Changes that Impact Cultural Activities in the New Draft Zoning

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Changes that Impact Cultural Activities in the New Draft Zoning Ordinance
*Note that these are only changes from the previous draft zoning ordinance--not the current CZO--and
this list does not include MaCCNO’s comments on the ordinance, which we will release separately.
Article 4: Applications and Approvals
4.I. Revocation of Conditional Use
Conditional Use of a property can be revoked after one year of abandonment or lack of use, rather than
six months in the earlier draft.
Article 7: Open Space Districts
7.2. Uses
The Greenway Open Space District (OSG) has been created and allows Live Performance Venues,
Standard Restaurants, Outdoor Amphitheaters, and Cultural Facilities as conditional uses.
Article 9: Historic Core Neighborhoods Residential Districts
9.2. Uses
Cultural Facilities have been changed from permitted uses to conditional uses in all districts, which
represent residential areas in the French Quarter, Treme, Marigny and Bywater.
Article 10: Historic Core Neighborhoods Non-Residential Districts
10. B. Use Restrictions; Existing Hotel Uses in Vieux Carre Districts
Hotels with over 30 rooms in VCE, VCS and VCC-2 districts can have live entertainment, but must now
have them in an enclosed ‘structure’, rather than ‘area’—meaning live entertainment must be indoors.
10. B. Use Restrictions; Bars in VCE and VCE-1 Districts
Bars in VCE and VCE-1 (parts of Bourbon St and Decatur St around the House of Blues) must now have
live entertainment at least 4 nights a week.
10. B. HMC-2 District Live Entertainment Limitation
Live Entertainment- Secondary Use and Live Performance Venues are now limited to one per block face
in these areas.
10. B. Uses
Cultural Facility has been moved from conditional use to permitted use in VCC-2, VCS, HMC-1, HMC-2,
and HM-MU. Also added to new category VCS-1.
Article 11: Historic Urban Neighborhoods Residential Districts
11. B. Uses
Artist Community is added as a conditional use in HU-RD2 (two family residential districts)
Article 17: Central Business District
Character of the Central Business District
Language has been included that says the character of the CBD includes, in part, “cultural and
entertainment destinations, including museums, theaters, and music venues”.
17. 2. Purpose Statements
17. 2. A. CBD-1 Core Central Business District
Adds language to show uses include “multifamily housing, retail, entertainment, hotel, government and
institutional uses”
17.2. C. CBD-3 Cultural Arts District
Language has been slightly changed and now reads “The CBD-3 Cultural Arts District is intended to
create a cultural and entertainment destination through the clustering of museum, cultural, performing
arts, and supporting visitor services uses. The CBD-3 District is also intended to accommodate a mixture
of residential, retail, and other commercial uses for residents and visitors. CBD-3 District is specifically
intended to address the music and theater corridor along and adjacent to the intersection of Basin,
Rampart, and Canal Streets, and the arts and museum uses along Magazine Street and Howard Avenue.”
17. 3. Uses
Indoor Amusement Facility has been changed from permitted to conditional use in CBD-5 and added as
a conditional use in CBD-6 and CBD-7.
Outdoor Amusement Facility had been removed as a permitted use in CBD-2.
Live Entertainment – Secondary Use has been changed from permitted use to conditional use in CBD-5
and added as a conditional use in CBD-6.
Live Performance Venue has been added as a conditional use in CBD-1, CBD-2, CBD-5 and CBD-5. It has
been changed from permitted use to conditional use in CBD-6.
Article 18: Overlay Zoning Districts
18.2 Purpose Statements
18.2.G. Purpose of AC-1 Arts and Culture Overlay District
Rampart St. was eliminated for consideration of an AC-1 District. St. Bernard Ave. and Broad St. were
added. St. Claude Ave was moved to a newly created AC-3 district.
18.9 AC-1 Arts and Culture Overlay District
18.9. A. Applicability
The boundary of the overlay on St. Bernard Ave has been changed from Claiborne Ave to Roman St. It
now includes all lots in non-residential districts between N. Rampart/ McShane Place and Roman St.
A new AC-1 overlay has been created on Broad St, which includes all lots in non-residential districts on
Broad from I-10/ Pontchartrain Expressway to Columbus St, as well as non-residential lots fronting
Columbus St from N. Broad to N. Dorgenois.
18.10 AC-2 Arts and Culture Overlay District
The prohibition against go cups from Live Performance Venues and Bars has been lifted.
18.11 AC-3 Arts and Culture Overlay District
This has been newly created specifically for the St. Claude Arts and Culture Overlay District, which covers
all lots in non-residential districts on St. Claude between Press St. and Poland Ave. The AC-3 district is
new in this draft, however there are a number of changes from the St. Claude Overlay present in the
current CZO (too many to list here). We encourage you to examine Section 10.15 St Claude Arts and
Culture Overlay District in the current CZO for a full comparison.
18.12 AC-4 Arts and Culture Overlay District
This is a newly created Overlay designation design specifically to create additional opportunities for live
entertainment in designated commercially zoned areas—both on commercial corridors, but also
commercially zoned sites in neighborhoods where live entertainment has historically existed. Currently,
the only area with AC-4 designation is in Treme, and the boundaries are Orleans/ Basin St, N. Villere, St.
Philip St., N. Rampart St, St. Bernard Ave (excluding properties fronting St. Bernard as they are covered
by the AC-1 Overlay) and both sides of N. Claiborne. This overlay allows Live Entertainment-Conditional
Use in appropriate commercially zoned properties, subject to some limitations, including that all
performances take place between 10AM and midnight.
Article 20: Use Standards
E. Amusement Facility, Indoor or Outdoor
Clarifies impact management plan must be submitted to the Dept. of Safety and Permits, removes some
requirements of the plan (presumably they will instead be determined by Safety and Permits), and
removes prohibition against go-cups.
R. Cultural Facility
In residential areas, hours for events are limited to 8AM to 10 PM on weeknights, 8AM to 10PM on
weekends.
II. Live Entertainment- Secondary Use
Clarifies that the impact management plan is submitted to Safety and Permits, and removes some
requirements of the security and operations plan. Makes outdoor live entertainment within 30 feet of a
residential district a conditional use, and always a conditional use in the French Quarter. The restriction
against go-cups has been lifted.
VV. Reception Facility
Outdoor live entertainment is now allowable with a conditional use.
Article 26: Definitions
Live Entertainment- Secondary Use
Specialty Restaurants are now able to have live entertainment, in addition to standard restaurants,
indoor amusement facilities, and bars. “Any activities performed for the practice or private enjoyment
of the residents of a dwelling or their guests” are now excluded from the definition, meaning no special
permission is required to have music in your own apartment/ home (though other restrictions, such as
the noise ordinance, will still apply). Adult Uses are also not included and will be considered separately.
Spoken word performances are no longer regulated.
It is now allowable to have non-amplified musical accompaniment for patrons in a restaurant EXCEPT in
the French Quarter, where it is still a conditional use (and then, only in VCE—roughly Bourbon St from
Iberville to St. Ann –and VCE-1—roughly Decatur St from Iberville to Conti. Live entertainment would
not be permitted anywhere else in the French Quarter).
Noise Abatement Plan
A definition of a noise abatement plan has been added, and reads as follows: “A plan for implementing
noise control measures, including but not limited to, ceiling/wall/floor sound isolation, sound absorptive
wall treatments, acoustical doors and windows, audio compressors and limiters, directional
loudspeakers, noise barriers, and sound absorbing landscaping, for the purpose of controlling and/or
reducing the impacts of a particular development on adjacent uses”.
Recording Studio
A definition of a recording studio has been added, and reads simply “a facility for sound recording and
mixing”. Recording studios are allowed as permitted uses in VCC-2, VCS, VCS-1, HMC-2, HM-MU, C-1, C2, C-3, MU-1, MU-2, EC, MC, MS and LS districts. They are a conditional use in HU-MU and S-LC.
Supper Club
Supper Clubs have been eliminated from this draft of the Zoning Ordinance.
Please note that written comments are due to the New Orleans City Planning Commission no later
than 5PM on September 2nd. E-mail them to cpcinfo@nola.gov. There will be public hearings on
September 2nd at 6PM and September 9th at 6PM. You will also be able to comment at that time.
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