§ 40-169. Definitions.

The definitions listed below shall serve the purposes of the Old Metairie Neighborhood Conservation District. For definitions not specified in this subsection, section 40-3, Definitions, of this chapter shall apply.

Addition shall mean a structure added to the original structure at some time after completion of the original.

Alteration shall mean any act or process that changes one (1) or more of the exterior architectural features of a structure, including but not limited to the construction, reconstruction, repair, partial demolition, or movement of any structure or part thereof.

Asymmetry shall mean the lack of symmetry or balance of architectural features in a structure.

Balustrade shall mean a rail or row of posts that support it, as along the edge of a staircase.

Building coverage (footprint) shall mean the horizontal area measured within the outside of the exterior walls of the ground floor of the main structure.

Building, height of shall mean the vertical distance of the principal residential building or structure shall be measured from eighteen (18) inches above the crown of the street or base flood elevation, as determined by the Federal Emergency Management Agency (FEMA) National Flood Insurance Program (NFIP) Flood Insurance Rate Maps Community No. 225199, whichever is higher, to the following points:

(1)

For gable, gambrel, and hip roofs: to the mean height between the top of the eave and top of ridge;

(2)

For flat roofs: to the highest point;

(3)

For roofs which combine pitched and flat components: if flat roof portion that is flat is less than twenty-five (25) percent of the floor area directly below, the measurement shall be taken from the midpoint between the imaginary point of intersection (of the extended pitches) and the top of the eaves;

(4)

For mansard roofs: to the highest point of the deck line or ridge.

See terms defined and depicted in the definition of "roof" in section 40-3. However,

(1)

Where a building or structure is placed within multiple flood zones, the building or structure shall be measured from the highest elevation of the flood zones or eighteen (18) inches above the crown of the street whichever is higher;

(2)

Where no base flood elevation exists, the building or structure shall be measured from eighteen (18) inches above crown of the street.

Construction shall mean the erection of any improvements to a site on any parcel of ground located within the Old Metairie Neighborhood Conservation District or on a landmark site, whether the site is currently improved, unimproved, or thereafter becomes unimproved by demolition, demolition by neglect, destruction of improvements by fire, windstorm or other natural casualty, or otherwise.

Deck shall mean a platform extending horizontally from the rear or side yard of the structure, located to rear of the front building line of the lot and not within the front yard.

Demolition shall mean the complete removal of a structure from a site within the Old Metairie Neighborhood Conservation District.

Demolition by neglect shall mean neglect in the maintenance or deterioration of any structure within the Old Metairie Neighborhood Conservation District characterized by any of the following conditions:

(1)

Structures with attached parts subject to fall, resulting in injury to persons or property;

(2)

Deteriorated or inadequate foundation;

(3)

Defective or deteriorated floor supports, or floor supports insufficient to carry imposed loads with safety;

(4)

Members of walls or other vertical supports that split, lean or buckle due to defective material or deterioration, or members of walls or vertical supports insufficient to carry imposed loads with safety and;

(5)

Any deterioration of a structure to the extent that it creates or permits a hazardous or unsafe condition as determined by the department of inspection and code enforcement.

Design guidelines shall mean a standard of appropriate activity that will preserve the defined character of the structure of the neighborhood conservation district.

Development shall mean the completion of any structure, the division of land into two (2) or more parcels and the creation or termination of rights of access, rights-of-way or servitude.

(1)

The following activities or uses shall constitute development as defined in this article:

a.

Demolition of a structure;

b.

Removal of trees which triggers a tree removal permit as is required by the tree preservation requirements of this district;

c.

Construction, addition, or alteration which causes changes in the size or external appearance of a structure or land including any adjustments to lot grade such as filling or cutting soil;

d.

Increase in the intensity of the use of land, including but not limited to increases in the number of dwelling units or impervious surfaces and;

e.

Departure from the normal use for which development permission has been granted, or failure to comply with the conditions of an ordinance, rule or order under which the development was initiated or allowed to continue.

(2)

The following activities or uses do not constitute development for the purposes of this article:

a.

Work for the maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior, color, or exterior decoration of the structure which does not otherwise change the external structural appearance of the structure and;

b.

The creation or termination of servitudes, easements, covenants or other rights in land not involving development or affecting the character of the neighborhood conservation district.

Development activity shall mean any development including demolition, construction, alteration or addition within the Old Metairie Neighborhood Conservation District which may affect the district character and subject to review by the Old Metairie Commission relative to appropriateness for the district.

Eclectic architectural style shall mean an architectural style derived from the selection of what appears to be the best elements from a number of diverse architectural styles to further the purposes of the preservation of the character and ambience of the Old Metairie Neighborhood Conservation District.

Encapsulated fill foundation shall mean a type of foundation designed so continuous foundation walls and fill soil entirely contained by the foundation walls support an elevated slab.

Existing grade shall mean the existing elevation of the ground at the building or building site prior to any new development, new construction, or new demolition.

Exterior architectural style shall mean the architectural character and general composition of the exterior of a structure, including but not limited to the general design and architectural appearance, and arrangement of the exterior of a structure, the type, design and character of all roofs, windows, doors, light fixtures, signs and appurtenant elements.

Façade massing angle shall mean the forty-five (45) degree angle measured at base flood elevation from the front lot line towards the structure on the lot and controls the structures mass as it is perceived from the street. See Figure 40.169.1.

Figure 40.169.1. Facade Massing Angle illustration

Flood elevation measurement shall mean a measurement of elevation equal to two and nine-tenths (2.9) feet relative to the National Geodetic Vertical Datum of 1929 (NGVD29), indicated as the high water mark in the OMNCD according to the Federal Emergency Management Agency's surge inundation map titled "Hurricanes Katrina and Rita Surge Inundation and Advisory Base Flood Elevation Map, Jefferson Parish, Louisiana," dated June 5, 2006, located in the Planning Department of Jefferson Parish, plus one (1) foot of freeboard elevation for a total of three and nine-tenths (3.9) feet relative to NGVD29.

Landmark shall mean a parcel with improvements of particular historic, architectural or cultural significance within the Old Metairie Neighborhood Conservation District that meets any of the following conditions:

(1)

Exemplifies the broad cultural, political, economic or social history of the community, state or nation;

(2)

Identifies with historic persons or important events in the local, state or national history;

(3)

Embodies distinguishing characteristics of an architectural type valuable for a study of a period, style, method of construction, or indigenous materials or craftsmanship and;

(4)

Represents notable work of a master builder, designer or architect whose individual ability has been recognized.

Livable area shall mean any space within a building that is used for living purposes including working, sleeping, eating, cooking, or recreation, or a combination thereof and may include any combination of habitable and non-habitable rooms as defined by the minimum housing standards of the Jefferson Parish Building Code. Areas used only for storage purposes or vehicle storage are not considered livable area.

Loose fill shall mean fill that is not contained by an enclosed structure.

Masonry walls, low shall mean masonry walls with a maximum height of three (3) feet.

Mass shall mean the overall proportion of a structure within the Old Metairie Neighborhood Conservation District, including size, height and symmetry, relative to the original proportion of the structure and surrounding structures in the vicinity.

Neighborhood conservation commission shall mean an advisory board, pursuant to Article 4.06 of the Charter, composed of a group of duly appointed persons to make recommendations to the Parish Council and Administration to carry forth the purposes of the Old Metairie Neighborhood Conservation District.

Neighborhood conservation district shall mean a zoning district created to maintain the aesthetic qualities and open character of existing neighborhoods by fostering retention of existing single-family structures and additions to existing properties without demolition of sound residential structures, and to assure compatibility of design of new residential units with existing structures on the same or surrounding properties.

Ordinary repairs and standard maintenance shall mean work done to prevent or stop deterioration, decay or damage, or to replace a part of the building with the intent of restoring the structure as nearly as practical to the condition prior to such deterioration, decay or damage.

Pier-style foundation shall mean a construction method designed to elevate a structure without the use of fill soil or continuous foundation walls. Such methods include piers, pilings, posts, or columns.

Porch shall mean a roofed area, which may be glazed or screened, attached to or part of and with direct access to or from a structure and usually located on the front or side of the structure.

Raised building shall mean a building with the top of the floor of the lowest livable area elevated above grade.

Renovation shall mean the restoration of a structure within the Old Metairie Neighborhood Conservation District to an earlier condition by repairing or remodeling.

Retaining wall foundation shall mean a type of foundation designed so continuous foundation walls support an elevated slab or floor joists without the use of fill soil. Shear wall foundations, stem wall foundations, or similarly constructed foundations shall be considered retaining wall foundations.

Side-yard massing angle shall mean the forty-five (45) degree angle measured at the following heights above base flood elevation (BFE):

a.

R-1A Single-family residential district: eighteen (18) feet.

b.

R-1B Suburban residential district: sixteen (16) feet.

c.

R-1C Rural residential district: fourteen (14) feet.

d.

R-1D Rural residential district: twelve (12) feet.

Figure 40.169.2. Side-Yard Massing Angle illustration

Silt fencing shall mean a temporary sediment barrier consisting of filter fabric entrenched into the soil and attached to supporting posts designed to allow sediment to fall out of suspension and separate from the runoff.

Streetscape shall mean the general appearance of a block or group of blocks within the Old Metairie Neighborhood Conservation District with respect to the structures, setbacks from public rights-of-way, open space and the number and proportion of trees and other vegetation.

Symmetry shall mean a balance of architectural components in a structure.

Terracing shall mean a raised bank of earth, or a series of banks, used as a technique to elevate landscaping. Elevated planting beds used in landscaping shall be considered terracing.

(Ord. No. 23201, § 2, 12-12-07; Ord. No. 24169, § I, 12-7-11; Ord. No. 24640, § II, 1-15-14)