(a)

Purpose of provisions. It is the intent of the provisions of this section to provide for the development of a total planned project which departs from the standard or traditional types of development of residential areas. Examples of such building groups that might be erected under the provisions of this section are townhouses, cluster housing, condominiums, and zero lot line housing.

(b)

Limitations: Planned Unit Developments are limited to the following zoning districts: R-2, R-2M, R-3, R-3M, C-1, C-2, C-3, C-4 and C-5, however, excluding mobile home parks, apartments, commercial buildings, and any future additions undertaken by an owner of an individual dwelling unit.

(City Code 1965, App. A, art. V(A), § A)

State Law reference— Zoning of condominiums, R.S. 9:1121.106.

(a)

District regulations. The provisions of this section waive the applicable district requirements for yard requirements and spacing of structures when certain conditions herein set forth are met.

(b)

Project eligibility. The owner or owners of any tract of land with the availability of all public services and utilities is eligible for a project under this article.

(c)

Design criteria.

(1)

Townhouses:

a.

Not more than four (4) units under one (1) common roof shall be constructed; no more than eight (8) units may be adjoining;

b.

The minimum width for a lot on which a townhouse is to be constructed shall be twenty-five (25) feet;

c.

No development shall exceed twelve (12) living units on one (1) acre;

d.

No portion of a building or accessory structure in or related to one (1) group of contiguous dwelling units shall be located closer than fifteen (15) feet to any portion of another building or accessory structure related to a group of contiguous dwelling units;

e.

All structures within the development must front on either a dedicated street or a nondedicated designated passageway for vehicular traffic and shall be located no less than twenty (20) feet from the property line. However, in such cases where the required off-street parking spaces are both located beyond the front of the dwelling unit, the minimum required front yard depth may be reduced to ten (10) feet;

f.

There shall be maintained two (2) parking spaces per dwelling unit with one (1) of the parking spaces being located beyond the front setback of the unit:

1.

All driveways when provided are required to be a minimum of twenty (20) feet in length, measured from inside the sidewalk into the building site, in order to prevent vehicles from extending across the sidewalk or into the street and interfering with pedestrian or traffic flows;

2.

There shall be provided guest and recreational vehicle parking of sufficient amount to serve the development;

g.

There shall be a twenty-five-foot setback along the sides and rear of each building site wherever it adjoins any R-1, C-2, C-3, I-1 or I-2 zoning district;

h.

Each dwelling unit shall have at least two hundred (200) square feet of recreation area. Such area shall not be used for off-street parking or for any accessory structure, nor shall it be contained in any portion of the required front yard;

i.

The development shall have provided fire hydrants subject to the specifications of the fire department;

j.

The development shall have provided sidewalks so as to protect pedestrians from vehicular traffic; such sidewalks are required to be separated by a green space no smaller than three (3) feet in width from the vehicular ways, and are to be constructed at least three (3) feet in width and four (4) inches thick;

k.

Wherever the boundary of the development is conterminous with the boundary of an R-1, C-1, C-2, C-3, C-4, C-5, I-1 or I-2 zoning district, screen planting at least eight (8) feet in height in two (2) years and of density to afford protection from the glare of lights, from blowing papers, dust and debris, or a brick, perforated brick or wooden fence at least eight (8) feet in height shall be provided for buffer protection;

l.

All facilities for vehicular circulation are subject to the provisions of this chapter;

m.

All structures within the development shall be so arranged as to provide accessibility to emergency vehicles; such accessibility shall be subject to the specifications of the fire department.

(2)

Condominiums: The provisions of this section apply to those developments whereby only air space is subject to individual ownership.

a.

No development shall exceed twenty (20) units on one (1) acre;

b.

No portion of a building or accessory structure in or related to one (1) group of contiguous dwelling units shall be located closer than fifteen (15) feet in any portion of another building or accessory structure related to a group of contiguous dwelling units;

c.

All structures within the development must front on either a dedicated street or a nondedicated designated passageway for vehicular traffic and shall be located no less than twenty (20) feet from the front property line;

d.

There shall be a twenty-five-foot setback along the sides and rear of each building site wherever it adjoins any R-1, C-2, C-3, I-1 or I-2 zoning district;

e.

There shall be maintained a minimum of two (2) off-street parking spaces per dwelling unit; no parking shall be located in any part of the front yard;

f.

There shall be provided guest and recreational vehicle parking of sufficient amount to serve the development;

g.

The development shall provide a recreation area; such area shall not be used for off-street parking for any accessory structure, nor shall it be contained in any portion of the required front yard; this area may contain facilities such as swimming pools, tennis courts, bathhouse and/or clubhouse;

h.

The development shall have provided fire hydrants subject to the specifications of the fire department;

i.

The development shall have provided sidewalks so as to protect pedestrians from vehicular traffic; such sidewalks are required to be separated by a green space no smaller than three (3) feet in width from the vehicular ways, and are to be constructed at least three (3) feet in width and four (4) inches thick.

j.

Whenever the boundary of the development is conterminous with the boundary of an R-1, C-1, C-2, C-3, C-4, C-5, I-1 or I-2 zoning district, screen planting at least eight (8) feet in height in two (2) years and of density to afford protection from the glare of lights, from blowing papers, dust, debris, or a brick, perforated brick or wooden fence at least eight (8) feet in height shall be provided for buffer protection;

k.

All facilities for vehicular circulation are subject to the provisions of this chapter;

l.

All structures within the development shall be so arranged as to provide accessibility to emergency vehicles; such accessibility shall be subject to the specifications of the fire department;

(3)

Zero lot line and cluster housing:

a.

No development shall exceed eight (8) living units on one (1) acre;

b.

The minimum width for a lot on which a dwelling unit is to be constructed shall be twenty-five (25) feet;

c.

All structures within the development must front on either a dedicated street or a nondedicated designated passageway for vehicular traffic and shall be located no closer than twenty (20) feet from the property line. However, in such cases where the required off-street parking spaces are both located beyond the front of the dwelling unit, the minimum required front yard depth may be reduced to ten (10) feet;

d.

There shall be maintained two (2) parking spaces per dwelling unit, with one (1) of the parking spaces being located beyond the front setback of the unit:

1.

All driveways, when provided, are required to be a minimum of twenty (20) feet in length, measured from inside the sidewalk into the building site, in order to prevent vehicles from extending across the sidewalk or into the street and interfering with pedestrian or traffic flows;

2.

There shall be provided guest and recreational vehicle parking of sufficient amount to serve the development;

e.

Each dwelling unit shall have at least two hundred (200) square feet of recreation area; such area shall not be used for off-street parking, for any accessory structure, nor shall it be contained in any portion of the required front yard;

f.

A five-foot common area open space must be reserved along the property line of each lot opposite the property line along which a structure wall is to be constructed, for the maintenance and repair of the wall and/or dwelling unit on the adjoining lot;

g.

No zero side yard may be adjacent to a public or private right-of-way;

h.

No portion of the dwelling or architectural features may project over a property line;

i.

The development shall have provided fire hydrants subject to the specifications of the fire department;

j.

The development shall have provided sidewalks so as to protect pedestrians from vehicular traffic; such sidewalks are required to be separated by a green space no smaller than three (3) feet in width from the vehicular way, and are to be constructed at least three (3) feet in width and four (4) inches thick;

k.

Wherever the boundary of the development is conterminous with the boundary of a C-2, C-3, C-4, C-5, I-1 or I-2 zoning district, screen planting at least eight (8) feet in height in two (2) years, and of density to afford protection from the glare of lights, blowing papers, dust and debris, or a brick, perforated brick or wooden fence at least eight (8) feet in height shall be provided for buffer protection;

l.

All facilities for vehicular circulation are subject to the provisions of this chapter;

m.

All dwelling units in the development shall be so arranged as to provide accessibility to emergency vehicles; such accessibility shall be subject to the specifications of the fire department.

(City Code 1965, App. A, art. V(A), § B; Ord. No. 7804, § I, Att. A, 4-14-10)

Cross reference— Fire protection and prevention, Ch. 8; motor vehicles and traffic, Ch. 18.

State Law reference— Fire departments, R.S. 33:194 1 et seq.

(a)

Application for approval. An application for approval of a special plan for a planned unit development shall be filed with the office of zoning administration and shall contain the following information:

(1)

Interest and ownership: The applicant's name, address and interest in the application, and the name, address and interest of every person, firm or corporation represented by the applicant in the application; the concurrence of the owner or owners of the entire land area included in the special plan and all encumbrancers of such land; and sufficient evidence to establish that the applicants are all the owners and encumbrancers of the designated area, and have both the means and ability to undertake the project;

(2)

Plans for application for approval: a special plan for a planned unit development shall be submitted fifteen (15) days prior to the zoning commission meeting date and shall provide the following information:

a.

Name of proposed development;

b.

Name of developer;

c.

Stamp and signature of registered architect or engineer on each page of plans;

d.

Vicinity map;

e.

Date, scale and north arrow;

f.

Boundary of entire tract to be developed;

g.

Major existing roads and streets;

h.

Proposed street names, lot and block numbers;

i.

Alignments with existing streets and rights-of-way;

j.

Description of proposed improvements, materials, typical street cross-sections, etc.;

k.

Final alignments of streets and sewerage;

l.

Drainage plans showing proposed contours not to exceed one-foot intervals and necessary finished grades;

m.

Location of utilities, light standards and fire hydrants;

n.

Method of sewage disposal;

o.

Profiles of all streets;

p.

Location of buildings, gross floor area, number of dwellings, number of stories, height of structure, accessory structures, sidewalks, and all structural dimensions;

q.

Open areas to be set aside for special purposes, with dimensions;

r.

Off-street parking, driveways, curb cuts;

s.

Screen planting and/or proposed fencing;

t.

Areas of special flood hazard zones as specified by the Federal Emergency Management Agency;

u.

Architectural elevations, including graphic depictions such as photographs or measured drawings, which shall be reviewed and approved by the planning commission;

(3)

Declaration of covenants, conditions and restrictions: A copy of the declaration must accompany all applications; it is subject to the approval of the zoning commission and the legal department, and shall contain the following information:

a.

Statement submitting the immovable property to a condominium regime;

b.

The name by which the development is to be identified, which name shall include the word "condominium" or be followed by the words "a condominium," when applicable;

c.

A legal description of the land;

d.

An identification of each unit by letter, name or number, or combination thereof, so that no unit bears the same designation as any other unit;

e.

A written description delineating the precise boundaries of each unit and any limited common element appurtenant thereto;

f.

The undivided shares, stated as percentages or fractions, in the common elements which are a component part of each of the units;

g.

The proportions or percentages and the manner of sharing common expenses and owning common surplus;

h.

The proportionate voting rights of the unit owners in the association;

i.

The method of amendment of the declaration;

j.

A plat of survey of the land and plans of the proposed or existing improvements;

k.

All matters required by Louisiana statutes in the event the declarant or an individual unit owner intends to reserve the right to change with respect to a unit or units, its percentage interest in the common elements, percentage of sharing a common surplus and common expense, and proportion of voting power in the association of unit owners;

l.

The reconstruction or repair of all or part of the condominium property after casualty and the disposition of the proceeds of casualty insurance required by Louisiana statutes among owners of destroyed or damaged units or to the owners of any common elements destroyed;

m.

The name of the association and the type of legal entity under which it is organized; if the association is not incorporated, the name and residence address of the person designated as agent to receive service of process upon the association;

n.

The procedure for collecting from the unit owners their respective shares of the common expenses assessed;

o.

Procedures relating to the withdrawal of damaged or destroyed units from the regime;

p.

The reallocation of the percentage interest in the common elements of the units so withdrawn to the unit owners remaining within the regime, and the basis of the reallocation, and the release of any unit or units so withdrawn from their respective obligations for payment of their percentage share of the common expenses of the property;

q.

The purpose or purposes for which the property and units are intended;

r.

Procedures whereby a unit owner may convey his unit to the association and thereby release himself from any further obligation for the common expenses of the development;

s.

Designation of limited common elements;

t.

Responsibility for the maintenance and repair of units;

u.

Use restrictions; and

v.

Limitations upon conveyance, sale, leasing, ownership and occupancy of units;

(4)

The fee for planned unit development application procedure shall be five hundred dollars ($500.00).

(b)

Administrative examination: Upon receipt of an application for approval of a special plan for a Planned Unit Development, properly and completely made out, the office of the zoning administration shall examine the application and make such investigation as is necessary. Within fifteen (15) days of the receipt of an application, the office of zoning administration shall transmit a copy of the application to any department or agency which might be affected by the approval of the application; and such department or agency may transmit its report and recommendation to the zoning commission.

(c)

Review by zoning commission: The zoning commission shall review each application and shall approve or disapprove the special plan within sixty (60) days after receipt of such application by the commission; approval may establish conditions and limitations, which may include a performance bond. The zoning commission shall notify the applicant and the office of zoning administration as to the approval or disapproval of the application.

(d)

Registration of special plan: Upon approval of a special plan, a copy of such plan shall be registered among the records of the office of zoning administration and the conveyance records of the parish; and a conformed copy stamped by the council clerk's office shall be submitted to the office of the zoning commission within thirty (30) days subsequent to approval by the commission and shall thereafter be binding upon the applicants, their heirs, successors and assigns; shall limit and control the issuance and validity of permits and certificates; and shall restrict and limit the use and operation of all land and structures within the area designated in such special plan to all conditions and limitations specified in such special plan and approval thereof.

(e)

Amendment or withdrawal of special plan. Pursuant to the same procedure and subject to the same limitations and requirements by which the special plan was approved and registered, any special plan may be amended or withdrawn, either partially or completely, if all land and structures remaining under the special plan and all land and structures withdrawn from such special plan comply with all regulations established by this chapter and unrelated to the special plan.

(City Code 1965, App. A, art. V(A), § C; Ord. No. 7804, § I, Att. A, 4-14-10)

State Law reference— Adding units or common elements to condominium regime, R.S. 9:1122.106.