Article 4 Design Standards and Regulatory Requirements

Compliance with regulatory requirements

All requests for the subdivision or resubdivision of land shall conform to the Master Plan, adopted neighborhood plans, the Comprehensive Zoning Ordinance, all applicable ordinances and regulations, and shall conform to the general principles of acceptability and the design standards established in this Article.

Compliance with the Master Plan

The proposed subdivision shall be consistent with the policies embodied in the adopted Master Plan

Compliance with the Comprehensive Zoning Ordinance

No subdivision shall be approved by the Commission that is in conflict with the provisions of the Comprehensive Zoning Ordinance, except when explicitly authorized through a policy of these Subdivision Regulations.

Compliance with the Building Code

No subdivision shall be approved by the Commission that is in conflict with Building Code requirements, as determined by the Department of Safety and Permits.

Land Suitability

No major subdivision shall be approved when found unsuitable for its intended use by reasons of flooding, inadequate drainage or any other reasons harmful to the health, safety and well-being of the future residents or property owners of the proposed development, or of the community at large.  The Planning Commission may approve a Major Subdivision of land if the applicant improves, or as provided in Article 6 of these regulations, agrees to improve the land consistent with the standards of this and other regulatory documents of the City of New Orleans in order to make lots, parcels and tracts of land suitable for their intended uses.

Public Rights-of-Way, Access and Relationship to Street Network

Access to Lot

No subdivision will be approved by the Commission unless it creates a lot or parcel having its principal frontage and access from an officially approved street, public or private.  Lots fronting on pedestrian ways shall also have frontage on a public or private street providing vehicular access.

Phased Development

Whenever land is being subdivided into lots that may eventually be resubdivided into smaller lots, consideration must be given to the street and lot arrangement so that additional minor streets can be opened which will permit a logical arrangement of smaller lots. Whenever the first phase of a proposed phased development creates streets ending in stub streets, the developer shall either provide insurance that the second phase of development will occur or shall provide cul-de-sac rather than stub streets.

Secondary Access for Gated Subdivision

No subdivision for any gated subdivision will be approved by the Commission unless it provides for a secondary access, designed to the satisfaction of the Fire Department, Department of Public Works and the Planning Commission.  Individual phases of a multi-phased development may have a temporary secondary access designed to the satisfaction of these stated agencies.  The temporary secondary access shall be allowed for the maximum time permitted for completion of the overall development, as per these regulations.

Blocks

This section is intended to promote connectivity within existing neighborhoods and proposed subdivisions. In general, neighborhoods developed prior to WW2 that are considered more urban in nature with a more dense, mixed-use development pattern shall preserve shorter block lengths that are pedestrian in nature and promote block connectivity and access. Neighborhoods developed post-WW2 that are considered more suburban in nature may have existing block lengths exceed exceeding those of urban neighborhoods. However, many of these suburban development patterns have resulted in environments that do not adequately accommodate pedestrians and cyclists and it is the intent of these regulations to improve upon these past deficiencies.

1. Subdivisions that require the creation of new streets and block patterns shall design streets and block patterns in a manner that achieves high levels of connectivity within and around developments.
2. Block lengths should be consistent with the surrounding block lengths and patterns. When there are no predominant lengths and patterns in the vicinity, maximum block lengths shall be determined by multiplying by twelve (12) the minimum single-family lot width for the existing underlying zoning district. Zoning districts that do not have a designated minimum lot width shall have a maximum block length of 300 feet. Block lengths that exceed 600 feet shall provide a pedestrian way every 400 feet in order to provide connectivity that will accommodate pedestrians and cyclists.

Subdivisions that abut an existing block pattern and/or stub street(s), the subdivision shall make provision for the continuation of principal existing streets serving contiguous properties into the new subdivision areas (or their proper projection where adjoining land is not subdivided) in order to preserve the surrounding block pattern and street widths in a manner that is consistent with this section.

Subdivisions that include existing blocks that exceed the maximum allowed in this section shall make provision for streets that adhere with the block length requirements. 

Block lengths shall not exceed the specified maximum, except for when a block length that exceeds the maximum is deemed appropriate by the Executive Director. The Executive Director may determine a block exceeding the maximum to be appropriate in instances where the block length better ensures continuity with an existing street network or is more suitable given the particular geometry of the site.

Figure 1. Maximum Block Length in the HU-RD2 District

Figure 2. Maximum Block Length in the S-RS District

Exceptions to the requirement to extend existing streets may be considered by the Executive Director and may be granted for subdivisions that are contiguous with properties that include obstructions such as:

• Utilities/easements
• Large Institutional Developments
• Schools
• Hospitals
• Public Parks
• Natural Barriers
• Other land uses or physical features as may be deemed appropriate

Street Design

1. Street Widths. The widths of Major Streets shall conform to the widths designated on the Major Street Plan, as adopted by the Commission on June 22, 1993, and to all subsequent amendments and additions thereto. The minimum right-of-way width for all other streets shall be fifty (50) feet. In cases where special conditions make a right-of-way of less width more suitable, the Commission, with concurrence of the Department of Public Works, may modify the above requirements.

The minimum street width, measured from face-of-curb to face-of-curb shall be 26 feet.In cases where special conditions make a right-of-way of less width more suitable, the Commission, with concurrence of the Department of Public Works, may modify the above requirements.

2. Cul-de-sacs, Dead End Street. The creation of cul-de-sacs should be avoided where possible in order to maintain connectivity within and around developments. Cul-de-sacs are only allowed where existing topographic or physical barriers do not permit a street alignment that is directly connected with the existing street network of the surrounding area. The need for the creation of a cul-de-sac should not be a result of the actions of the applicant or property owner. Cul-de-sac streets shall not exceed 300 feet in length and shall terminate in a circular turn-around with a minimum diameter of 96 feet. Unless restricted by topographic or physical barriers, cul-de-sac streets shall provide a pedestrian way to connect the terminus of the cul-de-sac with the abutting public right-of-way or adjacent destinations.

Cul-de-sacs may be allowed by the Executive Director for subdivisions that are located contiguous with properties that include obstructions such as:

• Utilities/easements
• Large Institutional Developments
• Schools
• Hospitals
• Public Parks
• Natural Barriers
• Other land uses or physical features as may be deemed appropriate

3. Street Construction Requirements. All streets (private or public) shall be prepared in accordance with the City of New Orleans, Department of Public Works’ “Roadway Design Guide” latest revision), with construction work supervised by a registered Civil Engineer.  The type of surfacing shall be determined by the Department of Public Works and the Department’s approval shall be indicated by the stamp and signature on all such plans. All grading, surfacing and sidewalk intersection construction must be completed prior to final acceptance by the Department of Public Works. For all streets, offered or not offered for dedication, the applicant shall to furnish to the Department of Public Works a certificate from a registered engineer certifying that such streets have been constructed under his/her supervision and in accordance with the specifications furnished by the Director of the Department of Public Works.

4. Development Containing Private Streets. Subdivisions with streets not offered for dedication (private streets) must meet all applicable requirements for development of public streets.  Street paving and sidewalk construction must be in accordance with standard specifications of the City of New Orleans for dedicated streets.

A Homeowners Association or a similar responsible entity must be established to provide for the permanent maintenance of all private streets in accordance with Section 3.2.11.g. 

Approval shall not be given for proposed streets within a subdivision, which would be subject to flooding in the base flood. All street surfaces must be located at or above the base flood elevation.

5. Pedestrian Ways. Pedestrian ways are a type of street designed specifically for use pedestrians, cyclists, and other non-vehicular transportation modes. They are provided in order to improve pedestrian and bicycle access to transit and other destinations and to shorten pedestrian and bicycle travel times within or near a subdivision. Pedestrian ways are specifically encouraged at the terminus of cul-de-sacs, within large block patterns and adjacent to destinations such as parks, schools and trails.

Pedestrian ways extending from cul-de-sacs and in between large blocks shall provide a paved pathway with a minimum width of ten (10) feet and two (2) landscaped buffers with a minimum width of five (5) feet between the path and adjacent properties. The minimum total right-of-way width for the pedestrian way shall not be less than thirty (30) feet. The maximum total right-of-way width shall not exceed fifty (50) feet.

Figure 3. Pedestrian Way extending from cul-de-sacs

Pedestrian ways extending from rights-of-way abutting parks, schools, trails and other destinations shall maintain a width equal to the right-of way from which it extends and shall include a paved pathway with a minimum width of ten (10) feet and landscaped buffers with a minimum width of five (5) feet between the path and adjacent properties. 

Figure 4. Pedestrian Way extending from right-of-ways

Pedestrian ways shall be designed to restrict vehicular access. All design proposals for pedestrian ways are subject to the review and approval of the Executive Director.

6. Temporary Turn-Around shall be provided on all streets that are intended to be continued, either within the subdivided area or beyond. The type of surfacing of the temporary turn-around shall be subject to approval by the Department of Public Works.  The temporary turn-around shall be used for a maximum of two (2) years from the date of Final Subdivision Plan Approval of the subdivision plan, unless it is built according to all standards regulating development of dead-end streets.

7. Alley.  The minimum width of an alley in a residential block shall be fifteen (15) feet, but such minimum width may be modified when an alley would continue an existing pattern of alleys. 

8. Common Driveways and Secondary Access Servitudes serving single and two-family residential properties shall have a minimum width of 12 feet. Two-way driveways for multi-family, commercial, office or shall have a minimum width of 24 feet. All driveways and secondary access servitudes shall comply with CZO regulations and be determined in consultation with the Department of Public Works and the Fire Department.

1. Paved Sidewalks are required in all developments including those containing private streets unless waived by the City Planning Commission.  Sidewalks shall have a minimum width of five (5) feet, in consultation with the Department of Public Works. Permeable and pervious paving is encouraged under the guidelines found in Section 121.7 (the Code of the City of New Orleans).

Lots

This section is intended to ensure that new lots are regular in shape, size, and orientation, and adhere to the surrounding context.

Lot Size

Unless otherwise provided for in these regulations, all proposed lots shall conform to the bulk and yard regulations of the respective zoning district in the Comprehensive Zoning Ordinance. In areas that are not served by a public sewer, minimum lot and parcel sizes shall be in compliance with the requirements of the Sanitary Code, State of Louisiana.

Lot Shape

1. A lot shall be rectangular or wedge shaped or otherwise consistent with existing lot pattern. Lots that deviate from this norm and may create situations where development is inconsistent with the existing surrounding development may require consideration by the City Planning Commission.
2. Side lot lines of a lot shall run at right angles to the street on which it faces as far as is practicable, or on curved streets, the side lot lines shall be radial to the curve unless a variation to this rule will give a better street and lot plan.
3. Lots may be irregular in shape (i.e., not rectangular or wedge shaped) in the following instances:

i.      In the Central Business Districts, there are no restrictions on lot shapes.

ii.     In non-Suburban zoning districts (except the Central Business Districts), a subdivision proposal that creates an irregular lot may be administratively approved when both of the following conditions are met:

a. The lot is approximately L-shaped or T-shaped

b. The “dogleg” or similar extension from the rectangular portion of the lot has an area that is 40% or less of the area of the rectangular portion.

When either of the above conditions is not met, the subdivision shall be considered by the Commission. It shall be evaluated against the following approval standards. Applications meeting all four standards may be approved.

1. There are special circumstances or conditions affecting the property. Strict compliance would deprive the applicant of reasonable use of the land.

2. The adjustment is necessary for the preservation/ enjoyment of a substantial property right.

3. Approval will not be detrimental to the public welfare or injurious to the other property in the vicinity.

4. That the adjustment will not unreasonably burden city services, including streets.

iii.      In Suburban zoning districts), a subdivision proposal that creates an irregular lot may be administratively approved when both of the following conditions are met:

a. The lot is approximately L-shaped or T-shaped.

b. The “dogleg” or similar extension from the rectangular portion of the lot has an area that is 15% or less of the area of the rectangular portion.

When either of the above conditions is not met, the subdivision shall be considered by the Commission. It shall be evaluated against the following approval standards. Applications meeting all four standards may be approved.

1. There are special circumstances or conditions affecting the property. Strict compliance would deprive the applicant of reasonable use of the land.

2. The adjustment is necessary for the preservation/ enjoyment of a substantial property right.

3. Approval will not be detrimental to the public welfare or injurious to the other property in the vicinity.

4. That the adjustment will not unreasonably burden city services, including streets.

 

Districts	Approval Authority	Percentage	Shape	Approval Standards	Development Plan requirement
Non-Suburban Districts (Except CBD)   • Historic Core • Historic Urban • Commercial Center/ Institutional Campus • Centers for Industry • Open Space • Rural Dev	Administrative	40% max	L- and T- shapes only	None; by-right	Not required
	Commission-level	>40%, and/or	Irregular shapes aside from L- and T- shapes	1.There are special circumstances or conditions affecting the property. Strict compliance would deprive the applicant of reasonable use of the land.  2.The adjustment is necessary for the preservation/ enjoyment of a substantial property right.  3. Approval will not be detrimental to the public welfare or injurious to the other property in the vicinity. 4. That the adjustment will not unreasonably burden city services, including streets.	May be required for irregular lot shapes
Central Business Districts	Administrative	No limit	No limit	None; by-right	Not required
Suburban Districts	Administrative	15% max	L- and T- shapes only	None; by-right	Not required
	Commission-level	>15%, and/or	Irregular shapes aside from L- and T- shapes	1.There are special circumstances or conditions affecting the property. Strict compliance would deprive the applicant of reasonable use of the land.  2.The adjustment is necessary for the preservation/ enjoyment of a substantial property right.  3. Approval will not be detrimental to the public welfare or injurious to the other property in the vicinity. 4. That the adjustment will not unreasonably burden city services, including streets.	May be required for irregular lot shapes

 

Figure 5. Graphic Illustrating the use of the 15% or 40% rule

Creation of L-shapes lots require commission-level review if the dogleg portion of the new lot (shown in light gray) is more than 15% or 40% of the area of the original lot (shown in dark gray), in accordance with the table above.

Flag Lots

Creation of a flag lot shall not be permitted unless it is the only way of creating access to an existing lot that does not have frontage along an improved street. The creation of the flag lot condition must result in the landlocked lot gaining access to an improved street. The pole portion of a flag lot (the actual lot frontage on an approved public or private street) zoned or used for residential purposes must be at least 12 feet wide.  For non-residential uses, the minimum width of the pole portion of the flag lot shall be 24 feet. The minimum lot area shall be that of the underlying zoning district and does not include the flagpole area. Front yard setback shall be measured using the flag portion of the lot and discarding the flag pole portion of the lot. All setback requirements apply.

Change of Lot Frontage

When a resubdivision proposes to change a lot’s frontage from one street to another, the new frontage shall be consistent with the existing lot frontage pattern or an improvement over the established pattern in the same zoning district. Where multiple lots are held in common ownership in a single development site, the front of the development site shall be treated as the lot frontage. The Executive Director shall make the determination as to whether a proposal is consistent with, or an improvement over the established pattern. Proposed change of lot frontage that is generally consistent with the existing lot pattern, as determined by the Executive Director may be approved administratively. Proposed change of lot frontage that  is not generally consistent with the existing lot pattern shall be considered by the City Planning Commission.

Multi-Frontage Lots

Multi-frontage lots that create situations that are inconsistent with the existing surrounding development may require consideration by the City Planning Commission.  There are two types of multi-frontage lots, as listed below:

1. Through Lot (Lot having frontage on two approximately parallel streets). In general development shall be oriented towards both streets. Through lots require review by the City Planning Commission except in the two following instances:
   • In an established urban environment of the city, through lots may be permitted in instances where a similar development pattern already exists in the surrounding area.
   • For institutional, commercial and industrial scale land uses occupying an entire square or portion of square
2. Lot having frontage on two or more approximately perpendicular streets (except corner lots). This type of multi-frontage lots may be deemed appropriate upon a determination that there will not be a substantial negative impact upon neighboring properties. 

Split Zoned Lot

The Planning Commission will approve requests which propose the combination of lots resulting in more than one zoning district on a single lot of record only if the zoning line issue is resolved through a minor map adjustment or a zoning change. The zoning change or minor map amendment must be approved before the final subdivision approval. Exceptions to requiring a zoning change may be applied if the property is subject to a conditional use or planned development superseding the base zoning district regulations, or if other special conditions are found, as determined by the Executive Director of the City Planning Commission.

Substandard Lots

The Planning Commission will not approve requests which propose lots not in compliance with the applicable bulk and yard requirements of the Comprehensive Zoning Ordinance, with the exception of those requests approved under Policy  F of these Subdivision Regulations, or where approval is contingent on the variance of relevant zoning standards by the Board of Zoning Adjustments.

Landscape, Natural Features and Drainage

Preservation of Natural Features and Amenities for Major Subdivision

Existing features that would preserve and add economic, ecological and/or cultural value to the development site or to the surrounding area, such as trees, watercourses, wetlands, historic spots, and similar irreplaceable assets, shall be retained in the design of the subdivision.  For Major Subdivisions requiring submittal of the Master Plan and/or Development Plan/Site Plan, an assessment of economic, ecological and/or cultural values of natural features/historic spots shall be made as a part of the Tentative Plan and Tentative Review process.  No trees shall be removed from the proposed subdivision site nor any change of grade of the land affected until approval of the Tentative Plan has been granted.  All trees on the plan required to be retained shall be preserved, and where required, shall be welled and protected against change of grade.  

Special Flood Hazard Areas

In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations and floodway boundaries and future conditions flood elevations for all subdivision proposals, and other proposed developments greater than five (5) acres).  These studies shall be submitted to FEMA as a request for map revision and the record plan and all permitting documents shall reference the revised floodplain and base flood elevations accepted by FEMA and the City.

Landscaping Within the Newly Constructed Street Right-of-Way

The subdivider shall be required to install permanent landscaping within the newly constructed street right-of-way.  This requirement shall apply for both private streets and streets offered for dedication.  A landscape plan prepared by a licensed Louisiana landscape architect shall be submitted for review and approval by the Planning Commission with concurrence of the Department of Parks and Parkways and the Department of Public Works as a part of the Engineering Plan Approval process (Section 3.2.11).  General standards for landscaping are as follows:

1. Parkway trees shall be planted at the equivalent of one (1) tree for every forty (40) linear feet for shade trees and every twenty-five (25) linear feet for ornamental trees.  Where appropriate, parkway trees may be clustered or spaced differently as determined appropriate or necessary by the Department of Parks and Parkways.  Shade trees are defined as having a height of over forty (40) feet at maturity; ornamental trees are defined as having a height of less than forty (40) feet at maturity.
2. A variety of compatible species should be included in the planting plan for a specific site or development. The selecting of tree species shall be reviewed and approved by the Department of Parks and Parkways with particular regard for site-appropriate species.
3. Tree root guards are required at the edge of any roadway curb, driveway curb or paced sidewalk extending a minimum of two (2) feet below the surface (vertically downward) and for a horizontal distance of six (6) feet in either direction, for small root trees and twelve (12) feet on either direction for trees expected to attain a height of more than twenty-five (25) feet.  Root guard materials must be approved by the Departments of Public Works and Parks and Parkways prior to installation.

Stream and Drainage Improvements and Easements

1. Stream Improvements and Easement Along Streams.  No individual, partnership or corporation shall deepen, widen, fill, reroute or change the location of any existing ditch, stream, drain or drainage canal without first obtaining permission from the Sewerage and Water Board, the City of New Orleans Floodplain Manager, or any other agency having jurisdiction thereover.  Plans for such deepening, widening, filling, rerouting or changing the location of any existing ditch, stream, drain or drainage canal shall comply with the specifications of Sewerage and Water Board or any other agency having jurisdiction thereover.
2. Sewer, Water, Drainage Servitudes.  Any proposed utility servitude must be specifically approved as to location and size by the appropriate department or agency (i.e., the Sewerage and Water Board, the Department of Public Works, Entergy, etc.)  Whenever any existing canal or important surface drainage course is located in an area that is being subdivided, the subdivider shall dedicate a servitude of not less than 50 feet in width along either side of such canal or important surface drainage course.
3. Fences adjacent to open drainage canals, open ditches, etc. Whenever fences are required adjacent to open drainage canals, ditches, or borrow pits, as determined by the Commission or the Sewerage and Water Board, the subdivider must construct a fence according to the following standards:

• The applicable On-Site Development Standards for fences, in Section 21.6.N Fences and Walls of the Comprehensive Zoning Ordinance.
• The fence must contain removable sections located and constructed in such a manner that is acceptable to the Sewerage and Water Board, or the Department of Public Works, or any other governmental agency having jurisdiction thereover.