New Orleans |
Code of Ordinances |
Chapter 84. HISTORIC PRESERVATION |
Article III. CENTRAL BUSINESS DISTRICT HISTORIC DISTRICT AND LANDMARKS |
Division 1. GENERALLY |
§ 84-132. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alteration means any change because of construction, repair, maintenance, or otherwise to a building located within an historic district or designated as a landmark.
Applicant means the record owner of the site and/or buildings located thereon, the lessee thereof, a person holding a bona fide contract to purchase the site and/or building, or a processor possessing the site and buildings located thereon, pursuant to R.S. 9:5633.
Building means any structure, place, or any other construction built for the shelter or enclosure of persons, animals, or chattels, or any part of such structure when subdivided by division, walls or party walls extending to or above the roof and without openings in such separate walls. The term "building" shall be construed as if followed by the words "or any part thereof."
Central business district means the area of the city which falls under the jurisdiction of the central business district historic district landmarks commission bounded by the Mississippi River, the downriver right-of-way of the Pontchartrain Expressway, the centerline of Claiborne Avenue and the centerline of Iberville Street.
Certificate of appropriateness means a document evidencing approval of the commission for work proposed by an applicant.
Commission means the central business district historic district landmarks commission.
Construction means the erection of any on-site improvement on any parcel of ground located within a historic district or on a landmark site, whether the site is presently improved, unimproved, or hereafter becomes unimproved by demolition, demolition by neglect, destruction of the improvement located thereon by fire, windstorm, or other casualty, or otherwise, hereinafter such a parcel of ground shall be referred to as "site."
Demolition means an act or process that results in one or more of the following at any time over a five-year period:
• Structural removal of more than 50 percent of the exterior wall area;
• Removal of more than 50 percent of the roof structure as measured in plan view;
• Structural removal of more than 25 percent of the primary façade ;
For the purpose of this article, the term "demolition" shall not include ordinary repairs and maintenance, restructuring, or interior renovations.
Earthworks means any subsurface remains of historical, archaeological, or architectural importance or any unusual ground formation of archaeological significance.
Exterior means all outside surfaces of any building.
Landmark or landmark site means a building (landmark) and/or its lot of record or any part thereof or vacant site (landmark site), wheresoever located in the central business district of the city subject to the jurisdiction of the central business district historic district landmarks commission, of particular historic, architectural, or cultural significance, which landmark and/or landmark site meets at least one of the following criteria:
(1)
Exemplifies or reflects the broad cultural, political, economic, or social history of the nation, state, or community;
(2)
Is identified with historic personages or with important events in national, state, or local history;
(3)
Embodies distinguishing characteristics of an architectural type specimen, inherently valuable for a study of a period, style, method of construction, or indigenous materials or craftsmanship;
(4)
Is representative of the notable work of a master builder, designer, or architect whose individual ability has been recognized.
Ordinary repairs and maintenance means work done on a building in order to correct any deterioration, decay, or damage to a building or any part thereof in order to restore the building as nearly as practical to its condition prior to such deterioration, decay or damage.
Ratings of significance means the value placed on a building as to its architectural or historical importance, falling into one of the following categories:
(1)
Category A, buildings of national importance. These nationally important buildings include important works by architects having a national reputation, buildings or groups of buildings selected for inclusion in the National Park Service's Register of National Historic Landmarks, or unique examples illustrating American architectural development. In addition to the architectural significance of the buildings in this classification, they may be associated with historical events or persons that have national importance.
(2)
Category B, buildings of major architectural importance. Buildings in this classification include outstanding examples of works by notable architects or builders; unique or exceptionally fine examples of a particular style or period when original details remain; buildings which make up an important, intact grouping or row, even when some of the buildings within the group have been defaced; and noteworthy examples of construction techniques when the original fabric of the building is basically intact.
(3)
Category C, buildings of architectural or historical importance. This category includes buildings that are typical examples of architectural styles or types found in the city, when the building retains its original architectural details and makes a notable contribution to the overall character of a particular area of the central business district. In some cases, buildings of lesser architectural importance will be included in this category if they introduce an important keynote to an area or have specific historical significance related to either an historical event or person.
(4)
Category D, important buildings that have been altered. This category generally includes important buildings dating from the 19th century that have had much of their exterior architectural details removed or covered. Due to their scale and basic construction, however, these buildings still make a notable contribution to the overall character of a particular area. If a building in this classification were to be properly restored or renovated, the rating would automatically be raised.
(5)
Category E, buildings that contribute to the scene. These buildings generally date from the late 19th century or early 20th century and are typical examples of an architectural period or style. Though these buildings are of lesser stylistic importance, and are frequently quite modest in appearance, they are important to the character of the area due to scale, materials, and/or age.
(6)
Category F, unrated buildings. These are buildings which have not been given a specific architectural rating. These buildings are generally 20th century structures that have no real architectural value.
Violator(s) means any person(s), firm(s), or corporation(s) owning property, including their lessee(s), tenant(s), agent(s), employee(s), or any person(s) acting or claiming to act on their behalf, and/or contractor(s) or any individual(s) retained by any person(s), firm(s), or corporation(s) owning property, including their lessee(s), tenant(s), agent(s), employee(s), or any person(s) acting or claiming to act on their behalf to construct, renovate or modify a structure or perform site improvements that is executed in a manner inconsistent with this chapter, and/or transferor(s) of property responsible for deviations of this chapter at the time of said transfer.
(M.C.S., Ord. No. 20626, § 1, 4-4-02; M.C.S., Ord. No. 23553, § 1, 5-21-09; M.C.S., Ord. No. 27924, § 1, 11-1-18)
Cross reference
Definitions generally, § 1-2.