LEGAL TOOLS

FOR HISTORIC PRESERVE ATIl'NP

NEW ORLE AN S

David P. Rigney

AE 601

Semine-r in Preservation Law

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TABLE OF CONTENTS

The Vieux Carre Commission Its Eurpose and Function...:Seet.* 1

Vieux Carre Commission Jurisdiction.................... Sect. 2

Vieux Carre Coirmission enabling legislation............. Sect. 3

Vieux Carre Ordinance...................................Sect. 4

Vieux Carre Commission Awning Policy Statement..... ....Sect. 5

Vieux Carre Commission, Facade Lighting Committee
' recomrendations... .... . ... .............. ... Sect, 6

Vieux Carre Zoning Regulations..........................Sect. 7

Review of legal testing of the Vieux Carre Ordinance.. ..Seot. 8

Excerpts from "New Orleans Housing and Neighborhood
Preservation Study"............ ................ . Sect. 9

State Legislation Relating to Historic c
Preservation............... .. .. ......3ect. ga

Legal Tools for Preservation at the
Local Level... ............. ..........Sect. 9b

Excerpts from "Proposed CBD Improvement Plan and .:.:.-'s
Program, 1974 to the Year 2000".. ... .......,.... Sect,' 10
.. S c '

Summary of Conclusions and Consultant
Recommendations. 1...0.. ................ .ect. 0la

6 Action Areas, Area 1: The CBD Office,
Retail, and Historic Cores...............Sect. 10b

6 Action Areas, Area 6: The Uptown
Etrance. to the CBD..................... ..Sect. c 10

The Case for Historic Continuity.........,Sect. 10d

The Developrment Irogram .................. Sect. 10e

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T YIEIJUX I O CAR COMMISSION ITS PUJ

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AND FUNCTION

VIEUX CARE COMMISSION

Its Purpose and Function

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S, .,In only four cities in the Um t -ats-'-r Cbosidon, harcston Natchez and
New Orleans-.did. peculiar s ts of circu.. istanic s produce and leave co,.-
paratively untouched to this day a whole community of buildings whieh date
from colonial, early American or pre-Civil War times. New Oricans' Vieux
Carr6 is by far the largest of these-here in an area comprising 100 city blocks
is a whole city almost as it was in the ,days wl, hen citto. n was king and New
Orleans was the great emporium of the West. Hcre, surrounding Jackson
Square, are five great buildings, the Gathedra], Gabildo, Prlebytorn, and Pon-

form one of the most impressive and symmetrical ensembles in North
America. In tlhe adjoining blocks arc hundreds of mm unit buildings of thie old
city--buildings different from tlose of any other city in America. O1ly in this
section of New Orleans was thc strong influence of Lhe French subtly
blended with ideas borrowed from the Spanish and still further modified by
the American builders who came after 1803 to produce this distinctive and
charming type of architecture so suited to the climate and to the life of the
inhabitants.

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With the coming of the Civil War and the passing of the steamboat era,
the commercial importance of New Orleans lay shattered. For many years
the city was proud but impoverished. The old Creole families who had lived
in the Vieux Carr6 gradually moved to newer parts of' the city and little by
little the Quarter degenerated, whole areas becoming slums. In this period
only a few artists and perceptive writers saw the charm of the place and all
they could do was to paint it and write about it. During this time a whole
block of some of the finest buildings in the Quarter was destroyed to build
the Civil Courts building, and the once magnificent St. Louis Hotel was
allowed to fall into decay and eventual destruction.

With the coming of the 1920's and 30's there was a rebirth of feeling for
the Vieux Carr6-and New Orleans began at long last to realize that unless
something was done to preserve what was left, that soon the whole Quarter
would disappear. Tourists began to come in ever increasing numbers and the
city awoke to the fact that many of them came primarily to see the Vicux
Carr6 and that they spent a great deal of money while here. All this cul-
minated in the enactment in 1936 of a State Constitutional Amendment which
authorized the City of New Orleans to create the Vieux Carrc Commission
in order to preserve the quaint and distinctive charncter of the Vicux Corre'
section "frw the benefit of the people of the cily and stnie". In order tlit a
reasonable degree of control could be exercised over the architecture of private
and semi-public buildings erected on or abutting the public streets of the
Vieux Carr6, the Commission was empowered to regulate the design of new
buildings, the making of alterations oi additions to existing buildings and of
signs, through the issuance of permits.

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iie Vieux Carrt Commissiou in composed of six New Orleans citizens
who have been recommended by historical, commercial and architectural
groups cad appointed by the Manyor with the advice and consent of the City
Council totctrer wmIh there members at large.

These nine serve for a term of four years without pay. The Commission
hns an ArchiiecLural Conimitcee which meets twice a month and other coim-
mittees on special subjects are appointed from time to time. The Commission
meets once a ;aonth and the public is invited to attend any meeting. To facili-
tate its work it employs a full time paid Director, an Assistant Director and a
Secretary. ,An Assistant City Attorney is assigned to guido the Commission
in legal matters.

The Director and his Assistant continually inspect all building work in
progress. They will make suggestions concerning Iinor changes or restora-
tions so that the results will conform to the requirements of the Co'mmission,
in particularly difficult situations, members of the1 Commission will personally

visit and confer with property owners.
their clients are' carefully examined by
idea of the magnitude of its efforts can

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All plans submnilteod by architects for
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be gained from the fact that since its

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establishment in 1937, the Comlmission 'hns issued more than 5,000 permits
for work ranging from the repairing of steps to erecting wholly new buildings.

The 0venty-o(id years since the Commission ho.s lbcen at work have wit-
nessed a remarkable change in the Vieux CarrI; Hundreds of buildings have
been renovated, restored and remodelled to put them to new uses and make
them pay their own way. The foresight of those who wrote the law has paid
off handsomely--the French Quarter of New Orleans has come back as a
desirable place in which to live and as a section of shops. The quaint atmos-
phere has not only been preserved---it has been enhanced and renewed by
the private initiative of' the property owners themselves acting under the
protective terms of the Vieux Carrte ordinance.

Much remains to be done-many of the buildings of the Vicux Carre are
unrestored or in need of renovation. Fortunately, most of them wero well
constructed and it is still possible to restore them, even after years of neglect.
The Vicux Carrd Commission's Architectural Committee and its Director
stand ever ready to advise owners on matters of conforming design.

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THE. VIEUX CARR.E COMMISSION
630 CHARTRIES STREET
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SECTION 2

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SECTION 3

VIEUX CARRE' COMMISSION

CONSTITUTION OF 1921 SECTION 22, A., AS ADDED BY ACT 139 of 1936

The Commission Council of the City of New Orleans is hereby autho-
rized to create and organize a Commission to be known as the Vieux
Carre' Commission, to be appointed by the Mayor of said City with
the advice and consent of its Commission Council and to be composed
of nine members, all of whom shall be citizens of the City of New
Orleans. The members of said Commissionshall be appointed by the
Mayor as follows: One from a list of two persons recommended by
the Louisiana Historical Society; one from a list of two persons
recommended by the Curators of the Louisiana State Museum; one from
a list of two persons recommended by the Association of Commerce of
the City of New Orleans; three qualified architects from a list of
six qualified architects recommended by the New Orleans Chapter of
the American Institute of Architects; and three to be appointed at
large. Whenever the term of a member of said Commission appointed
from such lists expires or a vacancy otherwise occurs, the Mayor
shall appoint his successor for the unexpired term from a list
selected by the body which made the original selection as aforesaid.
Each of the members of said Commission shall be appointed for a
term of four years and shall serve without compensation. Members
shall continue to hold office until their successors have been
appointed and qualified.

The said Commission shall have for its purpose the preservation of
such buildings in the Vieux Carre' Section of the City of New Orleans
as, in the opinion of said Commission, shall be deemed to have
architectural and historical value, and which buildings should be
preserved for the benefit of the people of the City of New Orleans
and the State of Louisiana, and to that end the Commission shall be
given such powers and duties as the Commission Council of the City
of New Orleans shall deem fit and necessary.

The Vieux Carre' Section of the City of New Orleans is hereby de-
fined to comprise all that area.within the City limits of the City
of New Orleans contained within the following boundaries: The
River, Uptown side of Esplanade Avenue, the River side of Rampart
Street, and the lower side of Iberville Street.

The Commission Council of the City of New Orleans is authorized to
exempt such buildings and other structures, as may be designated
by the said Vieux Carre' Commission as having historical and archi-
tectural value, from municipal and parochial taxation for such
period of years as said Commission Council may determine; provided,
that the owners of the said buildings and structures, for them-
selves, their heirs and assigns, shall agree by formal contract,
with the said Commission and the City of New Orleans, that the said
buildings or other structures shall never be altered or demolished
without the approval of the Vieux Carre' Commission.

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, j. ,UX L.taHiE' COMMISSION

CONSTITUTION OF 1921 SECTION 22,A
AS ADDED BY ACT 139 of 1936

The preservation of the buildings in the Vieux Carre' Section of
New Orleans having architectural and historical value is hereby
declared to be a public purpose and the City of New Orleans is
hereby authorized to acquire by purchase or expropriation or other-
wise, such buildings and other structures in that section of the
City of New Orleans, as the said Vieux Carre' Commission may rec-
ommend to the Commission Council.

Hereafter and for the public welfare and in order that the quaint
and distinctive character of the Vieux Carre' Section of the City
of New Orleans may not be injuriously affected, and in order that
the value of the Community of those buildings having architectural
and historical worth may not be impaired, and in order that a
reasonable degree of control may be exercised over the architecture
of private and semi-public buildings erected on or abutting the
public streets of said Vieux Carre' Section, whenever any applica-
tion is made for a permit for the erection of any new building or
whenever any application is made for a permit for alterations or
additions to any existing building, any portion of which is to
front on any public street in the Vieux Carre' Section, the plans
therefore, so far as they relate to the appearance, color, texture
of materials and architectural design of the exterior thereof shall
be submitted by the owner, to the Vieux Carre' Commission and the
said Commission shall report promptly to the Commission Council its
recommendations, including such changes, if any, as in its judgment
are necessary, and the said Commission Council shall take such
action as shall, in its judgment, effect reasonable compliance with
such recommendation, or to prevent any violation thereof.

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SECTION 4

VIEUX CARRE ORDIIAINCE Chapter 65, Code of the City of New

Orleans: Article 1
Article, 2
Article 3 (as amended)

A AI UOUi i0 THE CITY OF NEW ORLEANS, 1956

CHAPTERR 65 VIEUX CARRE

ARTICLE I. IN GENERAL

SECTIONN 65-1. COMMISSION ESTABLISHED.
There is hereby created a Commission to be known as the Vieux Carre Commission of the City of
4ew Orleans, (C.C.S., Ord. No. 14,538, Section 1.)
SECTION 65-2. RECOMMENDATION AND APPOINTMENT OF MEMBERS.
The Vieux Carre Commission shall consist of nine members, all of whom shall be citizens of the
ity. They shall be appointed by the Mayor with the advice and consent of the Council. The members
if the Commission shall be appointed by the Mayor as follows: one from a list of two persons recom-
nended by the Louisiana Historical Society; one from a list of two persons recommended by the Cu-
9trwr of tbe I.oui.sai,,, ,tate Museum; one from a list of two persons recommended by the Association
i Connerce of the city; three -qualified architects from a list of six qualified architects recom-
iended by the New Orleans Chapter of the American Institute of Architects; and three at large.
C.C.S., Ord. No. 14,538, Sec. 2.)
SECTION 65-3. TERM; VACANCIES.
Each of the members of the Vieux Carre Commission shall be appointed for a term of four years.
Whenever the term of a member of the Commission expires the Mayor shall appoint his successor
rom a list selected by the body which made the original selection from which the vacancy has oc-
ured. (C.C.S., Ord. No. 14,538, Section 2.)
SECTION 65-4. EMPLOYEES AND COMMITTEES.
The Vieux Carre Commission may select and employ such persons as may be necessary to carry
ut the purposes for which it is created. The City Attorney shall be ex officio the attorney for the Com-
uission. The Commission may designate and appoint, from among its members, various committees
Iith such powers and duties as the Commission may have and prescribe. (C.C.S., Ord. No. 15,230,
lec. 4; C.C.S., Ord. No. 15,303, Sec. 2.)
SECTION 65-5. RULES AND REGULATIONS; MEETINGS; REPORTS AND RECOMMEN-
)ATIONS.
The Vieux Carre Commission shall make such rules and regulations as it may deem advisable
nd necessary for the conduct of its affairs not inconsistent with the laws of the city and state. The
commissionn shall meet at least quarterly, but meetings may be held at any time by the Commission
n the written request of any of the nine members or on the call of the Chairman or the Mayor. The
commissionn shall make quarterly reports to the Mayor and Council containing a statement of its
activities. It shall make its recommendations for the future, but recommendations may be made by
he Council to the Commission at any time. (C.C.S., Ord. No. 15,230, Section 4; C.C.S., Ordinance
qo. 15,303, Section 2.)
SECTIONN 65-6. PURPOSE; DEFINITION OF VIEUX CARRE SECTION.
The Vieux Carre shall have for its purpose the preservation of such buildings in the Vieux Carre
section of the city as, in the opinion of the Commission, shall have architectural and historical value
nd which should be preserved for the benefit of the people of the city and state.
The Vieux Carre Section of the city is hereby defined to comprise all that area within the city
imits within the following boundaries; The River, Up-town side of Esplanade Avenue, the River
ide of Rampart Street and the lower side of Iberville Street (C.C.S., Ordinance No. 14,538, Section

SECTION 5-7. *GULATIONS NOT APPLICABLE IN PORTION OF VIEUX\ARREK
The egula ns established by this chapter shall not apply to the following ar :
( The iver-side lots and buildings on North Rampart Street from Conti Stre to Es nade
Av., ue, not to exceed their present depth and in no case to exceed one-half pth o the
.5. uare.
(2) square No. 96, bounded erille, abal, Bnville and Burgundy Streets.
(3 Square No. 97, bounded [y yien ille, an pai, C iti and Burgundy Streets.
(4) e squares contained in I ar. ,,b nd.l . 'ilkinson Street, the River-side T Dec r
St et, from Wilkinson to bervill Street, and the Mississippi River.
or s iilar 1) visions of State Constitution, see Const., Art. XIV, Section 22A.
(5) All prerties and lots on which same are located, presently occupied by/ he M nteleone
I tel in quare 35, bounded by Iberville, Royal, Exchange Alley and envill street (C.
C. Ord. N. 16,436, Section 1.)
SECTION 65- SUBMISSION OF PLANS FOR EXTERIOR CHANGES TO COMMISSION.
Before the commencement of any work in the erection of any new building or in the alteration
r addition to, or painting or repainting or demolishing of any existing building, any portion of which
s to front on any public street or alley in the Vieux Carre Section, application by the owner for a

:iiall be made to the Vieux Carre Commission, accompanied by the full pitans niio
,i ,i'ications thereof so far as they relate to the proposed appearance, color, texture or materials
and architectural design of the exterior, including the front, sides, rear and roof of such buildings,
alteration or addition or of any out building, party wall, courtyard, fence or other dependency
thereof. (C.C.S., Ord. No. 14,536, Section 3; C.C.S., Ord. No. 15,085, Sec. 1).
SECTION 65-9. COMMISSION RECOMMENDATION AND ACTION THEREON.
The Vieux Carre Commission shall upon due consideration report thereon promptly its recom-
mendations, including such changes, if any, as in its judgment are reasonably necessary to comply
with the requirements of this chapter, by sending them, in writing, to the Director of the Division
of Regulatory Inspections with the application and documents referred to in this article and, if
they are found by the Director to comply reasonably with the requirements of this article and if
such application and intended work shall conform also to all other regulations, ordinances and laws
of the city, the Director shall issue promptly a permit for such work and indicate on such permit
the extent and nature of the work to be performed thereunder, (C.C.S., Ordinance No. 14,538, Sec-
tion 3; C.C.S., Ord. No. 15,085, Section 1.)
SECTION 65-10. WHEN DIRECTOR TO SUBMIT QUESTION TO COUNCIL; ACTION OF COUN-
CIL.
If the applicant for a permit shall refuse to accede to reasonable changes recommended by the
XVieux Carre Commission, if the Commission shall disapprove any application or if the Director of the
'Division of Regulatory Inspections finds that the recommendations of the Commission do not com-
ply reasonably with the requirements of this article, the Director shall within not later than five
days, forward such matters with his written comments to the Council for such action as in its judg-
ment, after notice and affording an opportunity to the applicant and to the Commission and other
protesting parties to be heard, shall effect reasonable compliance with such recommendations and
this article. (C.C.S., Ordinance No. 14,538, Section 3; C.C.S. Ordinance No. 15,085, Section 1.)
SECTION 65-11. PRIVATE FLOODLIGHTS PROHIBITED.
The public sidewalks, places and alleys, exteriors, roofs, outer walls and fences of buildings and
other constructions and signs visible from any public street, place or position in the Vieux Carre Sec-
tion shall not be illuminated by privately-controlled floodlights or other illumination except as per-
mitted by this chapter. (C.C.S., Ordinance No. 15,085, Section 2, 65-12. Existing show cases.
All existing show cases, erected upon public property shall be allowed to remain, be repaired or
be duplicated if they do not project farther than eighteen inches beyond the property line. (C.C.S.,
Ordinance No. 15,085, Section 2.)
SECTION 65-13. OVERHANGING BALCONIES.
No overhanging balconies or galleries of wrought or cast iron may be removed, but other new or
additional balconies may be erected if: (a) Supported by brackets or iron columns; (b) at least
nine feet above the level of the sidewalk; and, (c) conform to the quaint and distinctive architec-
ture of the Vieux Carre. But permits for all such new construction or any renovation shall be sub-
ject to the requirements of this article. (C.C.S., Ord. No. 15,085, Section 2.)
SECTION 65-14. REMOVAL OF SHEDS AND MARQUEES.
There shall be no restrictions against the removal of sheds supported by wooden columns and
such sheds, as well as any marquees, may not be repaired when in dangerous condition, but must be
removed. But any changes may be made only after first securing a written order or permit required
by this article and may be executed only in accordance herewith. (C.C.S. Ord. No. 15,085, Section 2.)
SECTION 65-15. STOPPING WORK COMMENCED WITHOUT PERMIT.
The Director of the Division of Regulatory Inspections shall promptly stop any work attempted
to be done without or contrary to a permit issued under this article and shall promptly prosecute any
person responsible for such a violation of this chapter or engaged in such violation. Any officer or
authorized agent of the Commission shall exercise concurrent or independent powers with the Di-
rector in prosecuting violations of this chapter and stopping any work attempted to be done without
or contrary to the permits required by this chapter (C.C.S. Ord. No. 15,085, Section 1.)
SECTION 65-16. PROVISION OF CHAPTER PREVAIL IN CASE OF CONFLICT.
The provisions of this chapter shall govern and take precedence over any other provisions of this
Code. (C.C.S. Ordinance No. 15,085, Section 2.)
GENERAL PENALTY; CONTINUING VIOLATIONS.
Whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared
to be unlawful or an offence or whenever in this Code or any such ordinance the doing of any act is
declared to be unlawful, when no specific penalty is provided therefore, the violation of any such
provision of this Code or any such ordinance shall be punished by a fine not exceeding one hundred
dollars or by imprisonment for not more than ninety days or both such fine and imprisonment. A
provision for the revocation or refusal of a permit or other provision not imposing a fine or impri-
sonment shall not be deemed a provision for a specific penalty within the meaning of the foregoing
sentence. Each day that any violation of any safety ordinance or regulation contained in this Code
shall continue shall constitute a separate offense.

VIEUX CARRE

ARTICLE II. SIGNS
SECTION 65-17. DEFINITIONS.
The following terms, as used in this article, are hereby defined as follows:
(a) SIGN shall include any symbol, device, image, poster, flag, banner, billboard, design or di-
rectional sign used for advertising purposes, whether painted upon, attached to erected on)or
otherwise maintained on any premises, containing any words, letters or parts of letters figures,
numerals, phrases, sentences, emblems, devices, trade names or trade marks by which anything
is made known, such as are used to designate an individual, a firm, an association, a corporation,
a profession, a business or a commodity or product, which is visible from any public highway and
is used to attract attention.
(b) DISPLAY includes erect, paint, repaint, place, replace, hang, rehang, repair, maintain, paint
directly upon a building or other structure, inlay, imbed in or otherwise exhibit in public view.
(C.C.S., Ordinance No. 15,085, Section 2.).
SECTION 65-18. GENERAL. PROHIBITION OF MISCELLANEOUS SIGNS.
The display of signs of a miscellaneous character visible from the public streets, highways and
alleys within the Vieux Carre Section of the City, except as otherwise provided in this article, and
according to the rules and regulations herein provided for, is prohibited. (C.C.S., Ord. No. 15,085,
Section 2.)
SECTION 65-19. NO SIGNS TO BE DISPLAYED IN CERTAIN PLACES.
No sign shall be displayed from the parapet or roofs of any buildings along either Decatur Street
or French Market Place, both sides, from Esplanade Avenue to Ursuline Street or facing Ursuline
Street from Decatur Street to the Mississippi River. (C.C.S., Ord. No. 15,085, Section 2; C.C.S., Ord.
No. 16,096, Section 1.)
SECTION 65-20. SIGNS MUST CONFORM TO CHARACTER OF SECTION.
In addition to the prohibitions contained in this article, approval of the display of a sign in the
Vieux Carre Section of the city shall be granted by the Vieux Carre Commission only when such
signs and the plans therefore, so far as they relate to the appearance, color, size, position, method of
attachment, texture of materials and design, conform to the quaint and distinctive character of the
Section or do not injuriously affect it or impair the value of the community of those buildings hav-
ing architectural or historical worth. (C.C.S., Ord. No. 15,085, Sec. 2.)
SECTION 65-21. PERMIT REQUIRED FOR SIGNS IN CERTAIN AREAS; EXCEPTIONS.
In that part of the Vieux Carre Section of the City comprised within the following boundaries:
Beginning at the upper side of Esplanade Avenue and the lake side of Decatur Street and proceed-
ing along but not including lake side of Decatur Street to the lower side of Ursuline Street; thence
along lower side of Ursuline Street to the Mississippi River; thence to the lower side of Wilkinson
Street; thence along but not including lower side of Wilkinson Street to the lake side of Decatur
Street; thence along but not including lake side of Decatur Street to the lower side of Iberville
Street; thence along but not including Iberville Street to the river side of N. Rampart Street; thence
along but not including Rampart Street to the upper side of Esplanade; thence along Esplanade to
the Mississippi River ... no sign shall be displayed, unless a permit therefore shall first have been
applied for to the Vieux Carre Commission and issued in accordance with Section 65-9, but no permit
shall be required in case of a theatre or commercial establishment changing the bill of its acts and
features or the nature of its commodities and wares and the prices thereof on established and ap-
proved frames. Existing hotels having a room capacity of fifty rooms or over and all existing thea-
tres housed in buildings having no architectural or historic value shall be allowed to maintain such
displays as are permitted by law to establishments of this nature in other sections of the city. (C.C.
S., No. 15,085, Section 2; C.C.S., No. 16,096, Sec. 1.)
SECTION 65-22. WHAT SIGNS MAY ADVERTISE.
No sign of any character shall be displayed in the Vieux Carre unless such sign advertises a bona
fide business conducted in or on the premises and, if it does do so, not exceeding fifty per cent of
the area of such sign may be used to advertise products or commodities actually sold on the pre-
mises. (C.C.S., Ord. No. 15,085, Section 2.)
SECTION 65-23. SIGNS NO LONGER COMPLYING AS TO ADVERTISEMENTS TO BE TAKEN
DOWN
Any sign displayed which no longer advertises a bona fide business conducted upon the pre-
mises shall, upon notification by the Vieux Carre Commission or its agent (who is hereby specifi-
cally authorized to so proceed), be taken down, removed or obliterated within five days after such
notification and failure so to comply on the part of the owner, occupant, agent or person having the
benefical use of any building or premises upon which such sign may be found shall subject such per-
son to the penalty provided in Section 1-6. (C.C.S., Ordinance No. 15,085, Section 2.)
SECTION 65-24. ONLY ONE SIGN PER SHOP, ETC.
One sign only shall be allowed to each store, shop or bona fide place of business, and this sign
shall be no larger than the.maximum stipulated in this article, regardless of the amount of front
footage. (C.C,S., Ord. No. 15,085, Section 2.)

_,1 )Ar' I lt-l 65

.,;lui iui. placed upon a balcony, gallery, canopy, shed, roof, don window or placed in
any manner whatsoever so as to disfigure or-conceal any architectural feati're cr detail of any
building. No sign shall be displayed from any fence, wall or open lot unless it conforms in propor-
tion to the allowable area and does not exceed the maximum. (C.C.S., Ord. No. 15,085, Section 2.)
SECTION 65-26. LENGTH OF PERMITTED PROJECTION OF SIGNS.
No sign shall project more than forty-eight inches beyond the building line, except that, for the
purpose of illumination, a hood may be used with not to exceed six inches additional projection.
(C.C.S., Ord. No. 15,085,. Section 2.)
SECTION 65-27. SURFACE AREA OF SIGNS.
The surface area of any sign shall be in direct proportion to the amount of front footage of each
ownership and shall be as follows:
(1) For single-faced signs, attached flat against the wall and including painted wall signs there
shall be allowed thirty square inches of sign surface area to each foot of lot frontage.
(2) For double-faced signs, suspended by brackets or arms perpendicularly from the wall of a
building there shall be allowed sixty square inches of sign surface area to each running foot of lot
frontage. The area of such a double-faced sign shall be taken to mean the sum of the areas of each
face.
(3) In no case shall the area of any one single-faced or painted wall sign exceed eight square
feet, the maximum allowable size for such a sign.
(4) In no case shall the area of any one single-faced or painted wall sign be less than two
square feet, unless by special permission of the Vieux Carre Commission,
(5) In no case shall the area of any one double-faced sign exceed a total for both sides or six-
teen square feet, the maximum allowable size for such sign.
(6) In no case shall the area of any one double-faced sign be less than four square feet, un-
less by special permission of. the Commission.
(7) In the case where two or more businesses are conducted on the premises of single ownership
having a front footage of twenty-five feet or less, the allowable sign area shall be increased by one
and one half times. (C.C.S., Ord. No. 15,085, Section 2.)
SECTION 65-28. ILLUMINATED SIGNS GENERALLY.
In the cast of illuminated signs, where space must be provided between two parallel faces for
the installation of lighting fixtures, these faces shall not be farther apart than eighteen inches and
such lighting fixtures and all light sources shall be a steady light concealed; (a) Behind standard
opal glass or other substance of equal or smaller light transmission factor; (b) by hoods; or, (c) by
any acceptable method of indirect lighting approved by the Vieux Carre Commission. (C.C.S., Ord.
No. 15,085, Section 2.)
NOTE: Neon Tube Signs are not allowed by Vieux Carre Commission regulations.
SECTION 65-30. BUILDING CODE APPLICABLE TO SIGNS.
All signs under this article shall be further governed by the existing regulations of the Building
Code of the city which are not in conflict with this article. (C.C.S., Ord. No. 15,085, Section 2.)
SECTION 65-31. APPLICATION FOR SIGNS TO BE SUBMITTED TO COMMISSION.
All applications for permits to display signs within the Vieux Carre Section of the city shall be
submitted to the Vieux Carre Commission for approval before a permit therefore may be issued in
conformity with Section 65-9. (C.C.S., Ord. No. 15,085, Section 2.)
SECTION 65-32. FORM OF APPLICATION TO DISPLAY SIGNS; ACCOMPANYING DRAW-
INGS.
Application for a permit to display signs in the Vieux Carre Section of the city shall be made to
the Commission upon forms furnished by the Commission. Such an application shall also be accom-
panied by sketches and drawings in triplicate showing details of construction and foundation when
required by the Building Code of the city and shall delineate the size, shape, design, coloring, light-
ing and position in relation to the building from or upon which it shall be displayed. (C.C.S., Ord.
No. 15,085, Section 2.)
SECTION 65-33. VIOLATING SIGNS, ETC., TO BE REMOVED.
Any sign or exterior illumination of walls, exteriors, roofs, or appurtenances of buildings display-
ed contrary to the provision of this article shall be removed. (C.C.S., Ord. No. 15,085, Section 2.)
GENERAL PENALTY; CONTINUING VIOLATIONS.
Whenever in this Code or in any ordinance of the city any act is prohibited or is made or de-
clared to be unlawful or an offence or whenever in this Code or any such ordinance the doing of any
act is declared to be unlawful, when no specific penalty is provided therefore, the violation of any
such provision of this Code or any such ordinance shall be punished by a fine not exceding one
hundred dollars or by imprisonment for not more than ninety days or both such fine and imprison-
ment. A provision for the revocation or refusal of a permit or other provision not imposing a fine
or imprisonment shall not be deemed a provision for a specific penalty within the meaning of the
foregoing sentence. Each day that any violation of any safety ordinance or regulation contained in
this Code shall continue shall constitute a separate offense.

r of New Orleans ORDINANCE # 828 M.C.S. as amended,
Lcle III, Sections 65-36, 65-37, 65-38, 65-39, 65-40. *

3SERVATION OF EXISTING STRUCTURES AND BUILDINGS IN THE VIEUX CARRE' "
( against deterioration, decay and demolition )

:tion 65-36: Preservation of structures in the Vieux Carre' by the owner
theirr person having legal custody thereof. All buildings and structures
that section of the City of New Orleans known as the Vieux Carre' section
so defined generally in Section 65-6, Section 65-7 of this Chapter, under
jurisdiction of the Vieux Carre' Commission as now provided by Article
-f Section 22A of the Louisiana Constitution,shall be preserved against
ay and deterioration, and free from certain structural defects in the
Lowing manner, by the owner thereof, or such other person who may have the
al custody and control thereof. The said owner or other person having
al custody and control thereof shall repair said building if it be found
iave any of the following defects:

'A. Those which have parts thereof which are so attached that they may
L and injure members of the public or property.

B. Deteriorated or inadequate foundation.

C. Defective or deteriorated flooring or floor supports, or flooring
floor supports of insufficient size to carry imposed loads with safety.

*D. Members of walls, partitions, or other vertical supports that split,
n, list or buckle due to defective material or deterioration.

E. Members of walls, partitions or other vertical supports that are
efficient size to carry imposed loads with safety.

F. Members of ceilings, roofs, ceiling and roof supports, or other hori-
tal members which sag, split, or buckle due to defective material or deter-
ation.

G. Members of ceilings, roofs, ceiling and roof supports, or other hori-
tal members that are of insufficient size to carry imposed loads with safety.

H. Fireplaces or chimneys which list, bulge, or settle, due to defective
erial or deterioration.

,I. Fireplaces or chimneys which are of insufficient size or strength
carry imposed loads with safety.

J. Deteriorated, crumbling or loose plaster.

K. Deteriorated or ineffective waterproofing of exterior walls, roofs,
nations, or floors, including broken windows or doors.

L. hJ.ctive or lack of weather protection for exterior wall. coverings,
luding lack of paint, or weathering due to lack of paint or other protec-
e covering.

M. Any fault or defect in the building which renders the same struc-
ally unsafe or not properly watertight. "

action 65-37: Failure to correct such defects after knowledge thereof
,11 constitute a violation of this Article. Failure of the owner, or the
er proper person having legal custody of the structure or building, to
rect the defects as outlined in Section 65-36 above, after knowledge of
existence of such defects has been brought to their attention, shall con-
tute a violation of this ordinance and shall be punishable as presently
vided in Chapter 1, Section 1-6, of Ordinance 828 M.C.S. as amended."

action 65-38: Department of Safety & Permits to Aid Vieux Carre' Commission
enforcement of Ordinance; powers and duties of inspectors. Upon request,
Department of Safety & Permits shall aid the Vieux Carre' Commission in
ing all necessary inspections in connection with the enforcement of this
icle, and furnish said Vieux Carre' Commission with copies of the reports
their inspections to aid in such enforcement. Employees of the Department
Safety & Permits shall have the same right to inspect premises in connec-
n with the enforcement of this ordinance as they now have in relation to
ing and other violations under the jurisdiction of such department."

action 65-39: Duty of Vieux Carre' Commission to Assist in Enforcement of
icle: It shall be the duty of the Vieux Carre' Commission through its
ector, or other proper officer, to send notices to all persons who may be
Ity of a violation of this Article and inform them of defects in their
idings or structures which must be remedied, in compliance with this ordin-
e. If such notice has not been complied with after 30 days shall elapse
m the giving of such notice, then it shall be the duty of the Director of
Vieux Carre' Commission to prosecute, or to cause to have prosecuted, such
lations of this Article in the Municipal Courts of the City of New Orleans,
such other court of competent jurisdiction as may be proper, either Civil
Criminal. This duty shall not be mandatory where said Director believes,
has good reason to believe that the person to whom notice has been sent is
plying, or attempting to comply with the provisions of this Article. "

action 65-40: Construction with Existing Laws: This ordinance shall not be
strued to repeal the provisions of any existing laws and ordinances estab-
hing building and zoning requirements for the City generally or any other
tion of this Chapter, except such as may directly conflict herewith."

lay 15, 1958, Act of New Orleans City Council, noting that buildings of
Historical and/or architectural value are being allowed to deteriorate
nd decay and thus impair the worth of entire section in contradiction
If public policy and legislative intent of the State of Louisiana.

SECTION 5

AWNING POLICY STATEMENT

INGS: Approval of the use of awnings in the Vieux Carre Section
of the city shall be granted by the Vieux Carre Commission
only when such awnings and the plans therefore, so far as
they relate to the appearance, color, size, position,
method of attachment, texture of materials and design, con-
form to the quaint and distinctive character of the Section
or do not injuriously affect it or impair the value of the
community of those buildings having architectural of his-
torical worth.

POSE: Awnings for use as sunshade, windbreak and rain cover are
acceptable. Ornamental, advertising, or contrived archi-
tectural uses are prohibited.

ES: The following types of awnings are acceptable for corres-
ponding openings:

1. Shed (open end) or California awning: Minimum height
above sidewalk 9ft.
(a) Single openings Square head windows or doors,
1st floor only.
2. Arched awning: Awning must follow contour of opening;
Minimum height above sidewalk 9ft.
(a) Single arch head door or window, 1st floor only.
3. Gabled awning; Minimumrheight above sidewalk 9ft.
(a) Single square head door only 1st floor only.
4. Drop (roll up) awning: Minimum height above sidewalk
6'8" Hung at header of curb balcony (gallery) only.
-Solid colors only.
(a) Separate awning between column bays each awning
must be consistent in color, material, and other
details.
(b) Single awnings covering multiple bays.

'VERTISING: Advertising on awnings shall be as provided by Section 65-17
through Section 65-33 inclusively of the Code of the City
of New Orleans as well as Article 5, Sections 21 through 24
inclusively, and Article 6, of the Comprehensive Zoning
Ordinance for the City of New Orleans.

ILOR: Solid or vertical stripe of approved traditional hue are
acceptable.
XTERIAL: Canvas, cloth or synthetic (vinyl) are acceptable materials.
Slat awnings of wood, metal, cloth or other material are
prohibited.

ING POLICY STATEMENT CONTINUED:

HIBITIONS:

LOCATIONS:

(1) Awnings for cover of open-space areas, (2) canopies
or awnings that are used instead of roofs for covering
open space, and (3) valance awnings are specifically pro-
hibited.

Awnings applications consistent with the above standards
shall be approved by the Director and permit issued im-
mediately. Any applications at variance to any of the
above provisions shall be reviewed by the Architectural
Committee for recommendations to the Vieux Carre Commission.

SECTION 6

REPORT OF THE FACADE LIGHTING COMMITTEE

September 21, 1971

The Facade Lighting Committee, consisting of Messrs. Walter F.

Chappell III, William V. Trufant and Joseph G. Bernard met on

June 23, 1971 at 8:00 p. m. and made an inspection of the various

types of illumination being used on the exteriors of both com-

mercial and residential buildings in the Vieux Carre.

The Committee met again on July 7, 1971 at the residence of

Joseph G. Bernard at 8:00 p. m. to review current regulations re-

garding exterior lighting and to arrive at certain conclusions

based on its previous visual inspection and current regulations.

The conclusions reached were as follows:

1. Article 6, Section 2, paragraph 24,e is relevant and

should be enforced, except as hereinafter noted. This

paragraph reads as follows:

"In case of illuminated signs, where space must be pro-
vided between two parallel faces for the installation
of lighting fixtures, these faces shall not be farther
apart than eighteen (18) inches and such lighting fix-
tures and all light sources shall be a steady light
concealed: (a) Behind standard glass or other substance
of equal or smaller light transmission factor; (b) by
hoods; or, (c) by any acceptable method of indirect
lighting approved by the Vieux Carre Commission."

2. Article 6, Section 2, paragraph 24,f, (1), (2) and (3)

of the Comprehensive Zoning Ordinance adopted.April 23,

1970 is relevant and should La enforced except as her(in-

after noted. This paragraph reads as follows:

Illuminated signs must conform to the following regula-
tions as to wattage, so as to avoid concentration of
illumination:

(1) In a sign of the size eighteen (18) by forty-two
(42) inches it must not have over one.hundred fifty
(150) watt total for each sign, distributed evenly
over the surface area of any one side or each of
the two sides of the sign, behind opal glass; and
the same wattage maximum and even light distribution
is required in an indirectly lighted sign;

(2) In a sign of the size twenty-four (24) inches by forty-
eight (48) inches it must not have over two hundred
twenty (220) watt total for each sign, distributed
evenly over the surface area. of any one side or each
of the two sides of the sign, behind opal glass, and
the same wattage maximum and even light distribution
is required in an indirectly lighted sign; and

(3) In signs smaller than eighteen (18) inches by forty-
two (42) inches it must not use more than seventy-
five (75) watts distributed evenly over the surface
area of any one side or each of the two sides of the
sign; but in no case can such smaller signs with an
upper allowable limit of seventy-five (75) watts
concentrate the emitted illumination through a smaller
area on each side than one (1) foot square, using opal
glass over all light openings and the same wattage
maximum and even light distribution must be observed
in an indirectly lighted sign.

3. It should be noted that the wattage maximum described in

paragraph 24, f, (1), (2) and (3) applies to indirectly

illuminated signs as well as an illuminated sign.

4. A policy should be adopted regarding the concealment of

indirect lighting of signs which will permit the use of

one 75 W Spotlight or floodlight under a balcony illumin-

ating each face of a two-faced sign. Requirements for

concealment (or partial concealment) to be as follows:

A. Nested as close to balcony fascia as possible.

B. Fixture of a cylindrical "can" type rather than

bare spotlight or floodlight; and should blend in

color with underside of balcony.

5. It was the unanimous opinion of the Committee that.exterior

lighting in the Vieux Carre should be of low rather than

high intensity and that restrictions should be placed on

the number and intensity of lighting fixtures on the ex-

terior of all buildings in compliance with present regula-

tions. Lanterns illuminated either by gas or low wattage

lamps, it was felt, compliment most buildings and should

be allowed in a design compatible with the character of

the building.

6. Some of the streets, particularly in the residential

section, require additional street lights for the conven-

ience and safety of the nocturnal pedestrian. The Com-

*mittee suggests that a report reflecting such deficiency

on any street within the Vieux Carre be prepared and the

results made known to the City Department of Utilities.

7. The Committee felt that facade lighting of buildings as

a general policy should be restricted so as to avoid a

"stage set" effect on the entire Vieux Carre. It was

conceded that certain buildings deserve special lighting

treatment. As a suggested means of limiting the number

- 4 -

of buildings which would be permitted to have a play of

light on the facade, the Tulane Survey ratings be used

as a criteria and only those buildings rated of national

architectural and historical importance be permitted to

receive facade lighting, subject to the approval of the

V. C. C.

Respectfully submitted,

Walter F. Chappell III
William V. Trufant
Joseph G. Bernard, Chairman

S ,, * -, .. .-

SECTION 7

VIEUX CARRE ZONING RE(GULATIOiS Performance: Standards Regulations

excerpts from Article 5: VCR-1, VCR-2, Vieux Carre Residential
Districts .- pp 79-83

: 700-1 VC0-2,CVieuax.Carre:.Coihmercial
District pp-35-86

SVS, Vieux Carre Service District pp
88-80

PERFORMANCE STANDARDS REGULATIONS (Article 5, Continued)

0.7 Humidity, Heat, or Glare.

In any commercial or SI Special Industrial District, any activity producing humidity in
the form of steam or moist air, or producing heat or glare, shall be carried on in such a manner
that steam, humidity, heat, or glare is not perceptible at any lot line.

In other industrial districts, any activity producing humidity in the form of steam or
moist air, or producing heat or glare, shall be carried on in such a manner that the steam,
humidity, heat, or. glare is not perceptible at or beyond the boundary of the district in which
the use is located or at or beyond any residential or commercial district boundary.

actionn 21. VCR-1 and VCR-2 Vieux Carre Residential Districts.

1.1 Purpose of the Districts.

The purpose of these districts is to protect existing residential development and to
maintain a desirable character of such development within the historic Vieux Carre.
Incompatible uses should be excluded from these residential districts and rehabilitation and
good maintenance should be encouraged.

.2 Permitted Uses.

No occupancy permit shall be issued by the Director, Safety and Permits, for any
change in the use of any existing building until and unless a special permit shall have been
issued by the Vieux Carre Commission, except that where no change of exterior appearance is
contemplated such permit by the Vieux Carre Commission shall not be required. Where any
change in exterior appearance is contemplated, the Vieux Carre Commission shall hold a
hearing, and if it approves such change, it shall issue a special permit to continue the same use,
or for any other use not otherwise prohibited in this District, subject to the following
conditions and safeguards:

a. The historic character of the Vieux Carre shall not be injuriously affected.

b. Signs which are garish or otherwise out of keeping with the character of the
Vieux Carre shall not be permitted.

c. Building designs shall be in harmony with the traditional architectural character
of the Vieux Carre.

d. The value of the Vieux Carre as a place of unique interest and character shall
not be impaired.

A building or land shall be used only for the following purposes:

1. Single-family dwellings.

2. Two-family dwellings.

3. Multiple-family dwellings.

4, Churches.

5. Public elementary, junior high and high schools and private elementary, junior high and
high schools having curriculum essentially the same as ordinarily given in public
elementary, junior high and high schools and public or private nursery schools or
kindergartens.

VCR-1 AND VCR-2 VIEUX CARRE RESIDENTIAL DISTRICT REGULATIONS (Article 5, Continued)

6. Gas distribution mains and gas regulator stations.

7. Underground electric utility distribution facilities and meters and service lines.

8. Underground telephone and communications lines and related facilities.

9. Underground sewerage lift or pumping stations, when above ground entrance hatches
are set back a minimum of 20 feet from front and rear property lines and a minimum
of 6 feet from side property lines.

10. Above ground sewerage lift or pumping stations when above ground structures are set
back a minimum of 20 feet from front and rear property lines and a minimum of 12
feet from side property lines and provided further such facilities are adequately
screened along all interior lot Imes-- y a fence, hedge or other landscaping a minimum
of 7 feet in height.

11. Water distribution systems, meters, sanitary and storm water sewerage systems and
related appurtenances but not including lift and pumping stations or water towers.

12. Public telephones (booth or otherwise) when approved by the Department of Utilities
and found to comply with the following requirements:

a. Such telephones shall be illuminated for night use and situated in such a
manner as to avoid the creation of a potential hazard for adjacent streets,
roadways, or driveways.

b. Such telephones do not obstruct any public sidewalk or pedestrian way.

c. When covered, such public telephones must have the approval of the Vieux
Carre Commission.

13. Public transit waiting stations.when approved by the Department of Utilities and found
to comply with the following requirements:

a. Such facilities shall be situated in such a manner as to avoid the creation of a
potential hazard for adjacent streets, roadways or driveways.

b. Such facilities do not obstruct any public sidewalk or pedestrian way.

c. When covered, such shelters must have the approval of the Vieux Carre
Commission.

14. Electric utility substation facilities and transmission facilities when approved by the
Department of Utilities and found to comply with the following requirements:

a. Substation facilities shall be on a site having a minimum area of one (1) acre or
on sites completely surrounded by public streets.

b. Substation facilities shall be located within and completely surrounded by an
ornamental fence or wall having a minimum of 16 feet in height and set back a
minimum of 20 feet from all property lines.

c. All buildings or structures for substations, other than poles, shall be set back so
as to provide the yard areas required for a particular district with self-
supporting radio towers set back a minimum of 50 feet.

VCR-1 AND VCR-2 VIEUX CARRE RESIDENTIAL DISTRICT REGULATIONS (Article 5, Continued)

d. All structures other than poles or self-supporting radio towers shall be limited
to the height requirements of the particular district.

e. The location, character and extent of proposed electric utility substations and
transmission lines has been reviewed and approved by the City Planning
Commission prior to the issuance of required permits. Prior to review of
transmission line facilities the Commission will, in accord with Article 15,
Section 2.9.1 and 2.9.2, hold a public hearing in relation to the proposal. In
such instances it shall not be necessary to post notices as set forth in Article 15,
Section 2.9.3. However, the Commission shall have notices posted in such a
manner and in such locations as is reasonable to provide the property owners in
the area with adequate notice. Such review of said facilities shall insure that the
facility will be in keeping with the existing neighborhood characteristics so that
the facility will not adversely affect the existing environment of the area and
will be consistent with the intent and purposes of this Ordinance to promote
public health, safety, morals, and general welfare.

In such instances, the action of the City Planning Commission shall be final,
unless the City Council, by majority vote, determines that the Commission's
action should be reviewed, in which case such action by the City Council shall
be taken within thirty (30) days from the date of the final action by the City
Planning Commission.

15. Telephone exchanges when approved by the Department of Utilities and found to
comply with the following requirements:

a. They shall be on a site of at least 20,000 square feet.

b. All buildings, structures and parking areas shall be adequately screened from
any abutting residential property by a landscaped fence or hedge a minimum of
6 feet in height.

c. All structures other than poles or self-supporting radio towers shall be limited
to the height requirements of the particular district.

d. The location, character and extent of proposed telephone exchanges has been
reviewed and approved by the City Planning Commission prior to the issuance
of required permits. Such review of said facilities shall insure that the facility
will be in keeping with the existing neighborhood and adjoining property's
architectural and aesthetic characteristics so that the facility will not adversely
affect the existing environment of the area and will be consistent with the
intent and purposes of this Ordinance to promote public health, safety, morals
and general welfare.

16. Museums, public or non-profit relating to the history and character of the Vieux Carre.

17. Convents and monasteries.

1.3 Permitted Accessory Uses.

1. Domestic storage including automobiles either in the main building or in any accessory
building.

2. A laundry room for the use of occupants of a multiple-family dwelling.

3. Coin-operated vending machines such as candy, tobacco, ice, soft-drinks, and sundries

/ 81

VCR-I AND VCR-2 VIEUX CARRE RESIDENTIAL DISTRICT REGULATIONS(Article 5, Continued)

inside a building with 10 or more dwelling units or guest rooms.

4. Home occupations.

5. Gas distribution mains, service piping, service regulators, meters, gas regulator stations,
and related appurtenances.

6. Electric utility distribution and service lines, distribution transformers, meters and
related appurtenances.

7. Non-commercial radio and television and receiving antennae and non-commercial radio
transmitting antennae limited in height above grade to 50 feet.

8. Small telephone repeater structures when located in a public right-of-way, utility
easement or buildable area of a lot.

9. Underground telephone and communication lines and related appurtenances.

21.4 Permitted Signs.

Subject to the general sign regulations of Article 6 and consisting of accessory signs as
follows:

.1. A name plate, one square foot in area, to identify the owner or occupant of a dwelling
or building.

2, A private directional sign, one square foot in area.

3. A sign limited in area to one square foot, for identification of a permitted home
occupation or office use.

4. A customary church bulletin board, limited in area to 8 square feet.

5. A sign limited in area to 8 square feet, giving the name and/or address or management
of a multiple-family dwelling or group of multiple-family dwellings. If such sign is
placed on a marquee, awning, or canopy, the height of letters shall not exceed one
foot.

6. A temporary, non-illuminated sign, not more than 2 square feet in area, advertising real
estate for sale or lease or announcing contemplated improvements of real estate on
which it is placed.

7. A temporary sign, not more than 8 square feet in area, erected in connection with new
construction work and displayed .on the premises only during such time as the actual
construction work is in progress.

21.5 Height, Area, and Yard Requirements.

Minimum requirements for lot areas and yard and maximum height requirements are
contained in Table No. 3 at the end of this Article.

21.6 Reference to Additional Regulations.

The regulations contained in this Article are supplemented or modified by regulations
contained in other Articles of this Ordinance, especially the following:

VCR-1 AND VCR-2 VIEUX CARRE RESIDENTIAL DISTRICT REGULATIONS (Article 5, Continued)

Article 4, General Provisions, Section 8.
Article 10, Supplementary Height, Area, and Bulk Regulations.
Article 13, Board of Adjustments, Exceptions and Variances.
Article 14, Definitions.
Article 15, Administrative Provisions.

Section 22. VCC-1 Vieux Carre Commercial District.

22.1 Purpose of the District.

The purpose of this district is to provide for restricted retail stores and service
establishments that will attract and service tourists and local residents and not adversely affect
the character of nearby residences or detract from the historic character of the Vieux Carre.

22.2 Permitted Uses.

No occupancy permit shall be issued by the Director, Safety and Permits, for any
change in the use of any existing building until and unless a special permit shall have been
issued by the Vieux Carre Commission, except that where no change of exterior appearance is
contemplated such permit by the Vieux Carre Commission shall not be required. Where any
change in exterior appearance is contemplated, the Vieux Carre Commission shall hold a
hearing, and if it approves such change, it shall issue a special permit to continue the same use,
or for any other use not otherwise prohibited in this District, subject to the following
conditions and safeguards:

a. The historic character of the Vieux Carre shall not be injuriously affected.

b. Signs which are garish or otherwise out of keeping with the character of the
Vieux Carre shall not be permitted.

c. Building designs shall be in harmony with the traditional architectural character
of the Vieux Carre.

d. The value of the Vieux Carre as a place of unique interest and character shall
not be impaired.

A building or land shall be used only for the following purposes subject to the
performance standards of Article 15, Section 20:

1. Any use permitted in the VCR-1 and VCR-2 Districts.

2. Antique and art shops.

3. Bakeries but only when all products produced on the premises are sold at retail on the
premises and the structure shall not exceed 2,000 square feet of floor area.

4. Barber shops, beauty parlors and similar personal service shops.

5. Catering and delicatessen business.

6. Custom dressmaking, millinery, tailoring or similar trades.

7. Dry cleaning shops but using no cleaning fluid whose base is petroleum or one of its
derivatives.

8. Flower shops.

VCC-l VIEUX CARRE COMMERCIAL DISTRICT REGULATIONS (Article 5, Continued)

9. Laundromat.

10. Locksmith shops.

11. Museums.

12. Photographers or artist studios.

13. Professional offices including architects, doctors, dentists, engineers and similar
professions.

14. Radio and electric repair shops.

15. Restaurants, but not drive-in restaurants.

16. Shoe repair shops.

17. Small retail stores and shops occupying a floor area of not more than 2,000 square
feet.

18. Rooming Houses.

2.3 Permitted Accessory Uses.

1. Any accessory uses permitted in the VCR-1 and VCR-2 Residential Districts.

2. Storage in connection with a permitted use where storage is incidental to the approved
occupancy of the building, provided all products and materials used or stored are in a
completely enclosed building, or enclosed by a masonry wall, screening fence, or
hedge, not less than 6 feet in height. Storage of all materials and equipment shall not
exceed the height of the wall and shall not be conducted in required open space.

)2.4 Permitted Signs.

Subject to the general sign regulations of Article 6 and consisting of the accessory signs
as follows:

1. Any sign permitted in the VCR-1 and VCR-2 Vieux Carre Residential Districts.

2. One sign only shall be allowed to each store, shop or bona fide place of business, and
this sign shall be no larger than the maximum stipulated in this section, regardless of
the amount of street frontage.

3. No sign of any character except those permitted in the VCR-1 and VCR-2 Districts
shall be displayed in the VCC-1 District unless such sign advertises a bona fide business
conducted in or on the premises and, if it does do so, not exceeding fifty per cent of
the area of such sign may be used to advertise products or commodities actually sold
on the premises.

4. No sign shall project more than forty-eight (48) inches beyond the building line, except
that, for that purpose of illumination, a hood may be used but not to exceed six (6)
inches additional projection.

5. Single-faced signs attached flat against the wall and including painted wall signs shall be
allowed thirty (30) square inches of sign surface area to each foot of street frontage.

84
devised April 1971

VCC-1 VIEUX CARE COMMERCIAL DISTRICT REGULATIONS (Article 5, Continued)

6. In no case shall the area of any one single-faced or painted wall sign exceed eight (8)
square feet, the maximum allowable size. Where there is more than one bona fide
business on a lot with frontage in excess of fifty (50) feet, the total aggregate sign area
may be increased one (1) square foot for each ten (10) feet of street frontage,
provided, however, no one sign shall exceed eight (8) square feet in area.

7. For double-faced signs, suspended by brackets or arms perpendicularly from the wall
of a building, there shall be allowed sixty (60) square inches of sign surface area for
each foot of lot frontage. The area of such a double-faced sign shall be taken to mean
the sum of the areas of both faces.

8. In no case shall the area of any one double-faced sign exceed a total of both sides of
sixteen (16) square feet, the maximum allowable size for such sign.

9. In the case where two or more business are conducted on the premises of single
ownership having a street front footage of twenty-five (25) feet or less, the allowable
sign area shall be increased by fifty percent. Such increased sign area shall be the total
maximum sign area permitted for the entire property and shall not be interpreted to be
the permitted sign area for each individual business occupying said property.

22.5 Height, Area and Yard Requirements.

Minimum requirements for lot area and yards and maximum height are contained in
District Regulations Table No. 3 at the end of this Article.

22.6 Reference to Additional Regulations.

The regulations contained in this Article are supplemented or modified by regulations
contained in other Articles of this Ordinance, especially the following:

Article 4, General Provisions, Section 8.
Article 10, Supplementary Height, Area, and Bulk Regulations.
Article 13, Board of Adjustments, Exceptions and Variances.
Article 14, Definitions.
Article 15, Administrative Provisions.

Section 23. VCC-2 Vieux Carre Commercial District.

23.1 Purpose of the District.

The purpose of this district is to permit more intensive commercial uses than in the
VCC-1 District, yet protect the historic character of the Vieux Carre. The district includes the
major shopping area of the Vieux Carre.

23.2 Permitted Uses.

No occupancy permit shall be issued by the Director, Safety and Permits, for any
change in the use of any existing building until and unless a special permit shall have been
issued by the Vieux Carre Commission, except that where no change of exterior appearance is
contemplated such permit by the Vieux Carre Commission shall not be required. Where any
change in exterior appearance is contemplated, the Vieux Carre Commission shall hold a
hearing, and if it approves such change, it shall issue a special permit to continue the same use,
or for any other use not otherwise prohibited in this District, subject to the following
conditions and safeguards:

a. The historic character of the Vieux Carre shall not be injuriously affected.

85

VCC-2 VIEUX CARRE COMMERCIAL DISTRICT REGULATIONS (Article 5, Continued)

b. Signs which are garish or otherwise out of keeping with the character of the
Vieux Carre shall not be permitted.

c. Building designs shall be in harmony with the traditional architectural character
of the Vieux Carre.

d. The value of the Vieux Carre as a place of unique interest and character shall
not be impaired.

A building or land shall be used only for the following purposes subject to the
performance standards of Article 15, Section 20:

1. Any use permitted in the VCC-1 Vieux Carre Commercial District.

2. Amusement places and theatres.

3. Bicycle sales and repair shops.

4. Clinics, except animal clinics.

5. Dancing or music academies, or similar non-industrial training schools.

6. Health or athletic club or studio.

7. Hospitality Centers when in association with existing breweries in the adjacent VCS
Vieux Carre Service District.

8. Laundries occupying not more than 2,500 square feet of floor area.

9. Professional and business offices.

10. Retail stores and shops including food and grocery stores, but no such store or shop
shall occupy more than 7,500 square feet of floor area.

23.3 Permitted Accessory Uses.

The permitted accessory uses are the same as in the VCC-1 Vieux Carre Commercial
District.

23.4 Permitted Signs.

Subject to the general sign regulations of Article 6 and consisting of accessory signs as
follows:

1. Any sign permitted in the VCC-1 Vieux Carre Commercial District.

23.5 Height, Area and Yard Requirements.

Minimum requirements for lot area and yards and maximum height are contained in
District Regulations Table No. 3 at the end of this Article.

23.6 Reference to Additional Regulations.

The regulations contained in this Article are supplemented or modified by regulations
contained in other Articles of this Ordinance, especially the following:

YCC-2 VIEUX CARE COMMERCIAL DISTRICT REGULATIONS (Article 5, Continued)

Article 4, General Provisions, Section 8.
Article 10, Supplementary Height, Area, and Bulk Regulations.
Article 13, Board of Adjustments, Exceptions and Variances.
Article 14, Definitions.
Article 15, Administrative Provisions.

Section 24. VCS Vieux Carre Service District.

24.1 Purpose of the District.

There are extensive areas within the City of New Orleans that are better suited for
industrial development than the historic Vieux Carre. However, there are a number of existing
businesses and industries as well as certain commercial and industrial uses that have little or no
objectionable influence on surrounding properties. The purpose of this district is to
accommodate existing commercial and industrial uses as well as others that would not
adversely affect the historic character of the district.

24.2 Permitted Uses.

No occupancy permit shall be issued by the Director, Safety, and Pc.wiits, for any
change in the use of any existing building until and unless a special permit shall have been
issued by the Vieux Carre Commission, except that where no change of exterior appearance is
contemplated such permit by the Vieux Carre Commission shall not be required. Where any
change in exterior appearance is contemplated, the Vieux Carre Commission shall, hold a
hearing, and if it approves such change, it shall issue a special permit to continue the same use,
or for any other use not otherwise prohibited in this District, subject to the following
conditions and safeguards:

a. The historic character of the Vieux Carre shall not be injuriously affected.

b. Signs which are garish or otherwise out of keeping with the character of the
Vieux Carre shall not be permitted.

c. Building designs shall be in harmony with the traditional architectural character
of the Vieux Carre.

d. The value of the Vieux Carre as a place of unique interest and character
shall not be impaired.

A building or land shall be used only for the following purposes subject to the
performance standards of Article 15, Section 20:

1. Any use permitted in the VCC-2 Vieux Carre Commercial District.

2. Bakery products, wholesale.

3. Existing beverage, blending and bottling, including breweries, but not distilleries.

4. Business and professional offices.

5. Laboratories, research or experimental, but not combustion engines.

6. Photographic processing or blueprinting.

7. Printing and publishing.

/ 87

7 I*R SERVICE DISTRICT REGULATIONS (Article 5, Continued)

8. Wholesale merchandising or storage warehouses, with floor area devoted to such uses
limited to 25,000 square feet.

9. Gas distribution mains and gas regulator stations.

10. Electric utility facilities, except that electric transmission line facilities shall be in
accord with the provisions of Article 5, Section 1.2.23.e.

11. Underground telephone and communication lines and related facilities.

12. Underground sewerage lift or pumping stations when above ground entrance hatches
are set back a minimum of 20- feet from front and rear property lines and a minimum
of 6 feet from side property lines.

13. Above grade sewerage lift or pumping stations when above ground structures are set
back a minimum of 20 feet from front and rear property lines and a minimum of 12
feet from side property lines and provided further such facilities are adequately
screened along all interior lot lines by a fence, hedge, or other landscaping a minimum
of 7 feet in height.

14. Water distribution systems, meters, sanitary and storm water sewerage systems and
related appurtenance, but not including lift and pumping stations or water towers.

15. Public telephones (booth or otherwise) when approved by the Department of Utilities
and found to comply with the following requirements:

a. Such telephones shall be illuminated for night use and situated in such a
manner as to avoid the creation of a potential hazard for adjacent streets,
roadways, or driveways.

b. Such telephones do not obstruct any public sidewalk or pedestrian way.

16. Public transit waiting stations when approved by the department of Utilities and found
to comply with the following requirements:

a. Such facilities shall be situated in such a manner as to avoid the creation of a
potential hazard for adjacent streets, roadways or driveways.

b. Such telephones do not obstruct any public sidewalk or pedestrian way.

17. Electric substations adequately screened from any abutting residential district by a
landscaped fence or hedge at least six (6) feet in height with all buildings or structures
other than poles and self-supporting radio towers, set back a minimum of 20 feet from
all property lines abutting a residential district and limited in height to 40 feet.
Self-supporting radio towers shall be set back a minimum of fifty (50) feet from all
property lines.

18. Telephone exchanges provided all buildings, structures and parking areas are
adequately screened from any abutting residential district by a landscaped fence or
hedge at least six (6) feet in height.

24.3 Permitted Accessory Uses.

1. Storage of goods used in or produced by permitted commercial and industrial uses
or related activities, including storage of cars and trucks used in the normal operation
of the business or industry, subject to applicable regulations.

VCS VIEUX CARRE SERVICE DISTRICT REGULATIONS (Article 5, Continued)

2. Gas distribution mains, service piping, service regulators, meters, gas regulator stations
and related appurtenances.

3. Electric utility distribution lines, distribution transformers and related appurtenances.

4. Non-commercial radio and television receiving antennae and non-commercial radio
transmitting antennae limited in height to 50 feet.

5. Small telephone repeater structures when located in a public right-of-way, utility
easement or buildable area of a lot.

24.4 Permitted Signs.

Subject to the general sign regulations of Article 6 and consisting of the following
accessory signs as follows:

1. Any sign permitted in the VCC-1 Vieux Carre Commercial District.

24.5 Height, Area, and Yard Requirements.

Minimum requirements of lots, area and yards and maximum height are contained in
District Regulations Table No. 3 at the end of this Article.

24.6 Reference to Additional Regulations.

The regulations contained in this Article are supplemented or modified by regulations
contained in other Articles of this Ordinance, especially the following:

Article 4, General Provisions, Section 8.
Article 10, Supplementary Height, Area, and Bulk Regulations.
Article 13, Board of Adjustments, Exceptions and Variances.
Article 14, Definitions.
Article 15, Administrative Provisions

Section 25. P-Park and Recreation District.

25.1 Purpose of the District.

The purpose of this district is to provide a classification for parks and public
recreational areas containing a minimum of .10 acres, and their accessory uses in a district
which will be apart from other classifications and permitted Land Uses. The "P" classification
is designed to be applied only to dedicated parks, and similar recreational areas. Private
recreational uses are permissible in other appropriate zoning districts.

25.2 Permitted Uses.

An area designated as P-Park and Recreation District shall be only used for the
following purposes subject to the performance standards of Article 15, Section 20:

1. Public Parks.

2. Public Parkways.

3. Public Recreational Areas.

4. Gas distribution mains and gas regulator stations.

89
Revised April 1971

SEC'CTTON -8

Review of legal testing of the Vieux Carre Ordinance:

NOTRE lDAIL ILA'..E (Februasry 1969), ip 392-3

City of Ilew Orleans vs. impastato

City of Niew Orleans vs. Pergament

City of New Orlemns vs. Levy

NOTRE DAME LAWYER

erty was protected by a provision requiring all alterations in the "exterior archi-
tectural features" of any structure erected prior to 1860 to be in conformity with
the general pattern of early Charleston architecture. A Board of Architectural
Review was empowered to issue certificates of appropriateness for any planned
alteration, authorizing the property owner to undertake his renovation. The
Board was limited to stopping demolition of early buildings for a period of thirty
days, and to preventing incongruous alteration of any "exterior architectural
feature" which was "subject to public view from the street."92 Since this or-
dinance empowered the Board to passively control the architectural design of
a large number of buildings, it raised a number of legal issues:

(1) Could a municipal corporation adopt such an ordinance, solely on
the basis of its power to zone for the general welfare, without express
enabling legislation from the state?
(2) Could an historic district ordinance be applied to modern buildings
in order to protect surrounding early structures from non-conforming
modern architectural styles?
(3) Was an historic district ordinance forbidden "aesthetic zoning,"
and therefore an unconstitutional taking of private property under the
fourteenth amendment to the Constitution?

Since Charleston's historic district ordinance enjoyed such wide public support,
no one challenged it in court. It remained for another city to confirm in court
the right to protect historic structures in this manner.
New Orleans adopted the Vieux Carr6 Ordinance in 1937, pursuant to
a 1936 Louisiana constitutional amendment specifically authorizing the city to
do so.9 This historic district ordinance did not go unchallenged. A businessman
named Impastato, operator of an establishment in the Old French Quarter of
New Orleans called the Napoleon House,94 put up an outside privy in his court-
yard for the convenience of his patrons. The Vieux Carr6 Commission charged
him with violating the historic district ordinance, since he had changed the
"exterior architectural features" of his period building without permission. Im-
pastato resisted the citation on the ground that the Vieux Carr6 Ordinance
applied only to exterior features which could be viewed from the street. His
contention was that the privy in his courtyard could not be seen from the
street, and was therefore exempt from the ordinance's certification process. His
conviction was affirmed by the Louisiana Supreme Court,95 which held that the
term "exterior" applied to any outside feature on any historic building, whether or
not it could be seen from the street.96 The Vieux Carre Ordinance lacked the
"public view" limitation present in the earlier Charleston ordinance. In a com-
panion case, City of New Orleans v. Pergament," the Louisiana high court,
92 J. MORRISON, supra note 29, at 16, 133-34.
93 Id. at 17n.11, 157-58.
94 Id. at 40. The Napoleon House was reputed to be the house which was to be used to
shelter Bonaparte if he successfully escaped his jailers at Elba.
95 City of New Orleans v. Impastato, 198 La. 206, 3 So.2d 559 (1941).
96 Id. at 210-11, 3 So.2d at 559, 561.
97 198 La. 852, 5 So.2d 129 (1941).

[February, 1969]

[Vol. 44:379]

sustaining the conviction of a gas station owner for erecting a sign not author-
ized by the Vieux Carr6 Commission, determined that the historic district or-
dinance provisions against certain types of advertising signs were applicable to
modern as well as ancient structures within the protected area.'8
In 1953, the Louisiana Supreme Court finally passed on the constitution-
ality of the Vieux Carre Ordinance. In City of New Orleans v. Levy," the
alleged violator of the ordinance's provisions against non-conforming advertising
signs complained that the ordinance as such constituted an unlawful taking of
his property without due process of law. Since the ordinance was enacted under
the authority of a state constitutional amendment, no question was raised as
to New Orleans's power to adopt the ordinance, provided it did not violate the
due process clause of the fourteenth amendment. Levy's primary assault was
directed to the patently aesthetic provisions of the ordinance, which he argued
were an unconstitutional exercise of the police power of the state and city. The
court answered him in the following manner:

Perhaps esthetic considerations alone would not warrant an imposition of
the several restrictions contained in the Vieux Carr6 Commission Ordinance.
But, as pointed out in the Pergament case, this legislation is in the interest
of and beneficial to the inhabitants of New Orleans generally, the preserv-
ing of the Vieux Carre section being not only for its sentimental value but
also for its commercial value, and hence it constitutes a valid exercise of
the police power.100 (Emphasis added.)

In this fashion, the court removed the Vieux Carr6 Ordinance from the prohib-
ited area of "aesthetic zoning" into the admittedly lawful public purpose of
promoting economic welfare. Since Levy the Vieux Carrd Ordinance has re-
mained free from objection.
In 1939, San Antonio, Texas, created the La Villeta historic district, fol-
lowing the outlines of the Vieux Carre Ordinance.10" In 1946, Alexandria, Vir-
ginia, adopted a special zoning ordinance which protected the old portion of
that city from incongruous architectural alterations.102 Winston-Salem, North
Carolina, followed suit in 1948 with its first Old Salem ordinance. All of these
early ordinances concerned a single homogeneous cluster of early buildings which
could be protected by placing architectural controls on an area of land, or a
zone. All structures within the specified area were protected. This system would
not, however, protect scattered historic houses in a large urban complex, for
its operation on such a scale would be constitutionally oppressive. The short-
comings of the typical historic district ordinance were overcome in Philadelphia,
Pennsylvania, in 1955, by the adoption of an ordinance patterned after English
prototypes. The Philadelphia Historical Commission was empowered to list and
classify every historic building in Philadelphia, and could prevent the alteration
or demolition of any such structure by refusing to certify alteration or destruc-

98 Id. at 858, 5 So.2d at 131.
99 64 So.2d 798 (La. 1953).
100 Id. at 802-03,
101 J. MORRIsoN, supra note 29, at 17.
102 Note, The Police Power, Eminent Domain, and the Preservation of Historic Property,
63 COLUM. L. REV. 708, 714 (1963).

NOTES

SECTION 9

NEW ORLEAITS HOUSIKG- A11D _.EIGH.'CORHOOD PRESERVATION STUDY (excerpts)
February 8, 1974, Curtis arid Davis Architects and Planners
-111 Rue Iberville
New Orleans, Louisiana 70130

9a State Legislation Relating to Historic Preservation,
pp 115 -8
9b .-- Legal Tools for. Preservation at "the Local Level, pp 119-28

STATE LEGISLATION RELATING TO HISTORIC PRESERVATION

The state level represents a logical focus for preservation
efforts. Inherent in the sovereignty of the state are the three powers
most relevant to preservation--eminent domain, the police power, and
taxing powers. In terms of federal policy, the recent shift has also
been in favor of emphasis on state prerogatives, with the institution
of revenue sharing.

The taxing power, mentioned briefly herein and in other memo-
randa, will be the subject of separate treatment elsewhere. The police
power and powers of eminent domain (expropriation) can perhaps best be
explained by comparison and contrast, Both powers must be exercised to
accomplish some "public use" or objective. This is why, for example,
most historic district regulations relate only to the exteriors of the
buildings within their jurisdiction--because the public generally has
no interest in the regulation of interiors; there is no public use to
be served and with which to uphold such regulation. (There are justi-
fications for interior regulation, but as the example is used here only
for purposes of illustration, no elaboration is necessary at this time.)
Both eminent domain and the police power are limited by the imperatives
of due.process and equal protection: this means, with regard to eminent
domain,that-an expropriation or "taking" of property must be accompanied
by "just compensation"; with regard to the police power, "regulation"
must not be so severe as to step over the line and become a "taking."
Neither expropriation nor police power regulation may be applied discri-
minatorily. The use of either technique must bear a reasonable relationship
to the public purpose ostensibly served by their use. The principal differ-
ence between the two sovereign powers is that eminent domain requires the
state to compensate a private property owner for any adverse effect the
state's action may have had; because the state must compensate for losses,
the latitude of its expropriation powers is much wider than is the case
with the police power. The police power allows the state to enact reason-
able regulations in support of the public health, safety, morals, and
welfare, with no compensation required for the adverse effects of such
regulation; the freedom of regulation under the police power is much mora
limited than the state's prerogatives pursuant to an exercise of eminent
domain. For further elaboration, see Comment, The Police Power, Eminent
Domain and the Preservation of Historic Property, 63 Columbia L. Rev. 708
(1963). ~ ..,*,
. . ; '.

Preservation laws at the state level have generally followed two
patterns: statewide acts empowering a locality to implement various preser-
vation measures at the local level; and acts creating state-level agencies
to address preservation needs on a central statewide basis. The following
discussion of Louisiana's preservation laws follows this breakdown.

A. STATE LAWS AUTHORIZING LOCAL PRESERVATION MEASURES

Act 240 of 1926 is Louisiana's basic zoning statute. It authorizes
extensive municipal regulation via zoning ordinances. In New Orleans the
comprehensive zoning ordinance which implemented Act 240 for the city was
passed July 3, 1953, No. 18,565 C.C.S.

Act 27 of 1918 authorized municipalities with population in excess
of 50,000 to pass building regulation ordinances.

The first historic district authorization in Louisiana (and almost
theI first in the country) was accomplished via state constitutional amend-
mon in 1936 with the enactment of Article XIV, Section 22-A of the Louis-
anna Constitution, empowering the Commission (now City) Council of New
Orleans to create the Vioux-Carre Commission, The Council passed the neces-
snay enabling ordinance on June 13, 1937, No. 14,538 C.C.S., ^65-1 .t sja.,
City Code. New Orleans is also authorized under its Home Rule Charter (sec.
5-801-803) to implement the VCC ordinance with appropriate laws providing ..
for enforcement and other powers. ... ..

The most significant recent state-level enactment authorizing local
prerogatives not previously available was Act 147 of the 1970 Session, grant-
ing authority for municipalities to establish historic district commissions.
Other cities of Louisiana are limited to a single historic district each,
but an exception for New Orleans is carved out by way of a stipulation that
governmental units with population in excess of 400,000..are not limited
to one district. Of particular relevance to St. Charles Avenue, the Act
exempts from regulation as an historic district that area bounded by Caron-
delet, Josephine, Magazine, and Louisiana; the constitutionality of this
provision is extremely questionable, since it appears to be an irrational
discrimination. Under the severability provisions of Act 147, the exemp-
tion of St. Charles Avenue and its environs between Josephine and Louisiana
could probably be rejected as unconstitutional without impairing the other
provisions of the Act. In any event, such a challenge would be necessary
before an historic district for that portion of St. Charles Avenue could
be made possible.

Under Act 147, the proper procedure to be followed is for the local
governing body to appoint a 3-7 member study committee, which shall then
report to the local planning agency on the boundaries of and structures
within any proposed historic district. The planning agency then conducts
a public hearing on the proposed district and itself files a report with
the governing body, recommending creation of the district. The governing

body may then enact such a district by passing an appropriate ordinance.
The chief executive of the governing body then appoints the 3-7 members
of a new historic preservation district commission to serve four-year stag-
gered terms. The authority of commissions established under Act 147 is
limited by the terms of the law to exteriors of buildings within the dis-
trict. No building permits are to issue without approval of the commission.
A commission shall also have authority under Act 147 to designate landmarks
anywhere within the municipality (not limited by the boundaries of the
historic district) and to recommend legislation for its preservation.

The powers conferred by Act 147 are every bit as effective as those
authorized under the Vieux Carre Commission's constitutional amendment, even
though the Act's are conferred by statute and the VCC's by constitutional
authority. It appears from the terms of Act 147 that any number of historic
preservation district commissions could be established within Orleans Parish
(excepting the Garden District area, which is probably unconstitutionally
exempted from the Act). The powers that could be conferred on each commis-
sion might vary (within certain limits imposed by the statute and the Con-
stitution) according to the discretion of the local governing body. Among
the little-noted and never-used powers of the Vieux Carre Commission is
an authorization for the City Council to grant tax exemptions to certain
properties within the district; similar provisions could be made under the
districts established by Act 147.

B. STATE PRESERVATION AGENCIES .

The state liaison with the National Trust is the Louisiana Histor-
ical Preservation and Cultural Commission, created by Act 199 of 1968 (La.
R.S. 25:521-23). The Commission is the designated body to receive matching
federal funds under the National Historic Preservation Act of 1966, which
authorizes the distribution of funds to "states" (herein represented by .
the Commission). The Commission is responsible for placing markers desig-
nating historically significant sites and structures.

The Orleans Parish Landmarks Commission (La. R.S. 25:381) consists
of five members appointed by the Governor to mark with bronze plaques houses
which are considered landmarks in New Orleans.

The Louisiana State Museum at New Orleans (La. R.S. 25:341-47) is
charged with the responsibility of operating the Cabildo, Presbytere, and
other structures near Jackson Square. By Act 206 of 1956, the Board of Man-
agers was restructured to consist of the Governor, the Commissioner of Agri-
culture, the Mayor of New Orleans, Director of the state experiment stations,
and 11 other members appointed by the Governor and removable at his pleasure.

The Louisiana Art Commission (La. R.S. 25:302-06) was created by
Act 400 of 1938 to, assist with advice and recommendations in the preserva-
tion, maintenance, and restoration of historic buildings and monuments in
the state. The Art Commission has since been merged with the Historical.
Preservation and Cultural Commission to form a single preservationist body.
117

Some states have been especially concerned with the preservation
of archaeological resources, and although Louisiana has not yet spoken
with broad regulatory concern on this subject, it could be foreseen that
the rich early culture of the state might be well served by such legisla-
tion. Among the features which have appeared in the statutes of other
states are the following: (1) the acts often declare the state's interest
in the preservation of all antiquities, including historic ruins, sites,
artifacts, etc.; (2) title to archaeological resources on public lands
is vested in the state; (3) exploration and excavation on public lands
are strictly controlled; (4) a state control agency is vested with power
to issue or deny permits for archaeological exploration on public lands;
(5) persons eligible and procedures for granting permits are specified;
(6) procedures for reporting archaeological finds are specified; (7) field
archaeology on private lands is discouraged; (8) coordination of archaeo-
logical preservation with other agencies is mandated; and (9) penalties
for unauthorized excavation and other violations are promulgated. The
restoration of Madame John's Legacy in the Vieux Carre has proceeded with
extreme caution not to destroy the artifacts uncovered beneath the build-
ing'p foundation; similar techniques might be imposed as a matter of law
on'other restorations, to safeguard the valuable archaeological legacies
of tlie state.

LEGAL TOOLS FOR PRESERVATION AT THE LOCAL LEVEL

New Orleans constitutes an appropriate forum for preservation
efforts. It was among the first cities in the country to adopt an his-
toric preservation district c:dinance, and the Vieux Carre Commission
which that enactment created has spawned some of the most significant
preservation litigation on the books. The Pergament case, upholding the
constitutionality of the Vieux Carre Commission, announced a happy day
for preservation' when it recognized the necessity of regulating a "tout
ensemble" in order to protect the uniqueness of an historic district.
Aside from its legal landmarks, New Orleans' historical and architectural
landmarks are of major cultural and economic significance. Particularly
with regard to economics, the situation favors preservation legislation,
for the importance of tourism as the city's second most important indus-
try can be shown to relate very directly to its heritage, thereby provid-
ing an economic rationale to uphold vigorous regulatory measures,

A. ZONING

Among the most traditional tools for regulation of the urban land-
scape is the zoning power, long accepted as a legitimate means of munici-
pal control over development. Zoning is sustained as an aspect of the police
power, which means that it must be pursuant to some public purpose and that
it may not be so severe as to pass beyond regulation into the realm of a
taking. Zoning is a power having rather general effects: regulations must
address themselves to the regulation of an area, and spot zoning will be
invalidated as a violation of the equal protection and uniformity doctrines.
(Not all zoning need necessarily fall into a category of geographical uni-
formity, however. The "floating zone" and the "mini-district" are two new
zoning devices created to offer municipalities more flexibility in zoning
without being subject to challenge as spot zoning. The floating zone defines
a zoning category--not geographically based, but rather, identified by var-
ious eligibility criteria as specified in the ordinance. The mini-district
focuses in on a few closely grouped landmarks, zoning them as special dis-
tricts consisting of but a few properties. Neither device has yet been tested
or approved in court, and the mini-district particularly seems vulnerable
to attack as spot zoning.) The zoning power must be exercised pursuant to
some public purpose, which means that regulations need some supportive ra-
tionale protective of the public health, safety, morals, or welfare. Economic
rationales have been the most widely used basis for sustaint-_ zoning laws--
as where the arpn hprni 7nno o4 .-1 6-.. ".

requires special zoning ordinances. A more questionable basis for, zoning
has been the aesthetic rationale--that zoning regulations are justified
because they contribute to the beauty on the urban scene. At first rejected
by the courts as unconstitutional, aesthetics has emerged in recent years
as in some jurisdictions as suffient reason--without additional supportive
rationales--for zoning ordinances. Whatever the precise state of the law
today in Louisiana, it can be said there exists greater latitude than before
to rely on aesthetics (either in combination with other factors, or even
on its own) as a justification for zoning regulations.

Act 240 of 1926 enacted Louisiana's basic zoning statute, author-
izing municipalities to exercise extensive zoning powers at their discre-
tion. New Orleans enacted its comprehensive zoning ordinance on July 3,
1953 (No. 18,565 C.C.S.).

B, HISTORIC DISTRICT COMMISSIONS

Among the most controversial of legal mechanisms in the preserva-
tionist's arsenal of regulatory tools is the historic preservation district.
Because of the broad powers generally granted to commission districts,
these institutions push the limits of the police power, Due process requires
that the police power be exercised pursuant to some public cud and that
the means of regulation chosen be reasonably related to that end. Where
the exercise of power steps beyond regulation and constitutes a taking,
the state must provide just compensation for its use of eminent d'orain
(or condemnation) powers.

State legislation authorizing the creation of commission districts
at local prerogative is probably not necessary in every instance, but is
desirable. State legislation is required to authorize delegation of the
condemnation power to district commissions. In Louisiana, Act 147 of 1970
empowers localities to create historic preservation districts. In general,
the public purpose upholding historic districts relates to the economic
importance of property values and the tourism industry.

Historic district commissions generally have power to regulate
all structures within the geographical confines of the district, whether
historically and/or architecturally important or not. Such commissions
also control the erection of new buildings within the district. Regula-
tory powers generally do not extend to the interiors of buildings within
the district, pursuant to the requirement of some "public purpose" for
district regulation; but the demolition and alteration of exteriors within
the district is subject to permit approval by the commission.

Some jurisdictions (such as the Vieux Carre) have enacted ordinances
to deal with "demolition by neglect," which occurs when an ownerof property
allown.. it to deteriorate past the point at which it would be reasonable' for
the city to order him to repair it--thereby freeing him to demolish. The
police power can be used to prohibit demolition by neglect, but the law must
1 70

be applied reasonably. Thus, such ordinances can only be invoked where
the condition of a building is so bad as to represent a threat to the
health, safety, or welfare of the public; nor can repairs be ordered
to go beyond that point at which the public threat ceases. Anti-neglect
ordinances cannot generally be used simply to rid the city of an eyesore,
though where tourism and property values might be adversely affected
by such eyesores (as in the Vieux Carre and, by implication, along St.
Charles Avenue), an economic rationale sufficient to uphold such use
of the law may be provided. Assuming for discussion the propriety and
constitutionality of ordinances prohibiting neglect, it would seem also
to be reasonable for the city to abate a nuisance by either demolishing
or repairing the structure itself, subsequently charging the costs of
such work to the owner.

It may be helpful to place the foregoing general discussion of
historic districts in a more familiar and concrete context by examining
the Vieux Carre Commission, Its creation was authorized by constitutional*
amendment in 1936 (Article XIV, Section 22-A), then implemented in 1937
by the Commission Council of New Orleans (No. 14,538 C.C.S.). The basic
Vicux Carre Ordinance has been amended several times (Nos. 15,085 and
16,096 C.C.S., City Code Sections 65-1 to 65-33). The nine-member Com-
mission is appointed by the Mayor and is authorized to require. permits
for repairing, altering, painting, erecting, or demolishing buildings
within the district. Procedures to be followed by the Commission are
spelled out in detail, and a right of judicial review is provided for
aggrieved parties. Tax exemptions, authorized generally by Article X,
Section 4 of the Louisiana Constitution, are specifically provided for
in the VCC's constitutional authorization, but the City Council has never
made use of its prerogative to reduce or waive taxes on historic proper-
ties within the district. The Commission's demolition by neglect ordinance
was enacted in 1958 (No. 1354 C.C.S., City Code Section 65-36-40); it pro-
vides for the assessment of small criminal penalties against Vieux Carre
property owners who permit unreasonable decay of their properties.

C. LANDMARKS CO1ISSIONS -

The landmarks commission can perhaps be best understood in contrast
with the historic preservation district commission. As opposed to district
commissions, the landmarks commission generally encompasses and entire muni-
cipality rather than focusing in upon a specific area. The regulatory powers
of landmarks commissions are generally far less than those of historic dis-
trict commissions. For example, landmarks commissions are concerned only
with historically or architecturally significant structures or sites in
their jurisdiction--not with every building therein. Their delegated powers
are much more limited: they may not generally bar demolition; frequently,
even their power to designate landmark structures and sites is subject-to
approval by the local governing body. Though the form may vary, it probably
makes good sense for a landmark commission to be designated a governmental
-entity. It could then be eligible for federal funds available under HUD

programs (42 U.S.C. 1500d-l, 1970). Operationally, designation If the
landmarks commission as a governmental entity would place it on a better
footing in dealing with other city agencies; its negotiations with the
official bureaucracy will be more effective if the commission can speak
with equal legitimacy. Of course, implicit in all of the foregoing is a
recognition that the function of a landmarks commission--to designate his-
torically-and architecturally significant sites and structures, perhaps
also to keep a register of designated properties--could be accomplished
through creation of a private entity. The suggestion is simply that the
commission's actions (particularly where they entail some form of regulat-
ing designated properties) will have greater impact if the commission
enjoys some official legitimacy.

New Orleans has the potential for one or many landmarks commis-
sions, under the language of Act 147 of 1970. That statute provides for
the district commision(s) created pursuant to its terms to function as
a landmarks commission for the entire municipality. Thus, even a single
new historic district commission established under Act 147 could be the
basis for regulation of significant properties throughout New Orleans,
simply by designating it to perform such a secondary function,

D. FACADE EASEMENTS

An easement. is a part of the bundle of rights possessed by the
owner of a property in fee simple (full ownership). Scenic easements,
open space easements, conservation easements--all are terms that embody
the concept to be discussed herein as a facade easement. Easements can
be carved out of fee ownership and owned separately. An organization
or individual purchasing rights over property may then exert some con-
trol over its use. In the case of a facade easement, this means that a
local preservation organization (or the city) might purchase the right
to force subsequent owners of a structure to maintain its exterior in
undisturbed form. This "negative easement" forbids subsequent owners
to alter the facade without the permission of the easement purchaser.
The easement can be extended to reach interiors as well as exteriors,
for it is the product of a private contract between two parties and it
may have have any subject not illegal or immoral. Easements are a very
specific tool which can be used with great particularity and flexibility
to accomplish limited ends; thus, they extend a municipality's powers
beyond the confines imposed upon it by limitations such as "spot zoning,"
for example. In sum, an easement is any legal restriction imposed upon
the use of property for the benefit of someone other than its.owner.

Easements can be acquired by a municipality either through nego-
tiations with the owner or by condemnation, but in either instance, acqui-
sition involves compensation. The easement is not a regulation, but rather,
constitutes a taking of property which must be compensated. Thus, the use

122

of easements as a preservation tool has the beneficial effect of placing
the burden and the costs of preservation squarely on the shoulders of
society instead of on the private property owner. At the same time, the
casement--because of its particularity and specificity--minimizes the
social costs involved in preservation by reducing the size of taking re-
quired for that end; instead of having to acquire a property in full fee
ownership with all of the maintenance and other costs involved therein,
the partial taking of an easement can be done for less initial outlay
of funds and the property can remain in private ownership, with the owner
responsible for its maintenance. An additional advantage of leaving the
property in private ownership is that it remains on the tax rolls as a
revenue-producing property.

One way of acquiring easements at no cost may be through the tax
inducements associated with donation of the easement. The Tax Reform Act
of 1969 allowed gifts of open space easements to be deducted from income
taxes, where made to qualified organizations in perpetuity. Thus, where
the owner of property donates an easement to a state agency or to a char-
itable organization qualifying under Section 501(c)(3) of the Internal
Revenue Code, lie may reap tax advantages. An additional means of induc-
ing property owners to make such donations would be to point out the
property tax, benefits likely to result from divestiture of the casement:
because such casements constitute a part of fee ownership no longer in
the possession of the owner, value of the property is correspondingly
reduced, and so also are property taxes. Finally, some owners have been
induced to make easement donations from a spirit of public interest by
the promise of a plaque designating the site or structure as historically
and architecturally significant.

The foregoing discussion suggests a way in which a program of
preservation on a citywide basis might be conducted in New Orleans at
little or no cost to the city, by combining a landmarks commission and
tax incentives. Assessors could be mandated to reassess properties from
which an easement had been deducted. The benefits of a federal tax deduc-
tion could be reaped by creating a nonprofit corporation qualified to
receive charitable donations under Section 501(c)(3). The same corpora-
tion could be designated a landmarks commission and directed to select
important sites and structures in Orleans Parish for designation. Thus,
owners could be encouraged to make donations of easements to the commis-
sion for -the tax benefits flowing from donation; the property interests
thus obtained would be designated by a plaque as historic landmarks and
thereby protected from demolition or alteration; as a prerequisite to
qualifying for designation as a landmark property (and only such proper-
ties could be received by the local commission), the owner would have
to agree to maintain the property so as not to disturb its historical
significance. Just such a program of acquiring easements has been used
with great success in Annapolis.

One serious constraint upon the use of easements may be the
policy of the Louisiana Civil Code against a division of ownership.
The Code does not favor a partition of ownership rights; special legis-
lation was recently passed in order to allow for the construction
and sale of condominiums in Louisiana. Some further modification of
the law may be necessary to permit the purchase and sale of easements.

E. DEVELOPMENT RIGHTS TRANSFER DISTRICTS

Another program not yet implemented, in Louisiana, but underway
in Now York and Chicago, is the development rights transfer district.
This device addresses the particular needs of the urban landmark which
is threatened by development pressures in the central business district.
Efforts to preserve such landmarks, often isolated in their location,
are limited by 'traditional legal constraints such as the uniformity
requirements of zoning. The transfer of air development rights is an
innovative technique combining the private and public sector in an
incentive program to discourage demolition.

In both Chicago and New York, the premise upon which the pro-
gram rests is that a municipality has imposed a limit on development
in the downtown area. The means used to accomplish this end is called
a "Floor Area Ratio" (FAR), which represents the amount of floor space
that may be built into a building constructed over a lot of particular
size. The larger the lot, the greater the floor area ratio, and the
taller the building. Thus, assuming a FAR which limited the typical
development lot to a ten story building, developers wishing to exceed
their allotted FAR would seek to purchase development rights from a
downtown landowner whose allotted FAR was not being used to capacity..
A landmark owner, for example, who owned a lot the same size as that
proposed for development but whose building used only three of its
potential ten stories could sell seven stories to the developer for
addition to his existing ten story allottment, thus allowing the devel-
opment lot to house a seventeen story building and limiting the land-
mark lot to three floors. Air development rights, once transferred,
would be irrevocably lost to the former owner, and any future construc-
tion on his land would be limited to the size of the remaining FAR.
Much of the economic incentive for demolition of the three story lard-
mark building used hypothetically above would evaporate when its devel-
opment potential was transferred from it.

The most significant difference between the Chicago and New
York plans is that the former's proposed district would allow transfers
of development rights to take place between landowners located anywhere
within the district, while New York restricts transfers to contiguous
tracts of land. The Chicago plan seems preferable, since it removes an
arbitrary and artificial restraint upon which landmarks may be protected.
Moreover, New York's plan has the unfortunate effect of locating high
.......... . ..A I. k buildings.

The city's power to create a development rights district arises
out of its police power interest in regulating the density of the CBD.
The number of persons who commute to and work in the CBD daily relates
very directly to problems of health, safety, sanitation, and municipal
expenditures for providing city services. This relationship provides a
basis on which to impose the development rights district.

The city also enters a development rights scheme at points subse-
quent to the creation of the district, which imposes the initial limiting
pressures on development that account for the economic desirability of
purchasing additional floor space. The city benefits, as do other land-
owners with unused FAR in the CDD, by the creation of a market for the
air development rights of municipal properties. The proceeds from sale
of such rights would go into a municipal "bank," providing a fund for
more direct preservation methods (such as the outright condemnation
and purchase of air development rights over a threatened landmark, or
the purchase of landmark buildings in full fee for use as community
facilities, or the purchase-rehabilitation-resale of such buildings).
The city might also impose via ordinance a requirement that landowners
wishing to participate in the sale of unused FAR would have to agree
not to develop their landmarks in the future in a fashion incompatible
with the property's historic significance.

F. BUILDING AND HOUSING CODES

Like other municipalities, New Orleans regulates new construction
and the use of existing buildings for residential purposes. Building
codes impose a variety of requirements on builders of new structures,
while housing codes require various amenities necessary to insure safe,
sanitary and decent dwellings. Such regulations can be quite specific,
subject only to the requirement that they bear some reasonable relation-
ship to the health, safety, or welfare of the public. The Minimum Housing
Standards Code, for example, requires screens, garbage containers, bath-
room and kitchen facilities to be provided in dwellings. Such codes,
as an aspect of the police power, represent another potential mechanism
for the preservation of urban landmarks, though their use in the past
has not generally been principally for such purposes.

,riances: The Board of Zoning Adjustments

In cases of special hardships, justice requires variances from strict
dherence to the zoning ordinance. The responsibility for granting vari-
nces rests with the Board of Zoning Adjustments, subsequent to determina-
ions by the Director of Safety and Permits.

The Board of Zoning Adjustments consists of five members, appoi ted
y the Mayor with the consent and approval of the City Council. They are
emovable for cause by the appointing authority, but only after written
charges and public hearings. They'serve terms of five years.

The procedure for obtaining a variance from city zoning regulations
begins in the Department of Safety and Permits (City Hall #7-E-05). The
:hief Building Inspector, Frank Robin, is the administrator of zoning ordi-
iance enforcement. His decisions about applications for permits become the
decisions of Edward C. Kurtz, Director of Safety and Permits.

An applicant desiring to do work on his property must file for the re-
Iuired permit with Mr. Robin. If denied the permit,'an applicant may file
i Notice of Appeal (Fee, $20.00; City Hall Rm. 7-E-04) with the Secretary of the
board of Zoning Adjustments, Mrs. Schober.

Appeal from the decision of the Director of Safety and Permits may be
iad as a matter of right. Those applicants whose appeals have little chance
f success, however, are discouraged from asserting the right by an informal
crooning procedure, through which Mrs.Schober advises the applicant of the
;hances on appeal.

If the applicant wishes to proceed in the appeal, forms must be sub-
nitted in troplicate, together with the requisite maps (traceable from the
3anborn Insurance Maps in the offices of the City Planning Commission, City
lall Rm. 4-W-04), plot plan (to be copied from the Building Permit Office,
lity Hall Rm. 7-E-04), elevation of the building, and a full list of names, ad-
dresses, and zip codes of property owners affected by the proposed work.

Certain enumerated affected property owners receive notice of the ap-
peal by mail. Others have the opportunity to learn of the proposed work
through.newspaper publication. In cases which involve an application for a
"use" variation, all property owners within 300 feet are notified by mail.

The Board considers appeals at its regular monthly meetings, held the
third Thursday of each month at 7:30 p.m. in the Council Chambers. An af-
firmative vote of four of the five members is required to override the
Director's decision denying an application. The records of the Board must
summarize the facts of each appeal and reasons for the decision of the Board.
YWhere an appeal has been approved, the decision must include a reference to
the specific sections) of the ordinance under which such action was taken.-

Appeals to the Board may be taken not only by any party aggrieved but
also by any officer, department, commission, board, bureau, or other agency
of the City affected by the decision of the Director of Safety and Permits.

Appeals must be brought within 45 days. from the date of refusal of a permit
or other determination by the Director of Safety and Permits. At appeals,
any party may appear in person or through his agent or attorney to testify
regarding the application. The denial of an appeal by the Board prohibits
reconsideration of the same or substantially the same matter for one year
after the date of denial.

Article 13 of the Zoning Ordinance lists cases of hardship for which
the Board may grant variances. A typical hardship case involves an ir-
regularly shaped lot, for which special permission is needed. The office
hears about 300 cases yearly.

Zoning Changes

The Comprehensive Zoning Ordinance for the City of New Orleans was
prepared in draft form by the staff and Board of the City Planning Com-
mission for submission to the City Council. Enacted into .law with an ef-
fective date of August I, 1970, the ordinance may only be amended by action
of the City Council subsequent to studies and public hearing by the City
Planning Commission.

There are two methods of Initiating an amendment of the Zoning Ordinance:
the City Council may introduce an ordinance or adopt a motion suggesting the
change; or property owners In the city may file a petition with the City
Council through the City Planning Commission. In either case the subsequent
procedures are the same,

A petition must be submitted on forms provided by the City Planning
Commission, in triplicate, together with five copies of a map or survey of the
property suggested for reclassification. The legal description of the property
and its ownership are verified when the petition is received by consultation
with the Division of Real Estate Records, and all accompanying documents are
examined as to accuracy.

The City Planning Commission next drafts a public hearing notice, which
is sent to the Clerk of the Council for an advertising estimate. The costs .
of advertising, when received from the Clerk, are sent to the petitioner with
instructions for filing the fee within a specified period of time. Delay in
filing the fee delays the hearing.

Only once the fee has been deposited by a petitioner are matters con-
sidered to be in proper form. Council action on the petition must be taken
within 120 days of this date.

Public notice of the hearing is given by posting signs near the peti-
tioned property and by publication of three ads in the newspaper at least
:three weeks prior to the date of the hearing.

All parties desiring to present arguments either for or against the
proposed change may do so at the public hearing, which is conducted by the
City Planning Commission. Additional documenIs may be filed within three
,working days of the public hearing by any party.

n1-7

128

113,

The members of the City Planning Commission receive a transcript
of the public hearing for use in preparing a recommendation to the City
Council. Using both the transcript and an analysis of the proposed re-
classification prepared by tlie staff, 1he Commission must act within 45
days to make an official recommrndutior; on the measure. The City Council
may not act on the proposal until it has received the report and recordmenda-
tions of the Commission, provided that the Council may take action if the
45 day period has expired without receipt of the Commission's report.

In addition to the Council, copies of the Commission recommendation
and of the public hearing transcript are sent to the petitioner and to all
interested persons. The City Council must set a date for consideration of
the proposal which will allow for final action to have been taken within
120 days from the date of filing the petition.

Denial of the petition bars further consideration of the same or
substantially the same proposal by the Council for two years after rejec-
ion of the petition. If approved, a motion for adoption of Ihe petition
iill be made, and after a 21 day layover period, the motion may be adopted
ind the zoning change legally effected. Thereafter, the change will be
publishedd in the newspaper and amendments of the applicable zoning maps
lill be made.

Text changes in the Zoning Ordinances follow the same procedure as
hot described for map changes.

The approximate cost to individuals pursuing this procedure totals

::; ". ,z-* 44,. f" .,,^p,' ,^:.. F,^ ' -7

qECTIOT 10

PROPOSED CBD IiMPROVE.1MENT PLAN A.D7 PROGRAM, 1974 TO THE YEAR (excerpts)

2000, June 26, 1974, Wallace, mcHarg, Roberts & Todd
Architects, Landscape Architects,
Urban and-Ecological Planners
1737 Chestnut Street
Philadelphia, Pennsylvania 19103
with Curtis & Davis, Architects and Planners

and Gladst on e .:Associates

lO0a Summary of Conclusions and Consultant Recommendations,
pp 15-23
10b Six Action Areas, Area 1 The CBD Office, Retail, and
Historic Cores, pp 31-9

lOc Six Action Areas, Area 6,- The Uptown Entrance to the
CBD, pp 62-71
lOd The Case for Historic Continuity, pp 88-96

10e The Developed Program

SUMMARY OF CONCLUSIONS AND
CONSULTANT RECOMMENDATIONS

SUMMARY OF CONCLUSIONS

Consultant conclusions are summarized as follows:

(1) ON GROWTH

The Market

The current investment thrust will continue through

the 1980's and 1990's.

Growth is Beneficial

This growth is very substantial and its nature will

be beneficial to the CBD, the entire Central Area,

the City and the Region.

Causes for Growth

At present the growth is happening in response to

four "heroic" acts: Poydras Street widening; the

International Trade Mart; the Superdome; and the

rejection of the proposed Vieux Carr6 Expressway.

Negative Secondary Impacts

Present growth is mostly good and can be accommodated

without undue negative- impact, but secondary impacts

are beginning to surface.

Serious Problems

Demolition of historic structures, elimination of

important service functions, proliferation of parking

lots, traffic congestion in some locations and

despoliation of the environment are serious problems.

. Random Scatteration

Speculation and economic necessity is forcing the next

round of development to random and unrelated locations

with the consequence of exacerbating the problems.

(2) ON GROWTH MANAGEMENT

. Goals for Growth and Preservation

Goals for growth and preservation clearly articulate

what the people of New Orleans want their Central

Area and CBD to be like.

. Need for Control and Guidance

To achieve a reasonable high measure of each of the

separate goals means the adoption and implementation

of more control and guidance of growth and change

than now exists.

. The Big Issue

The final resolution of how much control by whom and

for what is the key issue in determining the "trade-

offs" between conflicting goals.

(3) ON THE NEED FOR A PLAN

. Purpose of a Plan

A plan for the CBD is needed now as part of growth

management to serve to gain consensus regarding goals

-and ways of solving the problems and to point the

direction for control and guidance of change.

(4) ON IMPLEMENTATION

New Orleans Has Capability

New Orleans has, or has in the making, the capability

for implementing the Plan and for managing growth.

While the future envisioned by the Plan is by no means

assured, it can be achieved..

SUMMARY OF CONSULTANT RECOMMENDATIONS FOR ACTION

(1) ON URBAN DESIGN PRINCIPLES

Location of Intense Development

High intensity new development should be located near

present concentrations of high intensity development

insofar as traffic capacity is not exceeded. The

Poydras Street Corridor is the principal location

for such development.

Multi-Use Character of Development

Development of projects with office, hotel, residen-

tial and ancillary retail uses such as Pan Am,

River Place/One Canal, and International River

Center should be encouraged.

Hotel Development

New hotels and motels should be distributed widely

throughout the Poydras Corridor and on Upper Canal

Street to spread the generation of pedestrian and

vehicular traffic where it can be accommodated most

easily and to take the pressure off the Vieux Carre.

. Infill Development

Infill development in other areas should be less in-

tense and should relate to the scale and character

of surrounding buildings.

. Pedestrian Amenities

All new development should contain provisions for

high quality pedestrian amenities arcades, small

landscaped urban parks, street landscaping, etc.

. Continuity of Activity

Activities along existing streets should be maintained i

when new development occurs.

. Internal Movement System

A pedestrian and mini-bus movement system should be

developed to provide quick and easy connections be-

tween the Superdome, Poydras Corridor, Office Core,

Retail Center, and Vieux Carr&.

. The Historic Structures

Historic structures should be rehabilitated and paid

attention to as part of the urban design framework.

(2) ON SPECIFIC PUBLIC WORKS

. The Movement System

(a) Riverfront Boulevard

Develop a Riverfront Boulevard connecting Lee Circle

along Howard' Street and Front Street to Poydras Street.

(b) Lafayette Street Mall

Close Lafayette Street and develop into a pedestrian

mall.

(c) St. Charles Avenue Mall

Close St. Charles Avenue except for delivery and the

trolley and develop a pedestrian mall, ultimately

from Lee Circle to Canal Street.

(d) Perdido Street Mall

Close Perdido Street from Loyola Avenue to Baronne

Street and develop as a pedestrian mall.

(e) Intercept Parking

Develop "intercept" parking garages (with development

on top) between Lafayette and Girod Streets generally

from Loyola Avenue to Front Street.

(f) Peripheral Parking

Develop "peripheral" parking spaces at four major.

locations; the Superdome; Southern Railroad Station

property; at Esplanade and Decatur; and on the City-

owned property on the Riverfront.

*(g) Rivergate Tunnel

Utilize the Rivergate "tunnel", originally to be a

part of the Vieux Carre Expressway as part of a park-

ing access system entered and exited in the medians

of the Riverfront Boulevard and Canal Street at

.Decatur..

(h) Internal Transit System

Develop and operate an internal shuttle-bus system,

ultimately to connect the Superdome, the Federal con-

centration, the River, Canal Street, the Office Core,

Louis Armstrong Park, H.E.A.L. and Upper Canal Street

and the Government Center.

(i) Landscaped Pedestrian Ways

Develop landscape pedestrian ways and at key points

such as Loyola Avenue, pedestrian overpasses.

(j) River Walk

Provide a continuous series of second level pedes-

trian walks and plazas along the River from French

Market upriver to the City-owned property.

. The Parks and Open Space and Pedestrian System

(a) Lafayette Square Extension

Extend Lafayette Square to Poydras Street to allow

the new Poydras environment to penetrate Uptown

along St. Charles Avenue.

(b) Poydras Street Beautification

Landscape Poydras Street with rows of trees on either

side and in the median. Re-light the street with

white light and compatible street furniture..

(c) Landscape Pedestrian Ways.

Landscape all pedestrian ways as above to connect

elements of open space system.

(d)'Canal Street Beautification

Reconstruct sidewalks and appropriately landscape

. Canal Street. Refurbish handsome fixtures and paint

with black and gold leaf trimmings.

(e) Refurbish Old Street Light Fixtures

On smaller streets, repair and refurbish present fix-

tures and relight for better illumination.

(f) Italian Piazza

Develop the Italian Piazza as part of the open space

system.

(g) Spanish Plaza

Develop Spanish Plaza as part of the open space system.

(3) ON IMPLEMENTATION

(a) The CBDCIAPlan

Declare the CBD Core and Frame a renewal area under

Act 170, prepare and adopt and implement the CBDCIAPlan

as modified. No eminent domain is to be involved.

(b) Public Works Program

As part of the CBDCLPlan procedure, prepare, adopt

and implement a Public Works Program.

(c) Special CBD (Tax) District

Enact legislation now in Baton Rouge, and declare the

CBD Core and Frame a Special (Tax) District, using

tax levied thereby for financing program.

(d) CBD Historic District

After appropriate study, declare the Historic Core.

an Historic District under Act 127. Purchase "preser-

vation servitudes" from willing owners who will fix

up their property.

(e) Historic Landmark Preservation

Outside the Historic Core, use the same financial

method to purchase from willing owners "preservation

servitudes."

(f) Rezoning

Reduce the Floor Area Ratio (ratio of total built

floor area to site area) over the whole CBD from

20-15-10 to 14-10-6, but with different distributions.

Develop and enact new zoning categories to do this

including up-to-date features, on the basis of error

and change in present application of zoning.

(g) Parking Policy

Develop a parking policy and implementing device

such as a parking rate control and subsidy and/or

a parking authority.

(h) Federal and State Funding

Develop applications for all Federal and State funds

available for the various programs involved.

(i) Skid Row Detoxification and Rehabilitation Center

Develop and operate a Center to eliminate Skid Row

in a target time of ten years.

(j) Private Non-Profit Development Corporation

Create and operate a private non-profit development

corporation to institutionalize .growth management and

continue the public/private partnership.

"*'

SIX ACTION AREAS

The area of the Plan has been described as the

CBD Core and Frame in the Basis for Action. The

current functional areas are used as the basis for

describing the Plan.

The CBDCIPlan combines the functional analysis

of what exists today with the complex public/

private actions which will generate the future.-

The future development factors include the investment

climate, available and suitable locations, trans-

portation linkages and continuing public and

private cooperation.

Certain areas within the CBD will change function

between now and the year 2000. Other areas will

retain the existing function reinforced. The Plan

can be thought of as six physically interlocking

and interrelated ACTION AREAS, one of which is the

existing Core of business, shopping and historic

buildings. The other five areas are in the process

of change:

The newly-emerging Poydras Corridor

The North Canal Street Area

The Government Center H.E.A.L. Area

The Superdome Area

The Uptown Entrance Area

3

Action Areas are those areas to which private and

public activity is proposed to be directed to solve

existing problems and/or to take advantage of

existing opportunities. The six listed include all

the land within the Study area from Rue d'Iberville

to the 1-90 Expressway.

Some areas are sub-divided further based on specific

critical Actions. The degree to which one area

grows vs. another depends in part on these key

Actions.

The year 2000 space allocation for each sub-area

based on the overall forecast is included in the

descriptions which follow. The relative completion

of one sub-area vs. another depends upon the system

components of the Plan and their staging, especially

transportation and parking.

AREA 1 THE CBD OFFICE, RETAIL AND HISTORIC CORES

This Area has .traditionally been the administrative

and employment center of New Orleans as well as the

.shopping core for the Region. Filled with historic

streets, buildings and long-time, sound functional

uses, this Area more than any other represents the

success of the Core of this highly centralized

region.

Extending from Iberville nearby to Poydras Street

from Loyola Avenue to Tchoupitoulas Street, it

includes three sub-areas:

1-A The Office Core

1-B The Canal Street Retail Area

1-C The CBD Historic Area

The future program for each sub-area is generated

from its past and is critical for the future of all

other Action Areas.

AREA 1-A -- PRESENT CHARACTER OF THE OFFICE CORE

Over 63% of the CBD area employment is within the

Office Core. However,few of'the necessary parking

spaces are within this area. The office buildings

of high intensity are built up to street frontage

and many have distinguished facades. The street

character is enhanced by the historic lighting along

Baronne,Carondelet,and St. Charles Avenue. New

development within this area is of a very high intensity

and will add to the present critical problems of

congested streets, inadequate parking and conflict

with pedestrian movement.

The functional relationship between the existing Office

Core and the retail, government and service areas is

very good but increased intensity will require more

service and parking uses nearby. It is the parking

use which is most critical in this area since any

increase will only increase congestion and conflict

with pedestrian movements. With the development of*

the St. Charles Hotel site for office and hotel use,

the need for control of intensity, parking and

building character within this sub-area will

effect adjacent sub-areas as well.

OBJECTIVES FOR DEVELOPMENT OF THE OFFICE CORE

Total employment within the Office core is estimated

to increase substantially by the year 2000. The

following objectives are proposed to meet this

growth.

(l) *Control of Parking

Within this area, no increase of parking spaces above

the present amount should be allowed.

(2) Control of Development Intensity

Within the area, re-zoning should establish a

maximum F.A.R. of 14. It is currently 201

(3) Control of Building Character

Especially on Baronne, Carondolet and St. Charles

Streets, all construction should be in scale with the

existing buildings and built to the street -frontage

line.

Based on these objectives, the office core can

continue and grow as a major employment center with

pedestrian linkages to the Center, the Retail

Center and the rapidly growing Poydras Street Core

AREA 1-B -- PRESENT CHARACTER OF THE CANAL STREET
RETAIL CORE

Canal Street divides the Uptown and Downtown areas of

New Orleans. It serves as the major retail and

commercial street in the Region. Although other

streets in the Region may carry more traffic,

Canal is the "main street" of New Orleans. The

Iberville side of Canal is the critical seam with

the Vieux Carre and the Uptown side joins with the

Office Core. 'This critical functional relationship

is in danger of change as high intensity uses are

proposed adjacent to the Vieux Carre and the pedes-

trian scale of the cross-streets is threatened with

conflicts with increased parking garages and des-

truction of historic buildings.

The movement functions of Canal Street are multiple

including auto, service, transit, and the critical

transfer function to pedestrian paths. Enhancement

of the street character is needed since sign clut-

ter and lack of adequate landscape has despoliated

the street continuity. However, most important is

retention of the fine historic buildings which give

Canal Street its ."tout ensemble" value and effect.

Objectives for Development of the Canal Street
Retail Area

Further hotel development on Iberville overlooking

the Vieux Carre should be discouraged and major

development objectives for the Retail Core should

be as follows:

(1) Retail Frontage Continuity

Continuing use of all Canal Street frontage for

retail shopping on at least the first floor.

*(2) Urban Beautification

Sign amortization and co-ordination of landscape

treatment for the entire street.

(3) Refurbish Light Standards

The handsome light standards need rehabilitation.

They should be refixtured and painted black with

gold leaf trimming in the manner of the gates

at the Petite Trianon.

(4) Control on Development Intensity

With maximum F.A.R. for new development not to

exceed 6.

(5) Mini-bus Transit Shuttle

Transit shuttle system to peripheral parking lots

with-multiple stops on Canal Street.

(6) Retail Continuity

Continuous retail frontage along Canal Street

from Loyola to Decatur.

Pressure for high-rise hotels overlooking the Vieux

Carr6 is great but if they are allowed to develop

in this area, the price will be negative effects

on the.rest of the CBD area and the "overwhelming"

of the Vieux Carre in terms of traffic congestion

and environmental impact. Hotel development in other

sections of the CBD will add life to streets which

are not active at night.

AREA 1-C -- GBD HISTORIC DISTRICT AND ITS PRESENT
CHARACTER

Although historic buildings are located throughout

the American Sector of Central New Orleans, a large

percent of these structures lie between the Office

and Retail areas and the newly emerging Riverfront

development. The present use of these structures

vary from wholesale and storage use of unrestored

buildings to fine restoration for office use such

as Factor's Row. It is to the benefit of all New

Orleans to preserve these structures and restore

them to an economic use. Generally, wholesale

activity requiring truck access is gradually reloca-

ting and special mixed uses -- office, residential

and retail -- are tending to fill the vacated

space. The key factors in the CBD Historic Core

involve the series of actions required to return

these structures to economic use. More than any

other sub-area, this district is threatened by land

speculation, parking demand and the unrealized

visual opportunities which can be capitalized on

by careful design control of restored buildings

and special public actions on historic streets

and ways where the "tout ensemble" is especially

important. This District is less than 15 acres

in ground area, including streets, or only 5% of

the Core area. Yet it is one of great-importance

in adding value to the other 95%.

Streets traversing this area include small discon-

tinuous alleys.. Block interiors often include

small spaces not unlike those of the Vieux Carre.

The tremendous response to development spurred by

the commercial activity of the Quarter can be gene-

rated in the emerging development corridor adjacent

to this historic zone. The low intensity develop-

ment in this area can contain much of the regional

service uses to the higher intensity developments

at the River, on Poydras Street and at the Super-

dome.

Objectives for Development of the CBD Historic Core

(1) Rehabilitation and/or Restoration

Restoration of all structures with infill construc-

tion of the same character and intensity as the

rehabilitated structures.

(2) Rezone

Rezone to a maximum development intensity not to

exceed F.A.R. 6.

(3) A Wide Variety of Uses

Mix uses within the area including residential

renovation on upper floors and services and

specialty retail below.

(4) Alley Closing and Landscaping

Street closings on small discontinuous streets

with landscaping and carefully designed public

areas.

(5) Minimize Parking

Prohibition of parking above that number of spaces

in existence in 1974.

This Area is of such critical importance to Central

New Orleans that it should be designated an Historic

"District as the Plan recommends. The probable

growth of this Area under existing controls will be

large areas of grade-level parking to supply the

adjacent under-served new development on Poydras

Street and at the River. This use would seriously

damage the character of the new development as

well as destroying what is presently an unrealized

resource for guiding development growth into the

appropriate corridors.

AREA 6 THE UPTOWN ENTRANCE TO THE CBP

Between the rapidly expanding development zone of the

Poydras Corridor and the entrance/barrier of the

Pontchartrain Expressway U.S.-90 lies the most mixed

use area in the entire CBD. In 1974, the area con-

tained a wide variety of employment and Skid Row,

and scattered vacant and historic buildings. But for

all its variety this area exhibits one uniform quality -

the beginning of change. The change in the area is

related to the spot renovations of historic buildings

for office use. The change is reflected in the move-

ment of warehouse and industrial employers to other

areas. However, as the physical appearance shows signs

of change, the social appearance is still one associated

with leftover urban service or "frame" activity. Whether

the area is filled with warehouse structures which

require night watchmen to protect them or cheap hotel,

blood bank and services catering to-Skid Row denizens,

it is the social environment which resists change

rather than the physical appearance.

The CBDCIPlan indicates change within Action Area 6.

It refers to development opportunity and transportation

improvements but clearly the major action to be taken

is associated with the social issues of Skid. Row in

particular and unsafe areas in general. The social

problems must be dealt with before the physical and

economic opportunities become available. The details

of such a program in this have been referred to in

Early Action documents and are contained in the De-

velopment Program, The Plan for Area 6 discusses

use of land and the possible private development spe-

cifically.

Four sub-areas are identified in Area 6 that refer to

a growth strategy for the year 2000. The success of

the strategy depends on public resources, national

urban policy and local commitment. With the proper

combination of these, Action Area 6 can become a

true new town-in-town which can benefit from, as well

as provide benefits to the Core of the CBD.

AREA 6-A -- UPTOWN ST. CHARLES

The St. Charles trolley is that last bit of transpor-

tation history which either predicts the end of the

trolley or the renaissance of mass transit. In either

case the trolley and St. Charles Avenue are as much a

part of New Orleans as the Quarter and fine food. Un-

fortunately the.trolley rider from Tulane University

is greeted with an unpleasant entry to the CBD as he is

shunted around Lee Circle and through Skid Row before

arriving on "safe" turf after crossing Poydras Street.

63

The present character of the Uptown St. Charles sub-

area is plagued with all of the physical problems

associated with Skid Row as well as traffic, on-street

loading associated with commercial uses and many deri-

lict structures some of which have historic value equal

to that of many areas Uptown from the CBD.

The importance of St. Charles Avenue, Carondolet Street

and Camp Street is critical in .the development of Action

Area 6. If the problems associated with the present

uses of the structures can be dealt with and the struc-

tures offered to private development, the major Uptown

entrance to the CBD can be developed in the manner appro-

priate to such a fine historic street.

The Development Objectives for Uptown St. Charles

The two block area from Camp to Carondolet Streets from

U.I. .90 to Lafayette Square should become the major

residential corridor linking the CBD with the Lower

Garden District.

(1) Residential Development

High intensity residential development should be

promoted for the interior of each square with con-

tinuing control of street scale and activity along

St. Charles entrance.

(2) Pedestrian Entrance

Developments should have retail and pedestrian

entrance upon St. Charles Avenue which is proposed

to be closed to automobiles from Lee Circle through

the entire CBD.

(3) Street Lighting and Landscaping

St. Charles Avenue should receive landscape and light-

ing treatment which enhances the existing lights but

does not remove them.

(4) Scale of Infill Development

All infill development fronting on Camp, Carondolet

or St. Charles Avenue should fit the scale and cha-

racter of the historic structures and should not ex-

ceed four stories in height.

(5) Tower Height

High-rise residential within the block should not

exceed the existing height of the Lafayette Hotel

but may build to a.. F.A.R. of 10.

(6) Detoxification and Rehabilitation Center

To implement the plans for this area, resources beyond.

those presently available to the City will be required

in terms of Skid Row. A City policy for removal of

parasite uses should be adopted. Finally, a comprehen-

sive action plan for the detailed development of each

property in this Cbrridor should be prepared as the

guide for sensitive growth in this critical sub-area.

AREA 6-B -- THE UPTOWN BARONNE AREA

Many of the mixed land use characteristics of the St.

Charles Corridor also. apply. to this sub-area. However,

as a general statement, there is less architectural

history here. Although some buildings have been re-

stored and many others have been demolished, there are

also one story commercial buildings,used car lots and

a chaotic arrangement of street frontage.

Howard Street is a major boulevard between Lee Circle

and Loyola,yet the structures on Howard Street and its

lack of landscape treatment offer none of the develop-

ment potential of the other boulevards in the Central

Area.

Objectives for the Uptown Baronne Area

The future of this area depends on the character of the

Loyola-Rampart development and the St. Charles Corridor

.development. If Loyola becomes a strip commercial

motel area, very little positive change may occur along

Baronne. If, however, St. Charles Avenue is renewed

and residential uses built there, other residential

uses and perhaps a rich land use mixture may be attracted

here.

(1) The Upgrading of Howard Street

The most important objective for this area refers to

the upgrading of Howard Street. This boulevard should

be extended to the River to meet the future new develop-

ment at Front Street.

(2) Residential Reuse

The second objective is related to the development of

St. Charles Avenue. Carondolet Street and Baronne Street

now have less development potential than St. Charles

but if the redevelopment for residential purposes

is successful at St. Charles,-the effect will surely

spread to the Baronne sub-area.

(3) Contain and Eliminate Skid Row

A potential danger of the renewal of St. Charles

Avenue is the transfer of Skid Row. This should

not be allowed to occur in sub-areas 6B or 6C.

(4) Development Intensity

One of the present advantages for development in

this area is the low land value. As growth occurs

in adjacent areas, this may not remain. In the short.

range, however, the very fact that land .price is low

may attract development which would benefit the area.

Such moderate intensity development.- F.A.R. 6 should

be encouraged here.

AREA 6-C -- THE CITY-OWNED RIVERFRONT

As a trade with the developers of International River

Center, the City obtained a large site Uptown from

the Center at the. foot of Howard Street. This land

is now vacant. The current potential-of the property.

is limited, but will be effected by the development

of adjacent .areas.

Objectives for Development of the City-Owned Riverfront

The River Center development and expansion of Howard

and Front Streets into a River Boulevard will enhance

the value of City property in the future. In the short

range an immediate use of the property can include a

major peripheral parking-lot and street tree (nursery)

storage of CBD landscape materials. However, the Plan

for the year 2000 calls for a more intensive use.

(1) New Park at River

Location of a.City park at the foot of Howard Street

with low intensity residential development on top of

parking overlooking the park.

(2) Residential Development

High intensity residential development constructed

over the R.R. line in a manner similar to the Inter-

national Trade Mart area.

(3) Platform Development

Platform development at the River should link this

area with the International. River Center by the River

Walk.

(4) Peripheral Parking

Continuation of the peripheral parking function which

serves as the terminus of the CBD mini-bus shuttle.

(5) Tourist Center

Major tourist entrance center with information on

events, locations and transportation should be in-

cluded in the program for development.

(6) Bridge Connection

A direct connection to the Mississippi River Bridge

can take advantage of this area as an entrance area to

the CBD. This however has not yet been studied adequately.

AREA 6-D -- THE WHOLESALE-MANUFACTURING AREA

This area, like the Uptown Baronne section, has a pre-

sent use which appears to have a gradually decreasing

significance. Wholesale and manufacturing uses here

are related to the Port. If the Port begins to move

the value of this area for wholesale and warehouse

decrease although certain manufacturing uses unrelated

to the Port will still remain viable.

With such a situation, the relationship to adjacent

areas will be important for future development. Per-

haps the most important linkage is along Tchoupitoulas

and South Peters Streets where public investment with

the Italian Piazza serves as the entrance to an in-

teresting area of fine old warehouse structures. In

addition, the St. Charles Corridor with its historic

value and the Riverfront development serve as clear

boundaries for what presently is the most uniform land

use in Action Area 6.

Many of the high employment buildings have been desig-

nated as Givens because of the employment density.

However, whenever an employer chooses to move his

facility to another part of the city the re-use of the

building for wholesale or warehouse purposes may be less

attractive than perhaps a total rehabilitation for re-

tail, commercial or even residential. Depending on

the success of the residential construction on the

River and at St. Charles, this area may totally change

its use or remain much the way it is. In any case,

new development should respect the fine character of

the warehouse structures.

Objectives for the Wholesale and Manufacturing Area

(1) Rehabilitation of Structures

Retain the scale and character of the district by

restoration or replacement with similar structures.

(2) River Boulevard-Howard Circle-Connection

Increase access by widening Howard Street from Lee

Circle to Front Street as a full landscaped boulevard.

(3) Residential Uses

Permit residential construction in the area and restrict

building intensity to a maximum of F.A.R. 6.

(4) Mixed Land Uses

Encourage retail commercial use especially along

Tchoupitoulas and South Peters Streets.

0
(5) Parking Garages

Construct parking garage facilities along Lafayette

Street with residential use above the first several

floors. These garages should have major access from

Girod Street.

(6) Increased Access from Bridge

Connect the area to the Mississippi River Bridge to

relieve other Uptown ramps.

-7T

THE CASE FOR

HISTORIC CONT IUITY

IDENTIFICATION OF BUILDINGS OF ARCHITECTURAL-HISTORIC
SIGNIFICANCE IN THE CBD

Within the CBD a very substantial number of buildings

of architectural significance have been identified

and categorized by the authors of the "American
1 *2
Sector", and by Professor Bernard Lemann. This

identification has classified buildings on a prelimi-

nary basis in three categories: national significance;

major significance and local importance.

Most of these buildings fall into the category of

"most-susceptible-to-change" in the analysis reported
3
in the Basis for Change. This is because they

are small, old, obsolete by modern standards and in

many cases, in relatively-poor condition. The

largest concentration of them occupy the key area

between Poydras and Canal Streets and are under great

1

2As part of a survey conducted for Curtis and Davis.
Inadequate furring limited the detail.
3
See Infra, p.

pressure for demolition to clear land for-a "higher

or better", i.e. more economic use, or purely for

land speculation.

WHY PRESERVE THEM?

Four important reasons are advanced for preserving

them in a way which can at least rehabilitate their.

outward appearance to its original state, if not re-

tain their interior integrity:

(1) Architectural-Historic Significance

Further detailed research is needed to finally clas-

sify the level to which each building should be

assigned -- national, major or local. However,

sufficient evidence now exists to retain them until

such a survey is completed.

Theyrepresent a vital tie to the past and, with

plenty of well-located land available for new de-

velopment, should be retained simply because they

still exist.

(2) Finctional and -Economic Significance to the City

The core of the old buildings also contain many

service functions that are of importance to the high-

rent offices and would be sorely.missed if eliminated --

as many already have.

The CBD has long been characterized by its numerous,

small, usually family-owned restaurants, shoe repair

shops, stationery stores, small jewelers, printing

shops, etc. They exist in small scale, older build-

ings, for they cannot afford the rents in larger, newer

buildings. There are, to be sure, food services, etc.

in the newer buildings but these services are of the

chain variety, lacking the spice and flavor of the

smaller establishments. When the small-scale, low-

rent building disappears, the small-scale business

goes with it. Thus, the amenities which make life

pleasant for the downtown worker or shopper cease

to exist.

The economic impact of the loss of these small shops,

restaurants, .etc. is very important.

Because of high rents in new construction, the "man

with the new idea" cannot exist there. No matter how

ultimately profitable or otherwise successful some of

these ideas may be, there is no leeway for such

chancy trial, error and experimentation in the high-

overhead economy of new construction. Old ideas can

sometimes use new buildings. New ideas must use old

buildings. These new idea businesses are already

moving into cheap rent areas. The new, flourishing

businesses along Magazine Street are examples of this

phenomena.

As many planners have pointed out, the successful

downtown needs a residential anchor.) The CBD in

New Orleans is blessed with the adjacent French1

!With credits to John Christia
c^0

Quarter and its numerous residents. More residential

areas near to or within the CBD are now being planned.

A downtown composed of high-rises.surrounded by

parking lots, a downtown lacking in small bookstores,

art supply stores, etc., is hardly an inviting en-

vironment for proposed new residential areas.

(3) The "Toute Ensemble"

The components of a "toute ensemble" were identified

in the Vieux Carre Study to include the following:

Physical Components

Physical Structures; Viewpoints, Vistas and

Unusual Scenes; Open Spaces; Building Groups

and Facade Combinations; Buildings of Architect-

ural-Historic Significance; Past and Present

Associative Sites.

Functional Components

Land Use; Space Use

On all these counts, the highest concentration of

old buildings in the CBD qualifies as an historic

district that creates an ambience and sense of place

that is a key part of New Orleans' special "genius

loci...."

iMarcou and O'Leary, "Plan and Program for Preser-
vation of the Vieux Carr6," New Orleans, Bureau of
Governmental Research, December 1968, pp.39-54.

The nucleus of this "toute ensemble" has been iden-

tified in the proposed CBD Historic District. These

are the buildings that are most significant from

the point of view of the "scene" to be'retained as

the special New Orleans environment for the new

buildings.

(4) Relieve Pressure on the Vieux Carre

As the CBD grows, hotels multiply, pressure for

further commercialization of the Vieux Carr6 in-

creases. The demand for "chic" addresses in remodeled
-A
old buildings will more than double in the- next yea"s.

The CBD stock of old structures represents a tremendous

resource to help satisfy this growing demand. This

demand will be, to a degree, in conflict with the low-

rent paying services that are presently in the build-

ings and it will be important to resolve such con-

flicts.

NEED FOR CBD HISTORIC DISTRICT AND LANDMARK
DESIGNATION

The GMP has not been able to develop the level of

detail necessary to determine specific building-

by-building analysis of rehabilitation need's, costs,

private investment feasibility, or preservation

.guidelines.1

lSee IBID, pp. 125-135.

However, it is very evident that the historic dis-

trict designation under Act 127 is the principle'

governmental device to establish control over the

core of buildings of architectural-historic signi-

ficance.

Many buildings outside this Historic Core also merit

landmark designation under the proposed ordinance.

A METHOD OF PROCEDURE PRESERVATION SERVITUDES

A method of procedure both to provide funds for

owners to economically rehabilitate their structures

within guidelines established by a CBD Historic

Commission and at the same time keep substantial

numbers of current users in them follows:

(1) The CIA will offer to buy "preservation ease-
1
ments" or equitable servitudes. This would be the
2
equivalent of purchasing the development rights and

establishing preservation restrictions.

(2) The CIA will make available long-term, low-

interest loans to owners who wish to rehabilitate

their structures.

(3) Funds will be made available by the Special CBD

Tax District and State and Federal programs.

iSee John. J. Costonis, "Space Adrift: Landmark Preser-
vation and the Market Place," Chicago,University of
Illinois, 1974, p.155.

2See Infra, P. for a discussion of development rights..

ct5

(4) Conditions attached to either purchase of "pre-

servation easement" or loans will be the retention

of the present structure and-its rehabilitation in

accordance with guidelines established by the CBD

Historic District Commission.

(5) The.CIA could follow the same procedure outside

the Historic District with owners of structures

designated as Landmarks.

(6) The CBD Historic District Commission could, with

City Council authorization, allow tax abatement to

owners who agreed to certain -rent ceilings to ensure

that important.but low-rent paying functions would

remain.

ORDER OF MAGNITUDE OF COSTS

To give an order of magnitude of the costs involved

the following analysis was carried out.

After an analysis of which historic structures were

most capable of holding.their own, which were under

the least pressure of demolition and so on, it was

decided to base the analysis on a demonstration area

of 12 squares within the proposed Historic District.

The historic structures on these squares are under

great pressure to be demolished, as well as being

very important to both the physical and functional

makeup of the historic core. The 12 squares, be-

tween Poydras and Common, are numbered 131, 132, 165,

C4

166, 167, 168, 171, 172, 223, 227, 228 and 229.

The total square footage of floor area of historic

structures in this demonstration area is 1,566,300.

Taking into account that rear sheds may be removed,

fourth floors abandoned and other inefficiencies of

these structures, it was assumed that the gross

rentable after rehabilitation would equal about 70%

or 1,096,410 square feet. At an. average $20 per

square foot to rehabilitate, $21,928,200 would be

required.

To relate this to the land values of the sites those

buildings occupy, a further calculation-was carried

out. The historic structures now occupy 458,900

square feet of land. At F.A.R. 6, the allowable

development on these sites is 2,753,400 square feet.

Subtracting the total rehabilitated space of 1,096,410

square feet from this total, there are 1,656,990

square feet of net allowable space that could be

developed. The land residual value supportable by

new office development--hotel and high rise residen-

tial is about $6 per square foot of space, or $9,941,940.

In other words, an owner who availed himself of the

loan or "preservation servitude" program would be

selling his development rights (in aggregate worth

about $10 million) and agreeing to the rehabilitation

1This compares favorably with information regarding
current rehabilitation costs from interviews.
^5-

of his building. In return, he would get $22

million on condition he would fix up the building

and give up the servitude.

PROPOSED CBD HISTORIC DISTRICT BOUNDARIES.

The proposed boundaries are as follows: Iberville

to North Peters; North Peters to Tchoupitoulas;

Tchoupitoulas to Poydras; Pdydras to Camp; Camp to

Union (extended); Union (extended) to Union to

Carondelet; Carondelet to Poydras; Poydras to Baronne;

Baronne to the rear property line of Canal frontage;

along rear property line of Canal frontage to Uni-

versity Place; University Place to Canal; Canal to

Baronne to Dauphine; Dauphine to Iberville.

0

THE DEVELOPMENT PROGRAM

PROGRAM ELEMENTS

The eight program elements of the CBDCI Development

Program are discussed in the Basis for Change Section

of the Technical Report following. They include:-

(1) The Community Improvement Agency Program;

(2) The Public Works Program;

(3) The Special CBD (Tax) District Program;

(4) The CBD Historic District Program;

(5) The Re-zoning Program;

(6) The Parking Policy Program;

(7) The Federal-and State Funding Program;

(8) The Private Action Program.

THE COMMUNITY IMPROVEMENT AGENCY PROGRAM

The CIA has regularized procedures for initiation,

*investigation, preparation, adoption and execution

of community improvement plans. While the CBDCI

Plan is somewhat different from their past activity,

there is plenty of precedent for it across the

country, and its different nature will not change

the regularized procedures established by Act 170.

These procedures are summarized as follows:

vI

(1) Upon invitation by the City Administration, pre-

liminary investigation by CIA staff of work program

necessary to prepare application to City Council

for designation of CBD as appropriate for a commu-

nity improvement project or projects.

(2) Refer application to City Planning Commission for

opinion and advice to be transmitted to City Council.

(3) Review of application by City Council and adop-

tion,by resolution, of the legislative determination

that the CBD is appropriate for a community improve-

ment project and thereby designated as an official

community improvement area.

(4) The CIA' is then authorized to carry out such

further investigations, studies, and planning as

are necessary to the preparation of the formal CBDCI

Plan and supporting documentation.

A number of studies will be necessary to develop

the Plan: field survey of structure condition; de-

taileq economic and market feasibility studies;

detailed preliminary site planning for special pro-

jects; detailed re-zoning study to prepare zoning

amendments; engineering and traffic feasibility

analysis for public works proposals; cost and fi-

nancial studies; management planning; etc.

The level of detail may be at first fairly general

in these studies as a "general description of such

matters as may be proposed to be carried out" is

"sufficient" for the Plan.

(5) When the Plan is prepared, including the findings,

declarations of necessity,and purpose, it is submit-

ted to the City Planning.Commission for "review and

recommendation as to conformity with the general

plan for the development of the municipality as a

whole."2

(6) The City Planning Commission will request re-

views from appropriate agencies and recommendation,

approval,or disapproval or additional recommenda-

tions to City Council within 45 days.

(7) Upon receipt of City Planning Commission recom-

mendations, City Council will hold a public hearing

after due notice, to "afford an opportunity for all

persons or agencies to be heard and shall receive,

make known and consider recommendations in writing
3
with reference to the CBDCI Plan."

(8) It is important to point out that the legal

public hearing will really be the culmination of

an extensive series of public meetings in'which

1
By Act 299 amending Act 170.
2
Act 170.
3Ibid.

participation and involvement in hammering out the

Plan's content and details.

(9) "Upon approval by (City Council the) CIA is

authorized to take such action as may be necessary

to carry it out."

(10) Since acquisition of property by eminent domain

(condemnation) is not to be included in the CBDCI

Plan, there will be no requirement for city-wide

referendum.

(11) As time goes on the CBDCIPlan proposals will be

developed and the Plan will be appropriately modified,

amended, etc.

(12) It is the intent of the Plan that the CIA shall

act not only in its usual role, but also as contractor

to the Special CBD (Tax) District to execute the Plan.

It also will be responsible to the CBD Historic

Commission to purchase from willing owners "preserva-

tion servitudes" for historic rehabilitation and to

supervise and aid in rehabilitation where advisable.

100

I bid.

(13) The CIA is also equipped to initiate and help

organize the Detoxification and Rehabilitation Pro-

gram for the gradual elimination of Skid Row. Funds

are now available in Washington for such programs

and local resource people are fully aware of how such

a program can succeed. This step should be taken

at a very early date, perhaps even independent of

the Plan-approval process.

THE PUBLIC WORKS PROGRAM

Part of the CIA planning activity will be the

preparation, with appropriate agencies, of the

necessary Public Works Program; street changes;

landscape plans; park expansion, etc., including

cost estimates and plans for funding same. The

mechanism for this procedure is basically no

different than in any other community improvement

area.

THE SPECIAL CBD (TAX) DISTRICT

Legislation has been introduced in Baton Rouge that

will enable the establishment of Special Districts

upon appropriate local action. A feature of such

a district is the ability to levy an addition to

the tax on real property upon approval of City Council.

Since this levy would be in effect self-imposed,

the concept is that a district would decide

that it would tax itself to provide improvements

and, therefore, the general tax of the City would

not be affected.

If a Special CBD (Tax) District were formed after

appropriate governmental steps, and were to levy

a tax on.the CBD of 12 mills, it is conservatively

estimated that it would bring in excess of $1.5

million a year. And, of course, as new development

comes on the tax rolls, that figure would grow.

An important feature of such a program is the

financial "leverage" it would provide in its

revenue bonding potential. '$1.5 million would

produce as much as $17 million in bond money each

year. A probable bonding ceiling of perhaps

$50 million is likely.

The Special CBD (Tax) District will presumably

adapt the CBDCIPlan as the basis for its use

of the funds and justification for the added tax.

THE CBD HISTORIC DISTRICT

The evolution of the Vieux Carre Historic District

from its inception in 1925 to its powerful position

today has taught many lessons regarding the opera-

tion of such a governmental instrument. No other

American City has such a wealth of experience as

New Orleans.

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