Neighborhood Conservation District Committee Enabling Legislation
Sec. 26-3. Neighborhood Conservation district (NCD).
(a) The boundaries for the NCD shall encompass the area generally bounded, on the east bank of the Mississippi River, by the Orleans/Jefferson Parish line, Metairie Road, Interstate 10, Norfolk-Southern Railroad track, Orleans Avenue, City Park Avenue, Wisner Boulevard, Interstate 610, Florida Boulevard, the Orleans/St. Bernard Parish line, and the Mississippi River; on the west bank, the neighborhood conservation district shall encompass the area generally bounded by Atlantic Boulevard, Bodenger Boulevard, the Orleans/Jefferson Parish line, and the Mississippi River, as well as all National Register Historic Districts that are on the National Register of Historic Places, pursuant to 16 U.S.C. 470, et seq., section 26-11, and other applicable laws. Any National Register Historic Districts created after the adoption of this section shall be included within the boundaries as well. In addition to the Gentilly Terrace National Register District, the following area shall be deemed to be part of the Neighborhood Conservation District (NCD): Elysian Fields Avenue at Gentilly Boulevard, north along Elysian Fields Avenue to Filmore Avenue, east along Filmore Avenue to Peoples Avenue, south along Peoples Avenues to Gentilly Boulevard, along Gentilly Boulevard to origin at Elysian Fields and those properties fronting on bounding streets.
(b) The purpose of the NCD shall be:
(1) To attempt to preserve those buildings within the NCD having a historical or architectural value as defined by the historic district landmarks commission or buildings that contribute to the overall character of the neighborhood.
(2) To preserve and stabilize neighborhoods through the protection of those structures that represents the character and quality of the neighborhood.
(3) To promote redevelopment that contributes to the historic character of the neighborhood.
(4) To discourage underutilization of property in an urban environment.
(5) To advise the City Council of New Orleans as it deems appropriate and necessary concerning issues related to the conservation of neighborhoods within the NCD.
(c) All applications, save properties owned by the Road Home Corporation, requesting review by the neighborhood conservation district committee (NCDC) shall pay an application review fee to safety and permits of $250.00 per residential property and $500.00 per commercial property.
(Ord. No. 19,791, § 1, 8-3-00; M.C.S., Ord. No. 22882, § 1, 11-1-07; M.C.S., Ord. No. 23005, § 1, 2-21-08; M.C.S., Ord. No. 23764, § 1, 11-5-09; M.C.S., Ord. No. 23820, § 1, 12-1-09)
Sec. 26-4. Composition of the neighborhood conservation district committee (NCDC).
The NCDC shall be created within the department of safety and permits. The director of the department of safety and permits shall cause coordination of the NCDC process.
(a) The NCDC shall be composed of 13 members and shall include five community representatives to be appointed by each of the district council members; these representatives must be domiciled within the respective council district from which they have been appointed. Each councilmember at-large shall appoint one community representative and the mayor shall appoint one community representative; all community representatives must be domiciled in Orleans Parish and shall be approved by the city council; and one representative from each of the following city departments:
(1) Department of safety and permits;
(2) Office of code enforcement;
(3) Historic district landmarks commission;
(4) City planning commission; and
(5) Department of health.
(b) The terms of the community representatives shall commence on April 1, 2008. Vacancies on the commission shall be filled for the remainder of the unexpired term(s).
(1) The initial terms of the community representatives shall be as follows:
i. The community representatives selected by the councilmembers representing districts D and E shall serve one-year terms expiring on April 1, 2009;
ii. The community representatives selected by the at-large councilmembers shall serve two-year terms expiring on April 1, 2010;
iii. The community representatives selected by the councilmembers representing districts C and B shall serve three-year terms expiring on April 1, 2011; and
iv. The community representatives selected by the councilmember representing district A and the mayor shall serve four-year terms expiring on April 1, 2012.
(2) All terms after the initial terms shall be for a period of four (4) years.
(Ord. No. 19,791, § 1, 8-3-00; M.C.S., Ord. No. 23005, § 1, 2-21-08)
Sec. 26-5. Organization of the NCDC; officers; rules.
(a) The NCDC chairperson shall be elected by the committee members every year and shall serve no greater than two consecutive years as the chairperson.
(b) Seven members present shall constitute a quorum.
(c) The NCDC shall adopt rules, policies, and procedures governing its officers and city staff advisors, the organization of the committee, and the transaction of its business as it deems necessary. Those rules, policies, and procedures and amendments thereto shall be effective upon ratification by city council motion and made available to the public upon request and shall be available on the city’s website. The director of the department of safety and permits shall be responsible for the operation and implementation of said rules, policies, and procedures.
(d) In absence of any provision of the rules, policies, and procedures adopted by the NCDC to the contrary, the rules of procedure provided by Robert’s Rules of Order shall govern NCDC hearings to the extent that such rules are not incompatible with sections 26-3 through 26-7.
(e) The NCDC hearings shall convene twice per month, unless the NCDC adopts rules to meet more or less frequently. NCDC hearings shall be held in the city council chamber on the first and third Monday of each month and shall be recorded and televised.
(f) A current comprehensive index of all decisions made by the NCDC shall be maintained. A listing of the decisions shall be made available on the city’s website within five business days after the hearing.
(g) The NCDC shall submit an annual report to the city council housing and human needs committee on or before the end of each calendar year summarizing the committee’s work, the effectiveness of the review procedures, and any recommendations for amendments to the NCDC procedures or geographic boundaries.
(h) NCDC hearings shall be open to the public and subject to all relevant state and municipal laws regulating the same.
(i) Minutes of the NCDC hearings shall be taken, recorded, and adopted by the NCDC at the subsequent hearing.
(Ord. No. 19,791, § 1, 8-3-00; M.C.S., 23005, § 1, 2-21-08)
Sec. 26-6. Notice of NCDC hearings.
(a) Notice, as used in this section, shall be the identification of all properties that are scheduled to be considered by the NCDC. Information that is required to be included on the notice shall be the date, time, and location of the hearing and the municipal addresses of all properties to be considered.
(b) For applications that are initiated by a city agency or government entity, no less than ten business days prior to the first hearing, a letter shall be sent to the property owner via regular or certified mail to the last known address verified by the tax assessor records. This letter shall include the reason for the application; the date, time, and location of the NCDC hearing; the municipal address of the property to be considered for demolition; and contact information of the city agency or government entity that is initiating the demolition application. The department of safety and permits is encouraged to include in this letter a listing of pro-bono, nonprofit, and/or volunteer organizations that may be helpful to the property owners receiving the letter.
(c) Notice of the hearing shall be provided to all interested persons, organizations and neighborhood associations who have registered in writing with the department of safety and permits via traditional or electronic request to receive regular notices of NCDC hearings. The department of safety and permits shall provide notice electronically, by facsimile, or by regular mail no less than five business days prior to the hearing.
(d) Notice shall be placed in the official journal and on the city’s website not less than five business days prior to the hearing. No properties may be added to the agenda after notice has been issued in this manner.
(e) All agendas shall be publicly archived on the city’s website.
(f) Notice shall also include a sign, no smaller than a standard-sized paper (eight and one-half by 11 inches), shall be posted on the front of the building which is the subject of the demolition application to be considered by the NCDC. This notice shall be posted no less than five business days prior to the NCDC hearing at which the demolition application will be considered.
(g) Prior to consideration of a demolition application for any building, the NCDC shall obtain proof that such notices were properly provided.
(Ord. No. 19,791, § 1, 8-3-00; M.C.S., Ord. No. 21549, § 1, 5-20-04; M.C.S., Ord. No. 22131, § 1, 1-19-06; M.C.S., Ord. No. 22196, § 1, 4-20-06; M.C.S., 23005, § 1, 2-21-08)
Sec. 26-7. Criteria; procedure; appeals.
(a) Applications for demolition permits within the NCD shall be evaluated according to the following criteria:
(1) The current condition of the structure as evidenced by photographs provided to the NCDC members at the hearing;
(2) The architectural significance of the subject structure;
(3) The historical significance of the subject structure;
(4) The urban design significance of the structure as it relates to:
i. Pedestrian perception and movement;
ii. Height, area and bulk of the structure and how it relates to the street scene, traffic, and to other buildings in the vicinity;
(5) The neighborhood context of the subject structure, including the condition and architectural, historical and urban design significance of other structures in the vicinity of the subject structure;
(6) The overall effect on the block face;
(7) The proposed length of time the subject site is anticipated to remain undeveloped;
(8) The proposed plan for redevelopment; and
(9) The stated position of adjacent neighbors, neighborhood associations, or other interested individuals or organizations, either provided in writing in advance, or during public comment at the hearing.
(b) The NCDC shall approve or deny the demolition application by a vote of two-thirds of the members present. If the NCDC does not approve or deny the application within 60 calendar days of the first hearing date set for the application, it shall be considered denied.
(c) Demolition applications shall be approved by NCDC resolution. Such resolutions may contain conditions or provisos governing the redevelopment of the property.
(d) Appeals.
(1) After a denial by the NCDC, no new application for a demolition permit may be filed for the same building within six months of the original application. The applicant may appeal a denial by the NCDC to the city council within 30 calendar days of the action of the NCDC. The city council shall act upon the appeal by motion within 60 calendar days of the filing of the appeal; however, failure of the city council to act on the appeal within this time frame shall be considered a denial.
(2) Within 15 calendar days of a final decision of the city council, any party, including adjacent property owners, neighborhood associations, or other interested individuals or organizations aggrieved by the decision of the city council may appeal that decision to the Civil District Court for the Parish of Orleans. An appeal of a final decision of the city council shall not effect a stay of such decision, unless specifically authorized by the city council or ordered by the court.
(Ord. No. 19,791, § 1, 8-3-00; M.C.S., 23005, § 1, 2-21-08)
Sec. 26-8. Permits for demolitions.
(a) Permits.
(1) All applications for the demolition of any structure located within the NCD shall be reviewed subject to the exceptions listed in subsection 26-8(b).
(2) The applicant shall obtain the demolition permit within one year of the passage of the NCDC resolution. If the applicant fails to do so, the application approval shall be deemed null and void.
(b) Exceptions from review.
(1) Single-story accessory structures that are not visible from the public right-of-way and/or not used for residential or commercial space;
(2) Partial demolition (defined as less than 50 percent of the floor area of the structure and not including the front facade);
(3) Structures located within an HDLC jurisdiction;
(4) Structures in the Central Business district which are under the demolition review procedures set forth in section 26-2;
(5) Structures that have been determined to be in imminent danger of collapse in accordance with section 26-166, and which have been inspected by an independent third party structural engineer under contract to the department of safety and permits and confirmed to be a threat to public safety. This shall not be necessary for those structures that have already collapsed. The report of the third party engineer shall be submitted to the department of safety and permits, and if that engineer deems any of those structures not to be in imminent danger of collapse or a risk to public safety, a demolition permit shall not be issued by the department of safety and permits, and those structures will be submitted to the neighborhood conservation district review committee for determination of said demolition. All structures determined by this process to be in imminent danger of collapse shall be posted with notice of that determination, until the time of the demolition.
(c) [Postdemolition permit.] If demolition occurs or commences on structures subject to section 26-2 through 26-12 without all necessary and proper permits, the director of the department of safety and permits shall issue a post-demolition permit. Such permit shall cost ten percent of the appraised building assessment as recorded by the tax assessor. Failure to obtain said permit shall result the city issuing a permit at its expense; in which event the city may file an affidavit by the director of the department of safety and permits to this effect in the office of the recorder of mortgages for Orleans Parish, which notice shall constitute a lien and privilege against the property.
(1) For extenuating circumstances, the NCDC may modify the fees described in subsection 26-8(c) upon an application by the property owner.
i. An application for modification of a postdemolition permit fee must be made to the NCDC within 30 days of the assessment of said fee.
ii. The NCDC shall approve or deny the application for fee modification by a majority vote of the members present.
iii. If the NCDC does not approve or deny the application within 60 calendar days of the first hearing date set for the application, it shall be considered denied.
(2) After a denial by the NCDC, the applicant may appeal a denial of fee modification by the NCDC to the city council within thirty (30) calendar days of the action of the NCDC. The city council shall act upon the appeal by motion within 60 calendar days of the filing of the appeal; however, failure of the city council to act on the appeal within this time frame shall be considered a denial.
(Ord. No. 19,791, § 1, 8-3-00; M.C.S., 23005, § 1, 2-21-08; M.C.S., Ord. No. 23327, § 1, 11-20-08)
Sec. 26-9. Violations of conditions contained in the NCDC resolution.
The applicant shall obtain the necessary permits to meet conditions or provisos stated by the NCDC resolution within 18 months from the date of the hearing, or longer as deemed necessary and provided by the NCDC resolution. The department of safety and permits shall not issue building permits that are inconsistent with the NCDC resolution and shall have the ability to enforce the conditions or provisos stated therein.
(M.C.S., Ord. No. 22226, § 1, 5-3-06; M.C.S., Ord. No. 22882, § 2, 11-1-07; M.C.S., 23005, § 1, 2-21-08)
Sec. 26-10. Penalties.
The director of safety and permits shall prosecute any violations of sections 26-2 through 26-9 in accordance with the administrative adjudication procedures established in chapter 6 of the Code of the City of New Orleans.
No building permits shall be issued unless and until all fees resulting from unpermitted demolition or commencement of demolition of any structure within the NCD have been paid.
(M.C.S., Ord. No. 22226, § 1, 5-3-06; M.C.S., 23005, § 1, 2-21-08)
Sec. 26-11. National Register districts.
The National Register district shall encompass areas located within the following boundaries and any National Register Districts created in the future:
CBD. The area bounded by Camp Street, Howard (Andrew Higgins), Convention Center Boulevard, and the Pontchartrain Expressway.
Carrollton. The area bounded by Leake Avenue, the Orleans-Jefferson parish line, Earhart Boulevard, and Lowerline Street.
Uptown. Tchoupitoulas Street from Louisiana Avenue to State Street, State Street to the riverfront railroad tracks, the riverside railroad tracks to Henry Clay Avenue, Henry Clay Avenue to Tchoupitoulas Street, Tchoupitoulas Street to the Audubon Park boundary, the Audubon Park boundary to the riverfront, the riverfront to Lowerline Street, Lowerline Street to South Claiborne Avenue, South Claiborne Avenue to Louisiana Avenue, and Louisiana Avenue to Tchoupitoulas Street.
The Garden District. The area bounded by the lake side of Magazine Street between Josephine Street and Louisiana Avenue, the rear property lines of buildings on the uptown side of Louisiana Avenue, the lakeside of Carondelet Street, and the downtown side of Josephine Street.
Central City. South Claiborne Avenue from Martin Luther King Boulevard to Washington Avenue, Washington Avenue from South Claiborne Avenue to LaSalle Street, LaSalle Street from Washington Avenue to Louisiana Avenue, Louisiana Avenue from LaSalle Street to Carondelet Street, Carondelet Street from Louisiana Avenue to Josephine Street, Josephine Street from Carondelet Street to St. Charles Avenue, the rear property lines of buildings on the riverside of St. Charles Avenue from Josephine Street to the Pontchartrain Expressway, the Pontchartrain Expressway from St. Charles Avenue to Simon Bolivar, Simon Bolivar from the Pontchartrain Expressway to Martin Luther King Boulevard, and Martin Luther King Boulevard from Simon Bolivar to South Claiborne Avenue.
The Lower Garden District. St. Charles Avenue from the Pontchartrain Expressway to St. Andrew Street, the rear property lines of properties on the uptown side of St. Andrew from St. Charles Avenue to Magazine Street, Magazine Street to Jackson Avenue, the rear property lines of buildings on the uptown side of Jackson Avenue from Magazine Street to Tchoupitoulas Street, Tchoupitoulas Street from Jackson Avenue to Race Street, Race Street from Tchoupitoulas Street to Annunciation Street, Annunciation Street from Race Street to the Pontchartrain Expressway, and the Pontchartrain Expressway from Annunciation Street to St. Charles Avenue.
Mid-City. St. Louis Street to North Claiborne Avenue to North Broad Avenue, North Broad Avenue from St. Louis Street to Conti Street, Conti Street from North Broad Avenue to N. Virginia Street, N. Virginia Street from Conti Street to Rosedale Drive, Rosedale Drive from N. Virginia Street to Conti Street, Conti Street from Rosedale Drive to N. Virginia Street, N. Virginia Street from Conti Street to Bienville Avenue, Bienville Avenue from N. Virginia Street to City Park Avenue, City Park Avenue from Bienville Street to Conti Street, Conti Street from City Park Avenue to Bernadotte Street, Bernadotte Street from Conti Street to Interstate 10, Interstate 10 from Bernadotte Street to Tulane Avenue, Tulane Avenue from Interstate 10 to Cortez Street to Jeff Davis Parkway, Jeff Davis Parkway to Perdido Street, Perdido Street from Jeff Davis Parkway to Galvez Street, Galvez Street from Perdido Street to Tulane Avenue, Tulane Avenue from Perdido Street to South Claiborne Avenue, and South Claiborne Avenue to St. Louis Street.
Parkview. City Park Avenue from Moss Avenue to St. Louis Street, St. Louis Street from City Park Avenue to North Carrollton Avenue, North Carrollton Avenue from St. Louis Street to Toulouse Street, Toulouse from North Carrollton Avenue to North Hagan Street, North Hagan Street from Toulouse Street to Lafitte Street, Lafitte Street from North Hagan Street to North Rocheblave Street, North Rocheblave Street from Lafitte Street to Orleans Avenue, Orleans Avenue from North Rocheblave Street to Moss Avenue, and Moss Avenue from Orleans Avenue to City Park Avenue.
New Marigny. The rear property lines of buildings on the lake side of St. Claude Avenue between St. Bernard Avenue and Press Street, Press Street from St. Claude Avenue to North Tonti Street, North Tonti Street from Press Street to St. Roch Avenue, the rear property lines of buildings on the downtown side of St. Roch Avenue between North Tonti Street and Florida Avenue, Florida Avenue from the rear property lines of buildings on the downtown side of St. Roch Avenue and buildings on the uptown side of St. Roch Avenue, the rear property lines of buildings on the uptown side of St. Roch Avenue between Florida Avenue and North Tonti Street, North Tonti Street from St. Roch Avenue to Interstate 10, Interstate 10 from North Tonti Street to St. Bernard Avenue, and St. Bernard Avenue from Interstate 10 to St. Claude Avenue.
South Lakeview. The area bounded by the Norfolk-Southern Railroad tracks from where they intersect the northbound lane of Canal Boulevard, southward to where they cross Virginia Court between Rosedale Drive and Clayton Street, north on Virginia Court to Clayton Avenue, east on Clayton Avenue to General Diaz Street, north on General Diaz Street to Hidalgo Street, west on Hidalgo Street to Canal Boulevard, and north on Canal Boulevard to the Norfolk-Southern Railroad Bridge.
(M.C.S., Ord. No. 20511, § 1, 1-3-02; M.C.S., Ord. No. 23005, § 1, 2-21-08)
Editor’s note: M.C.S., Ord. No. 20511, § 1, adopted Jan. 3, 2002, added § 26-9 to the Code. Inasmuch as §§ 26-9 and 26-10 already existed, the new material was designated as § 26-11 at the editor’s discretion.
