ORDINANCE CITY OF NEW ORLEANS CITY HALL: January 20, 2011 CALENDARNO. 28312 NOMAYOR NCIL SERIES . 0 BY: COUNCILMEMBERS PALMER AND CLARK AN ORDINANCE to amend and reordain Ordinance No. 4264 M.C.S., as amended by Ordinance No. 16,976 M.C.S. (as amended), the Comprehensive Zoning Ordinance of the City of New Orleans, to amend Article 8, Vieux Carre Historic Districts to prohibit T-shirt, novelty and souvenir shops in all Vieux Carre Historic Districts and to provide for restrictions on the maintenance and alteration of 'existing T-shirt, novelty and souvenir shops on all lots located within a Vieux Carre Historic Zoning District, in the area generally bounded by Iberville and North Rampart Streets, Esplanade Avenue and the Mississippi River (Municipal Addresses: Multiple); and otherwise to provide with respect thereto. WHEREAS, Zoning Docket Nu aEURinitiated by City Council Motion M-10- 357 and referred to the City Planning Commission; and WHEREAS, the City Planning Commission held a public hearing on this zoning petition and recommended denial of Zoning Docket Number 94/10, in its report dated Octoberl8, 2010, to the City Council; and WHEREAS, the recommendation of the City Planning Commission was overruled, and the changes were deemed to be advisable and necessary and in the best interest of the City and were approved by Motion Number M-10-596 of the Council of the City of New Orleans on December 16, 2010. SECTION 1. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY ORDAINS that Article 8 of Ordinance No. 4264 M.C.S., as amended by Ordinance No. 16,976 1 M.C.S., the Comprehensive Zoning Ordinance of the City of New Orleans, be and is hereby amended and reordained to read as follows: ARTICLE 8. VIEUX CARRE HISTORIC DISTRICTS -k*9e 4. Article 8, Section 8.4.3. Permitted Uses. The following uses of land are authorized as permitted uses in the VCC-1 Vieux Carr? Commercial District subject to the performance standards in Section 7.5 except that timeshare buildings, transient vacation rentals, bed and breakfast facilities, guest houses, package liquor stores, massage parlors, adult establishments as defined in Article 2, tattoo parlors, and T-shirt, novelty, gift and souvenir shops are prohibited: 20. Ice cream/yogurt shop (with no drive-through service). 4. .2 9. 8.5.3 Permitted Uses. The following uses of land are authorized as permitted uses in the VCC-2 Vieux Carre' Commercial District subject to the performance standards in Section 7.5, except that timeshare buildings, transient vacation rentals, bed and breakfast facilities, guest houses, package liquor stores, massage parlors, adult establishments as defined in Article 2, T-shirt, novelty, gift and souvenir shops, and tattoo parlors are prohibited: 4. 4. 4. 8.6.3 Permitted Uses. The following uses of land are authorized as permitted uses in the VCS Vieux Carr? Service District subject to the perfonnance standards of Section 7.5, except that timeshare buildings, transient vacation rentals, bed and breakfast facilities, guest houses, package liquor stores, massage parlors, adult establishments as defined in Article 2, T-shirt, novelty, gift and souvenir shops, and tattoo parlors are prohibited: 9: .2 SECTION 2. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY ORDAINS that Article 11 of Ordinance No. 4264 M.C.S., as amended by Ordinance No. 16,976 M.C.S., the Comprehensive Zoning Ordinance of the City of New Orleans, be and is hereby amended and reordained to read as follows: ARTICLE 11. SUPPLEMENTARY USE STANDARDS 4: Section 11.65. T-shirt, novelty and souvenir shops. In the Vieux Carr? Historic Districts, new t-shirt, novelty and souvenir shops are prohibited. The following standards shall apply to all existing t-shirt, novelty and souvenir shops within the Vieux Carr? Historic Districts: I a. I T-shirts, souvenirs, novelties or gifts, or any combination thereof, shall not constitute more than thirty-five (35) percent of the display area or visible floor area; This display area includes any wall display such as shelves, hangers, etc., and any floor space such as shelves, tables, etc. T-shirts, souvenirs, novelties or gifts, or any combination thereof, shall not be displayed in more than thirty--five (35) percent of the window(s) or door(s) visible from the street. b. Waivers of the display and floor area limitations in item a. above shall be considered only through a request for a conditional use in accordance with the provisions of Section 16.6. of the Comprehensive Zoning Ordinance, and shall not be considered or waived by the Board of Zoning Adjustments. 22 24 o. All other standards for legal non-conforming uses as set forth in Article 13 of the Comprehensive Zoning Ordinance, but not limited to Article 13 Non--C0nforming Uses, shall apply to existing T-shirt, novelty, gift and souvenir shops. FEB 1 7 2011 ADOPTED BY THE COUNCIL OF THE CITY OF NEW ORLEANS JADOUEUN B. 'mg? PRESIDENT OF THE COUNCIL DELIVERED TO THE MAYOR ON FEB 1 7 APPROVED: FEB 2 5 um MITCHELL J. LANDRIEU MAYOR RETURNED BY THE MAYOR PEGGY LEWIS CLERK OF COUNCIL ROLL CALL VOTE Cl arkson sleson Palmer', Guidry, Hedge--Mor'rell Johnson - 5 NAYS: 0 THE FOFIEGOING IS CERTIFIED I UE AND ABSENT: Fielkow, Head -- 2 Relevant T-Shirt/Souvenir Shop provisions in the CZO The CZO defines a "t-shirt/souvenir shop" as (see Article 2): "Souvenir Shop or T--Shirt Shop. Any premises in which the retail sale of T--shirts or souvenirs or both is conducted as a principal use of the premises, or as an adjunct to some other business activity, but which constitutes the primary, or is the major attraction to the premises. For the purposes of this Ordinance, "souvenirs" shall mean items, exclusive of books, magazines or maps, which serve as a token of remembrance ofNew Orleans and which bear the name of the City or geographic areas or streets thereof or of events associated with New Orleans including but not limited to events such as Mardi Gras, the Sugar Bowl, or the World's Fair." T-shirt/Souvenir Shops are prohibited in the FQ -- the below language appears in the VCS zoning classifications (see Article 8, generally): "Permitted Uses. The following uses of land are authorized as permitted uses in the [above zoning classification] subject to the performance standards in Section 7.5, except that timeshare buildings, transient vacation rentals, bed and breakfast facilities, guest houses, package liquor stores, massage parlors, adult establishments as defined in Article 2, tattoo parlors, and T-shirt, noveltv, gift and souvenir shops are prohibited:"1 If a t-shirt/souvenir shop exists (legally)2 in the FQ, the below supplemental standards apply: "Section 11.65. T-shirt, novelty and souvenir shops. In the View Carr? Historic Districts, new T-shirt, novelty and souvenir shops are prohibited. The following standards shall apply to all existing T-shirt, novelty and souvenir ships within the View Carr? Historic Districts: a) T-shirts, souvenirs, novelties or gifts, or any combination thereof, shall not constitute more than thirty-five (35) percent of the display area or visible floor area. This display area includes any wall display such as shelves, hangers, etc., and any floor space such as shelves, tables, etc. T-shirts, souvenirs, novelties or gifts, or any combination thereof, shall not be displayed in more than thirty- five (3 5) percent of the window(s) or door(s) visible from the street. b) Waivers of the display and floor area limitations in item a. above shall be considered only through a request for a conditional use in accordance with the provisions of Section l6l6 of the Comprehensive Zoning Ordinance, and shall not be considered or waived by the Board of Zoning Adjustments. c) All other standards for legal non--conforming uses as set forth in Article 13 ofthe Comprehensive Zoning Ordinance, but not limited to Article 13, Non-Conforming Uses, shall apply to existing T- shirt, novelty, gift and souvenir shops." 1 Gift/Novelty shop is not specifically defined in the CZO 2 For Occupational License purposes -- a "legal" t--shirt/souvenir shop is issued a "gift, novelty souvenir" license from Revenue (after verifies zoning). All ''legal'' t-shirt/souvenir shops fall within this "gift, novelty and souvenir" classification, but not all shops in the "gift, novelty and souvenir" classification are t--shirt shops. . . .1 . . .. .. Sec. 54-489. Merchandising of certain items--Vieux Carre. . (8) (C) (9) It shall be unlawful for any person to hang or otherwise attach any poster, printed material, work of art, T-shirt or parts of T-shirts or any other articles of clothing, or parts of articles or any facsimiles of T-shirts or articles of clothing or any representation or message which may be imprinted on an aforementioned article or facsimile of clothing or any other merchandise on the facade of any building in the Vieux Carre, which is that area of the city bounded by Esplanade Avenue, North Rampart Street, Canal Street and the Mississippi River. Facade shall include but not be limited to any door, window or shutter whether permanently attached to the building or not, even when such door, window, or shutter opens to the interior of the building. In no instance shall any person place any such articles or signs so that they lean against the facade of the building, or occupy the space defined by the outermost frame of any open door or window for a depth of 36 inches into the establishment. Pursuant to the enforcement of the restrictions herein listed, the police department is hereby authorized to grant enforcement and citation powers to the inspectors of the Vieux Carre Commission for the purposes of obtaining compliance with this section only. Such powers of the Vieux Carre Commission inspectors shall be in addition to the normal enforcement and citation powers of the police department. Upon discovery of any violation of this section, the proper enforcing officer shall immediately issue a citation to the operator of the building to which the offending poster, printed material, work of art, T-shirt or parts of T-shirt or any other articles of clothing or parts of articles or any facsimiles of T-shirts or articles of clothing or any representation or message which may be imprinted on an aforementioned article or facsimile of clothing or any other merchandise is attached and/or is leaning against the facade of such building, or occupying the space defined by the outermost frame of any open door or window for a depth of 36 inches into the establishment. For the purpose of this section, the operator of the building shall be deemed to be any person on the premises who has the responsibility for conducting the business which pertains to the poster, printed material, work of art, T-shirt, article of clothing or part thereof, facsimile or representation or message, or any other merchandise. The penalty for each violation of this section shall be $100.00, 90 days in jail or both. Each poster, piece of printed material or other merchandise, work of art, T-shirt, . . .. .1 . ..