heights and use restrictions as appropriate.

h. Public streets and private drives with pavement widths, curb cut widths, buffers, right- of-way, median openings, turn lanes including stacking and transitional spaces, and driveways including those on adjacent property with approximate dimensions.

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i. Proposed dedications and reservations of land for public or common use, including but not limited to: rights-of-way, easements, open space, drainageways, floodplains and public facility sites.

j. Existing and proposed utilities and easements.

k. A proposed phasing plan that identifies the sequence of development if the project is to be developed in phases and a time schedule for installation of major capital improvements to serve the development, including delineation of areas, building sites, land use and improvements to be constructed in independent phases and the scheduled timing and sequencing of such development.

l. Proposed buffers from existing uses on adjacent sites.

m. A chart depicting the following information by phase: acreage of each proposed phase; total number of dwelling units by type, lot size, and dwelling unit sizes; and projected population and total gross floor area (square feet) for each non-residential use.

3. A site plan drawn to the required scale showing:

a. The location, area, height, bulk and approximate dimensions of all existing and proposed buildings and structures within the planned development.

b. The use(s) of existing and proposed structures.

c. The dimensions of all perimeter setbacks and the distance between all structures.

d. The location and dimensions of all pedestrian walkways, bicycle paths, driveways, curb cuts, streets, alleys, parking and loading facilities, including the number of parking spaces serving each use and all parking-related screening and landscaping.

e. The location, height, design and illumination characteristics of all external lighting within the development.

f. The location and dimensions of any areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, places of worship, educational facilities, public buildings or for any other public or quasi-public use.

4. Typical building elevations and schematic design presentations prepared by a licensed architect indicating the general architectural character of all proposed buildings and structures.

5. A traffic circulation plan and traffic impact analysis indicating the proposed movement of vehicles, goods and pedestrians within the planned development, and to and from adjacent streets, and the impact of the proposed planned development upon existing traffic patterns. Such studies must also include an examination of the adequacy of on-site parking facilities, vehicular circulation patterns and pedestrian access and safety.

6. A sustainability plan setting forth all proposed improvements, project elements and actions taken to enhance environmental sustainability, including provisions for continuing maintenance where necessary.

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7. A landscape plan prepared by a licensed landscape architect indicating the general character of all proposed landscaping, screening and fencing, including all open space areas around structures.

8. A separate schedule setting forth any proposed exceptions to any City regulations. This schedule must cite each regulation from which an exception is sought by section number.

C. Final Plan

A final plan for a planned development must include the following, unless waived by the Executive Director of the City Planning Commission:

1. The final plan must be prepared at a scale of no less than one (1) inch equals one- hundred (100) feet or a larger scale as required by Section 5.8.B.1 above.

2. In addition to any specific requirements set forth in the zoning district regulations, the final plan must contain the following information:

a. Name and address of property owner and date of preparation of the plan.

b. Name and address of architect, landscape architect, planner, engineer, surveyor, or other persons involved in the preparation of the plan.

c. Site boundaries and dimensions, lot lines, site acreage and square footage, and approximate distance to the nearest cross streets.

d. Location map, north arrow, title block and site data summary table.

e. Topography at two (2) foot intervals or less.

f. Natural features including tree masses and anticipated tree loss, drainageways, creeks, and limits of the 100-year floodplain and floodway as shown on current Federal Emergency Management Agency or successor agency mapping, including location and acreage.

g. Proposed and existing land use and zoning classifications on-site and existing land uses on adjacent properties.

h. Building envelopes, locations and footprints including building size, intensity, density, height, setback, use, building materials proposed and location of entrances and exits.

i. Elevations

and

perspectives

to

surrounding topography.

show

the

relationship

of

building

heights

to

j. Public streets, private drives, alleys, fire lanes with pavement widths, rights-of-way, buffers, median openings, turn lanes (including storage and transition space), bicycle paths, sidewalks and driveways (including those on or planned on adjacent property) with dimensions, radii and surface types.

k. Parking areas and structures, aisles and spaces, handicap spaces, ramps, crosswalks, sidewalks and other facilities for pedestrian circulation, and loading areas with typical dimensions and surface types.

l. Access servitudes and the location of any off-site parking areas.

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m. Accurate outlines of proposed dedications and reservations of land for public or common use, including but not limited to: rights-of-way, servitudes, park land, open space, drainageways, floodplains, and facility sites.

n. Screening walls, fences, living screens, retaining walls, headlight screens and service area screens.

o. Landscaping and open space areas with dimensions and total square footage.

p. Existing and proposed topography reflecting proposed handling of on-site surface drainage, proposed improvements and method of maintenance for any drainage channels.

q. Existing and proposed gas mains or other underground structures, water and sanitary sewer mains and service lines with sizes, valves, fire hydrants, manholes, and other structures on site or immediately adjacent to the site specified.

r. Phases of development, including delineation of areas, building sites, land uses and improvements to be constructed in independent phases and the scheduled timing and sequencing of development.

s. Proposed buffers from existing uses.

5.9 CHANGES TO APPROVED FINAL PLANS

A. During Construction

During the construction of the planned development, the procedure for changes to approved final plans is as follows:

1. Minor Changes

a. Minor changes, if required by engineering or other physical site circumstances not foreseen at that time that the final plan was approved, may be approved by the Executive Director of the City Planning Commission. However, any change considered a major change in Paragraph 2 below cannot be approved by the Director as a minor change.

b. The Executive Director of the City Planning Commission may also, at the Director’s discretion, determine that any proposed minor change to an approved final plan constitutes a major change and must be approved by the City Council in accordance with the procedures for a major change.

2. Major Changes

a. Major changes are those listed below and may only be approved by the City Council following a review and public hearing by the City Planning Commission.

b. Any change in land use, building height or density, the arrangement of lots, blocks and building changes that substantially affect the basic design, density or bulk of the development is considered a major change, and must be approved by the City Council. Major changes are defined as:

i. An increase or decrease in the number of dwelling units from that approved in the final plan.

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ii. An increase in building height by more than ten percent (10%) of the height approved in the final plan.

iii. An increase in building coverage by more than ten percent (10%) of the percentage approved in the final plan.

iv. A decrease in open space by more than ten percent (10%) from that approved in the final plan.

v. A change of twenty (20) feet or more in the location of walkways, vehicle circulation ways and parking areas, or exterior building walls as measured in linear feet.

vi. A change in the location and arrangement of land uses within the development from that shown on the approved final plan.

vii. A change or relocation of rights-of-way from that shown on the approved final plan that decreases their functionality or adversely affects their relation to surrounding land use and right-of-way elements.

viii. An increase or decrease in the amount of any land use in any phase of the development by more than ten percent (10%) or a change in the overall final approved land use mix.

ix. A reduction in the number of parking spaces or an increase of more than ten (10) parking spaces.

x. A substantial change in building design, building material selection or percentage of various approved building materials. The Executive Director of the City Planning Commission will determine when a change is substantial. When such change is for a planned development in a historic district, the Vieux Carré Commission or Historic District Landmarks Commission, as applicable, must review and approve such change.

xi. A change to the landscape plan that results in a reduction of plant material. Changes to the landscape plan, which do not result in a reduction of plant material or violate the landscaping requirements of this Ordinance, are not considered a major change.

B. After Construction

After the completion of construction of the planned development, any structure that is damaged or destroyed may be reconstructed only in compliance with the final plan, unless an amendment to the final plan is approved. Changes to the approved final plan are allowed as follows:

1. Minor changes, as described above, may be approved by the Executive Director of the City Planning Commission.

2. All other changes to the final plan must be approved by the City Council following the conditional use process (Section 4.3). The City Council may only approve changes to the final plan if they find such changes are necessary for the continued successful functioning of the planned development, because of changes in conditions that have occurred since the final plan was approved, or because of changes in the development policy of the City.

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3. Upon review of the proposed changes, the City Council may determine that the proposed changes constitute a new application and must be resubmitted as a new planned development application in accordance with this Article.

C. Recording of Changes to Final Plan

All changes to the final plan must be recorded as amendments to the planned development ordinance. If changes are allowed in a final plan, then a new plan reflecting such changes must be filed with the City noting the date of the changes before a building permit may be issued.

5.10 CONDITIONS AND GUARANTEES

Prior to granting any conditional uses, the City Planning Commission may recommend and the City Council may stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the planned development as deemed necessary to guarantee performance of all conditions.

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DRAFT CZO City of New Orleans Comprehensive Zoning Ordinance 5 - 14 DRAFT CZO – 2011

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DRAFT CZO City of New Orleans Comprehensive Zoning Ordinance 5 - 15 DRAFT CZO – 2011

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ARTICLE 6. ZONING DISTRICTS & ZONING MAP

6.1

PURPOSE

6.2

INTRODUCTION TO ZONING DISTRICTS

6.3

EXEMPTIONS FOR ESSENTIAL SERVICES

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:

A. Open Space Districts

OS-N Neighborhood Open Space District OS-G Greenway Open Space District OS-R Regional Open Space District CZ Coastal Zone District NA Natural Areas District ESD Environmentally Sensitive Development District

B. Rural Residential Districts

RRE Rural Residential Estate District M-MU Maritime Mixed-Use District

C. Historic Core Neighborhoods

VCR-1 Vieux Carré Residential District VCR-2 Vieux Carré Residential District HMR-1 Historic Marigny/Tremé Residential District HMR-2 Historic Marigny/Tremé Residential District HMR-3 Historic Marigny/Tremé 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 Commercial District HMC-2 Historic Marigny/Tremé Commercial District HMLI Historic Marigny/Tremé Light Industrial District VCP Vieux Carré Park District

D. Historic Urban Neighborhoods

HU-RS1 Single-Family Residential District HU-RD1 Two-Family Residential District HU-RD2 Two-Family and Townhouse Residential District HU-RM1 Multi-Family Residential District

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HU-RM2 Multi-Family Residential District HU-B1A Established Neighborhood Business Use District HU-B1 Neighborhood Business District HU-MU Neighborhood Mixed-Use District

E. Suburban Neighborhoods

S-RS1 Single-Family Residential District S-RD1 Two-Family and Townhouse Residential District S-RM1 Multi-Family Residential District S-RM2E 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 Multiple-Family Residential District S-LRM2 Lake Area High-Rise Multiple-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

F. Destination Districts

C1

General Commercial District

C2

Auto-Oriented Commercial District

C3

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

G. Centers for Industry

LI

Light Industrial District

HI

Heavy Industrial District

MI

Maritime Industrial District

BIP

Business-Industrial Park District

LS

Life Science Mixed-Use District

H. Central Business District

CBD-1 Business and Financial Core District CBD-2 Mixed-Use District CBD-3 Cultural Arts District CBD-4 Exposition District CBD-5 High-Rise Residential District CBD-6 Medical Center District

I. Overlay Zoning Districts

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UC Urban Corridor Overlay District ENORC Eastern New Orleans Renaissance Corridor Overlay District HUC Highway Urban Corridor Overlay District Inner-City Urban Corridor Overlay District Lower St. Charles Avenue Overlay District RDO Residential Diversity Overlay District AC Arts And Culture Overlay District

6.3 EXEMPTIONS FOR ESSENTIAL SERVICES

The following essential services may be permitted erected, constructed, altered, or maintained in any zoning district, subject to site plan review (Section 4.4):

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.

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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 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

to provide stormwater protection and reduce flooding possibilities  Protection of the City’s historic cemeteries
to provide stormwater protection and reduce flooding possibilities  Protection of the City’s historic cemeteries
to provide stormwater protection and reduce flooding possibilities  Protection of the City’s historic cemeteries
to provide stormwater protection and reduce flooding possibilities  Protection of the City’s historic cemeteries

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ARTICLE 7. OPEN SPACE DISTRICTS

7.1

PURPOSE STATEMENTS

7.2

USES

7.3

SITE DESIGN STANDARDS

7.4

OS-G DISTRICT DESIGN STANDARDS

7.5

PLANNED DEVELOPMENTS IN THE ESD DISTRICT

7.6

GENERAL STANDARDS OF APPLICABILITY

7.1

PURPOSE STATEMENTS

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 active and passive 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 also provides protection for the City’s historic cemeteries.

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 corridors of open space that provide a connection between neighborhoods and public amenities such as cultural facilities and larger parks. The physical form of a greenway is more linear in nature and typically accommodates additional modes of transportation such as pedestrian trails and bike paths. Because of this form, design standards are applied to developments adjacent to the greenway to maintain a pedestrian-friendly orientation.

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 both active and passive recreation areas, 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.

D. Purpose of the CZ Coastal Zone District

The purpose of the CZ Coastal Zone District is to provide a classification for more remote coastal areas of marsh, estuary or waterway that are in a natural state and have been minimally impacted by man-made activity. The CZ District is intended to preserve these waterfowl and fishery habitats by allowing only limited development to ensure the ecological viability of these wetlands and waterbodies.

E. 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. Very limited development is allowed, and must 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.

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F. Purpose of the ESD Environmentally Sensitive Development District

The purpose of the ESD Environmentally Sensitive 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 ESD 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 site planning process.

7.2

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 must obtain 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: PERMITTED AND CONDITIONAL USES

 

USES 1

 

DISTRICT

 

USE STANDARDS

OS-N

OS-G

OS-R

CZ

NA

ESD

RESIDENTIAL USE

Dwelling, Caretaker

   

P

C

C

C

 

OPEN SPACE USE

Urban Agriculture

   

P

     

Section 20.3.XX

Beach

P

 

P

P

     

Campground

   

P

       

Cemetery

P

         

Section 20.3.J

Community Garden

P

P

P

     

Section 20.3.M

Country Club

   

P

       

Driving Range

   

P

       

Fairgrounds

   

C

     

Section 20.3.U

Fishing Camp

     

C

 

C

 

Forest/Nature Preserve

   

P

P

P

P

 

Golf Course

   

P

       

Horse Stables (Commercial)

   

P

     

Section 20.3.CC

Parks and Playgrounds

P

P

P

P

3

     

Pier (Public)

   

C

C

C

C

 

Public Fishing

   

P

P

P

P

 

Marina, Recreational

   

C

C

 

C

 

COMMERCIAL USE

Gaming Boat

   

C

     

Section 20.3.Y

Indoor Amusement Facility