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OPENING A NEW BUSINESS IN NEW ORLEANS: NECES S ARY ZONING REVIEW AND APPROVAL

OPENING A NEW BUSINESS IN NEW ORLEANS: NECES S ARY ZONING REVIEW AND APPROVAL. A vacant parcel or building in your neighborhood. BEFORE YOU PURCHASE OR LEASE ANY PIECE OF PROPERTY …. Check with your local zoning office to determine if the business or use is allowed on that property.

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OPENING A NEW BUSINESS IN NEW ORLEANS: NECES S ARY ZONING REVIEW AND APPROVAL

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  1. OPENING A NEW BUSINESS IN NEW ORLEANS:NECESSARY ZONING REVIEW AND APPROVAL A vacant parcel or building in your neighborhood

  2. BEFOREYOU PURCHASE OR LEASE ANY PIECE OF PROPERTY… • Check with your local zoning office to determine if the business or use is allowed on that property. • Do not rely on the seller or landlord for this information as they may not be familiar with all the local zoning laws!

  3. STEP 1 : CONTACT SOURCES • Before you commit to the property, contact either the City of New Orleans Department of Safety & Permits (DSP) or the City Planning Commission(CPC). • Determine: • Zoning of the property • Property use • Building restrictions that apply to the property • DSP- Zoning Adm. Phone: (504)658-7125 • CPC Phone: (504) 658-7000

  4. STEP 2 : COMPREHENSIVE ZONING ORDINANCE (CZO) • CZOregulates the use of land in the City of New Orleans. 1)This Ordinance is a set of regulations with attached zoning maps that set forth what uses can be developed and under what circumstances. 2) Find out the zoning of the property to make sure the use you propose is allowed in the district.

  5. WEB ACCESS STEPS STEP 1: The CZO can be found on the City of New Orleans web site at www.cityofno.com STEP 2: Go to the top of the home page to “residents” menu. STEP 3: Use drop down menu and click on the “City Planning Commission.” STEP 4: Once you reach the Planning Commission’s home page, you will find a listing for the CZO.

  6. ZONING MAPS • The Ordinance is divided into Articles corresponding to designations on the City’s Zoning base maps. • Zoning Maps may be viewed at the offices of the CPC, the DSP, or on the City’s web site. • Locate the maps thru a link to an address search from the CPC’s page or you may use the “Community One Page” . The address search portal is located on the City’s home page.

  7. ONLINE SEARCH STEPS • Go to the www.cityofno.com, and scroll down the right side of the page until you see a listing for “Community One” page . • Click on this link, and it will bring you to address search. • Type in the address of the property and the property details will come up.

  8. ONLINE SEARCH STEPS CONTINUE • Use the menu at the top, to bring up the zoning maps. • View the zoning designation shown on the map, as well as listed at the bottom of the pages. • Click on the written designation at the bottom of the page, it will bring you to the regulations for that district on the CZO. • Work with the City’s staff at City Planning or Safety & Permits if you are unsure what the regulations say.

  9. UNDERSTANDING CLASSIFICATIONS • Once you determine the zoning of your property, you will know whether the use you propose is classified as: 1. A permitted use • A conditional use • An accessory use 4. Not classified at all in that zoning category

  10. PERMITTED USE • If the use is classified as permitted, the use is allowed at that site and is subject to compliance with the appropriate standards. • Even though the use is allowed, make sure you understand the required standards. • Understand requirements relative to the location of the building, number or units allowed based on the size of the land, or the number of parking spaces required.

  11. CONDITIONAL USE • If the use is classified as conditional, this means you will need the review of the CPC and the approval of the City Council to be allowed to operate or develop the use. • Contact the CPC staff at (504) 658-7000 or visit the CPC office at 134 Poydras St. , Ste. 900 They will provide you with the appropriate application, explain the process, and work with you on your request.

  12. USES NOT PERMITTED • If the use is not listed as a permitted, permitted accessory, or conditional use, then the use is not allowed at the property you are interested in leasing or buying. • This may be a sign that the site is not right for your proposal. • Please consider this seriously before moving forward with any lease or purchase of the property • Consider making any sale or lease contingent upon your obtaining the proper approvals. • The process of changing the zoning laws is not easy or quick and you do not want to be left holding a piece of property you cannot use.

  13. COMMON MISTAKES Remember your real estate professional is required to disclose the zoning of the property to you. Do not assume that because a property was once used in a particular manner, or that there are others in the area in use in a certain way, that your property can be used that way as well.

  14. OBTAINING PROPER PERMITS • Once you have obtained the appropriate zoning approval, proceed to the Department of Safety and Permits to obtain the proper permits for your business. • If your use is not listed, you may need to obtain a zoning change. • If your use is not listed, however, the kind of business you want to operate currently or once operated at the site, may contain or have contained in the past a non conforming use.

  15. NON CONFORMING USE • Does not conform to the current zoning of the surrounding properties. • Check the rules for nonconforming uses.

  16. HOW TO DECIDE WHAT TO DO WHEN YOUR PROPOSED USE IS NOT ALLOWED AT THE SITE • Look for another site - where the property is already zoned for the use you wish. • Request Zoning Change- change the zoning to a classification that would allow the proposed use. • Request A Text Change- change the rules within the district to allow the use within the zoning district that currently regulates your site.

  17. CONCLUSIONS • Before determining which approach to take, you should consult the City Planning Commission staff. While some proposals may present an immediate solution, others may be more difficult to approve. • Submitting an application to change the zoning or text does not automatically guarantee that you will be granted the change.Please make sure that you do your research before leasing or purchasing any properties.

  18. Special Thanks to The New Orleans City Planning Commission for the information used in this Module.

  19. Presented By George L. Amedee, Ph.D. Project Director Southern University at New Orleans Universities Rebuilding America Partnerships May 2009

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