6.2 Definitions

For the purpose of these regulations, certain terms and words are hereby defined. When a definition is added or modified in the Comprehensive Zoning Ordinance, a corresponding change may be made to these Regulations through an administrative procedure.

 

Abut. To have a common district boundary or lot boundary. For the purposes of this Ordinance, a lot line is considered to abut a zoning district even though it may be separated by any portion of a street, parkway, sidewalk, public way, alley, waterway, or railroad right of way.  The terms adjacent, adjoining, and contiguous have the same meaning as abut.

 

Adequate Public Facilities.  Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision, resubdivision, or development, as determined by the appropriate reviewing agency or department.

 

Adjacent. See “Abut.”

 

Adjoining. See “Abut.”

 

Administrative Approval. The approval of the subdivision granted by the Executive Director of the City Planning Commission and ratified by the Commission.

 

Alley. A way which affords only a secondary means of access to property abutting thereon.

 

Applicant. The owner of land proposed to be resubdivided or his/her/their representative who shall have express written authority to act on behalf of the owner(s).

 

Block. A City-designated square, provided that where a square designation does not exist or cannot be identified, a block is defined as: (1) a portion of land enclosed by rights-of-way, or (2) a portion of land enclosed by any combination of rights-of-way, railroads, canals, bayous, rivers, and boundary lines of the City, whichever is smallest.

 

Bond. Any form of a surety bond, letter of credit, collateral or property in an amount and form satisfactory to the City. All bonds shall be approved by the appropriate City agencies whenever a bond is required by these regulations.

 

Buildable Area. The area of a lot where a structure may be built once the minimum yard and open space requirements of   the Comprehensive Zoning Ordinance (CZO) have been met.

 

Figure 5. Buildable Area

 

 

Building (structure). A structure designed or built or used for the support, enclosure, shelter, or protection of persons, animals, or property.

 

Building Line. A line measured at the building wall of a structure between parallel lot lines. For the purposes of establishing a building line, the building wall does not include permitted encroachments of architectural features, such as uncovered porches, bay windows, eaves, landings, and steps and stoops, however, features with covers and footings are considered part of the building wall and the building line shall be measured from the base of the footing of the covered feature.

 

Common Ownership. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association, or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockholder, partner, or associate owns an interest in each corporation, firm, partnership, entity, or unincorporated association.

 

Comprehensive Zoning Ordinance (CZO). A set of regulations governing the use and development of land within the City of New Orleans (Ordinance No. 4264 M.C.S. as amended).

 

Connectivity. The ability to provide a well-connected movement system which makes connections to adjoining land, local facilities, and surrounding neighborhoods through interconnectivity of the local road, pedestrian and cycle networks.

 

Crosswalk. That part of a roadway or street, generally at an intersection, and striped or marked on the surface indicating for pedestrian travel to access adjacent sidewalks, streets, or properties.

 

Cul-de-Sac. A local street with only one outlet that terminates in a vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic movement.

Contiguous. See “Abut.”

 

Development Plan. A plan or program that provides details for complex or phased development projects, which is intended to aid in the evaluation of a proposal and its impacts on neighboring property, as well as to anticipate the necessary infrastructure systems (road network, drainage, parks and open space, utilities, etc.) that are needed to support the development.

 

Dwelling. A structure, or portion of a structure, designed or used exclusively for permanent residential purposes, including single-family, two-family, townhouse, and multi-family dwellings, but not including trailers, hotels/motels, rooming houses, or automobiles.

 

Digital Copy. A computer-generated copy of the survey in .pdf compatible file format or other digital format deemed acceptable by the Executive Director.

 

Easement/Servitude. A grant of the right to use a strip/portion of land for specific purposes.

 

Engineering Plans. The drawings accompanying a subdivision plan for Major Subdivisions and showing the specific location and design of improvements, which if approved, will be used for construction of the improvements.

 

Executive Director. The Executive Director of the City Planning Commission or his/her designee.

 

Final Subdivision Plan. A survey which depicts the subdivision of land for final approval from the City Planning Commission in accordance with these regulations.

 

Flag Lot.  A lot shaped and designed so that the principal buildable area is set back from the right-of-way on which in fronts and includes a narrow access corridor connecting the main buildable area with the right-of-way. For a flag lot, the lot width dimension is measured at the widest dimension of the lot and yard dimensions are calculated from that point of the lot.

 

Frontage. The property abutting on one (1) side of a street between two (2) intersecting streets. If the street dead-ends, then frontage is considered all the property abutting on one (1) side of the street and the point at which the street dead-ends.

 

Future Land Use Map. A map within the “Plan for the 21st Century” (Master Plan) that shows the distribution of various land use categories (residential, commercial, industrial, mixed-use) desired in the future.

 

Improvements. Street surfacing, curbs and gutters, sidewalks, water mains, sanitary sewers, storm sewers, utilities, monuments, street lighting, landscaping, fencing, and other appropriate items.

 

Lot. A portion of land with fixed boundaries, that is developed or that may be developed with a principal building and any accessory structures, together with open space and parking areas, and having its principal frontage upon an officially approved street.

 

A lot is defined by its legal description in the title of record. When there is a conflict between the written description and the survey or map attached to said title, the plat survey governs.

 

Lot Area. The computed total area contained within the lot lines bounding a lot.

 

Lot, Corner. A lot that abuts two (2) or more streets at their intersection.

 

Figure 6. Interior Lot and Corner Lot

 

Lot, Depth.  The average distance between the front and rear lot lines.

 

Lot Designation. The letter(s), number(s), or combination thereof, used to identify a lot.

 

Lot Lines. The property lines bounding a lot.

 

Lot, Multi-Frontage. A lot that has frontage on more than one street. “Through lots” or “double-frontage” lots are types of multi-frontage lots. Corner lots are not considered to be multi-frontage lots.

 

Lot of Record. A lot which is part of a subdivision, the plan of which has been recorded in the Orleans Parish Civil District Court, Land Records Division; or a parcel of land which became legally established and defined by deed or Act of Sale on or before May 4, 1950.

 

Lot, Through. A lot having a frontage on two (2) approximately parallel streets or places.

 

Figure 7. Through Lot

 

 

 

Lot Width. The horizontal distance between side lot lines measured at the required front yard and parallel to the front property line, or measured at the front property line if no front yard is required. For cul-de-sac lots or pie-shaped lots, lot width is measured at the front building line of the structure between side lot lines.

 

Major Subdivision.  A subdivision has at least one of the following characteristics:

• It is proposed to divide existing lot(s) into six or more new lots;
• It includes a site over two acres in size;
• It includes a site formed by eleven or more lots;
• The subdivision proposes the creation of a new street (public or private);
• The subdivision proposes any other type of public improvement.

 

Minor Subdivision. A subdivision that has all the following characteristics:

• The subdivision is proposed to:

o      shift lot boundaries or change lot designations without changing the number of lots; or

o      consolidate existing lots into a lesser number of new lots; or

o      divide existing lots into five or fewer new lots.

• The parcel to be subdivided is two acres in size or less and formed by ten or fewer lots; and
• The subdivision does not create any new streets (public or private) or public improvement.

 

Open Space. Those areas of a lot open and unobstructed from grade level upward, unless otherwise permitted by this Ordinance. Mechanical equipment, dumpsters, or service areas are prohibited in required open space areas. For townhouse and multi-family dwellings that are required to provide open space for each dwelling unit, open space may include areas on decks, balconies, uncovered porches, and roofs that are accessible and usable by occupants. When located at ground level, the required open space area shall be substantially covered with grass, live groundcover, shrubs, plants, trees, or usable outdoor hardscape features or amenities, such as seating areas, patios, or pools. Off-street parking and loading areas, driveways or required landscape for parking lots and screening do not satisfy open space requirements. Bollards, curbs, wheel stops, or other similar features shall be provided to ensure that required open space areas are not used for off-street parking or any other vehicular use.

 

Owner. The owner of the Title to real property

 

Party Wall. A wall extending from basement or cellar to roof without doors, windows, or other provisions for human passage or visibility through such wall, and where the roof may extend from one dwelling unit to another.

 

Pedestrian Way.  A right-of-way within a block dedicated to public use and intended to provide pedestrian access to adjacent roads, lots, or public areas.

 

Permeable Open Space. Those areas of a lot open and unobstructed at grade level upward, unless otherwise permitted by this Ordinance.  The required permeable open space area shall be substantially covered with grass, live groundcover, shrubs, plants, trees, or permeable outdoor hardscape features or amenities, such as seating areas, un-roofed decks constructed of wood slats over undisturbed ground, pools, and patios. Off-street parking and loading areas, driveways or required landscape for parking lots and screening may satisfy permeable open space requirements if permeable paving is used. 

 

Permeable Paving. A pavement system designed to allow movement of stormwater through the pavement surface and into an aggregate base.  Concrete bases and mortar are prohibited.  Materials include but are not limited to pervious concrete and asphalt, aggregate if stabilized with a grid-system that prevents compaction and washout; and permeable pavement, such as open-jointed blocks, pavers, or bricks that provide void spaces between to allow stormwater infiltration.

 

Planned Development. A development approved by the New Orleans City Council pursuant to the provisions of Article 5 of the Comprehensive Zoning Ordinance.

 

Planning Advisory Committee (PAC). An advisory technical committee comprised of representatives of various City departments and related agencies, which reviews all development proposals involving public land, including the opening of new streets, or closing of the existing ones. The PAC determines the proposal’s compliance with the existing departmental regulations and makes recommendations to the Planning Commission regarding any conditions for approval of the request.

 

Plat. See Survey

 

Preliminary Subdivision Plan Approval. An initial approval step that does not constitute final acceptance of the subdivision plan by the City, and this plan shall not be recorded. The applicant is required to receive Final Subdivision Plan Approval from the City Planning Commission prior to recording the survey or selling lots.

 

Property lines. See Lot Lines

 

Public Improvement.  Any land and improvements thereon dedicated to the public and accepted by a governmental entity, including (but not limited to) streets, parks, schools, and open space.

 

Public Realm. All areas to which the public has open access including, but is not limited to, streets, pedestrian ways, bikeways, bridges, plazas, nodes, squares, transportation hubs, gateways, parks, waterfronts, natural features, view corridors, landmarks, and building interfaces.

 

Registered Land Surveyor. A professional land surveyor properly licensed and registered by the State of Louisiana.

 

Resubdivision.  In addition to being synonymous with "subdivision", means and shall also include the consolidation of two or more lots, plats, tracts, parcels, or other divisions of land into one or more lots, plats, tracts, parcels, or other divisions of land.

 

Right-of-Way. Right-of-way is the area between the boundary lines of a publicly or privately owned street, or easement.

 

Septic Tank System. An individual sewage system which consists of a septic tank and an acceptable method of septic tank effluent treatment or disposal. A conventional septic tank system is a septic tank connected to a subsurface absorption field.

 

Sewage System, Individual. Individual Sewage System means any system of piping (excluding plumbing within a building), treatment device or other facility that conveys, stores, treats, or disposes of sewage on the property where it originates, and which utilizes the individual sewage system technology.

 

Sewage System, Private. Private Sewage System means a collection and/or treatment facility which is owned, operated, maintained, and managed by a private individual or individuals or entity (partnership, corporation, etc.).

 

Stormwater Management. Any technique, apparatus, or facility that controls and/or manages the path, storage, or rate of release of stormwater runoff and include storm sewers, retention/detention basins, drainage swales and bioswales, rainwater reuse systems, drainage channels, inlet or outlet structures, and other similar techniques and facilities.

 

Street. A public or private thoroughfare which affords the principal means of access to abutting property, subject to applicable standards of the Departments of Public Works, Safety and Permits, and any other relevant agencies.

 

Street Line.  A property line separating a lot from an abutting street right-of-way.

 

Street, Stub. A street segment, usually relatively short in length, which terminates at the boundary of a subdivision or site plan. The purpose of stub streets is to ultimately connect to abutting property when it is developed.

 

Street Lighting System(s). The lamps, luminaries, photo controls, bracket arms, supports, poles and related hardware used to provide roadway, sidewalk, and/or parkway lighting.

 

Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground.

 

Subdivision.  The division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development, and, with regard to parishes, for the purpose of sale or of building development for purposes other than agricultural. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

 

Survey. A graphical depiction of property prepared by a licensed land surveyor showing the property’s location, dimensions, bounding streets, and square and lot numbers (as applicable), consistent with state law.

 

Use. The purpose or activity for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained.

 

Utility. Basic services such as electricity, gas, sewer, or water, or the company that provides such a service.

 

Vacant. A lot or a building, or a portion of a lot or of a building, that is not actively occupied by or maintained for any use. The determination of vacancy for nonconforming uses or structures, or a portion thereof, is supported by evidence, deemed satisfactory to the Director of the Department of Safety and Permits including, but not limited to the following: the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use that are not  replaced; the turning off, disconnection, or removal of the previously connected utilities; the lack of a valid certificate of occupancy;  and  the lack of business receipts, other business records or any necessary licenses that provide evidence that the use is in continual operation.

 

Vicinity Map.  A map showing the general location of the proposed subdivision.

 

Waiver. The modification of the requirements of the Subdivision Regulations pursuant to Section 1.12.

 

Waterway. Any body of water, including any bayou, creek, canal, river, lake, or bay, natural or artificial, except a swimming pool or ornamental pool located within a single lot.

 

Wetland. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal condition do support, a prevalence of vegetation typically adapted for life in saturated soil condition, and which boundaries are determined by Army Corps of Engineers wetland delineation criteria.

 

Yard. Open space located at grade between a structure and the adjoining lot lines, unoccupied and unobstructed from the ground upward, unless otherwise permitted by this Ordinance. (See Figure 8).

 

Yard, Corner Side. The required minimum distance a principal building shall be located from a corner side lot line. The corner side yard extends along the corner side lot line between the front yard and the rear lot line, for the required minimum depth, as specified for the district in which such lot is located, measured perpendicular to the corner side lot line (See Figure 8)

 

Yard, Front. The required minimum distance a principal building shall be located from a front lot line. The front yard extends the full width of the lot between side lot lines for the required minimum depth, as specified by the zoning district in which such lot is located, measured perpendicular to the front lot line. On corner lots the front yard is provided facing the street upon which the lot has its lesser dimension. On a through lot, both yards that face a street are considered a front yard and subject to the minimum front yard requirements of the zoning district. (See Figure 8).

 

Yard, Interior Side. The required minimum distance a principal building shall be located from an interior side lot line. The interior side yard extends along an interior side lot line between the front and rear yards, for the required minimum depth, as specified for the district in which such lot is located, measured perpendicular to the interior side lot line. (See Figure 8)

 

Yard, Rear. The required minimum distance a principal building shall be located from a rear lot line. The rear yard extends between the side lot lines for the required minimum depth, as specified by the zoning district in which such lot is located, measured perpendicular to the rear lot line. On both corner lots and interior lots, the rear yard is, in all cases, at the opposite end of the lot from the front yard. (See Figure 8)

 

Figure 8. Yards