SUMMARY DESCRIPTION

In the context of rebuilding Lakeview, the Lakeview Civic Improvement Association has received many questions regarding the zoning rules and regulations that apply to the Lakeview area. This general description of the zoning regulations unique to Lakeview is designed to address some of the more frequently asked questions regarding the Lakeview Sub-district Interim Zoning District. The following describes some, but not all, of the regulations contained in the "Lakeview Sub-district Interim Zoning District."  For a complete set of the rules, you should carefully read the IZD Ordinance, a copy of which is posted on the LCIA website.

The regulations in this ordinance, supersede the underlying RD-2 District regulations.

The setback regulations are contained in the "Area Regulations" beginning on line 107 of page 6 of the IZD Ordinance. Generally speaking, 20’ front and rear yard setbacks, and 4’ side yard setbacks are required. This is different from the old 3’ standard side yard setbacks. More specifically, the regulations require a 20 foot front yard setback or the average of the front yard setback on the block face. Relative to the side yards, an aggregate side yard setback of 20% of the lot's width is required up to a maximum of 12 feet (the 2 on the chart is a type-o), with a minimum of 4 feet on any one side. Since there is a 10 foot side yard setback required on a corner property, any such applicant (corner) needs 10 feet on the corner side and 4 feet on the interior side. All setback requirements are from property lines.  If the owner is unsure where property lines are, then they should check a survey of the property.

Accessory structures are allowed in the rear yard setback area.  They can only cover 40% of the required rear yard setback (rear 20 feet) and are limited to 14 feet in height.   They can be built on the rear and side property lines as long as the adjoining property owner hasn't built on the line already.  If so, then the accessory structure needs to be setback 3 feet from the property line.  For property that is on an alley, along the rear of the property the accessory structure can go on the rear line.  This accessory structure can be a garage or storage area or a combination of both. It cannot have any living space in it.  No accessory structures are allowed in the front yard setback.

Open, unenclosed porches, raised platforms or raised paved terraces, not covered by a roof or canopy, which do not extend above the level of the first floor of a building, or a maximum of five (5) feet above grade, may extend or project into the front or side yard not more than 6 feet. Also, relative to paving, no more than 40% of the required front yard setback (20 feet) can be paved.

Single-Family residences having alley access are required to provide 2 off-street parking spaces.  No parking is allowed in the front yard setback.

Curved (circular) or square driveways in the front yard setback are prohibited. Driveways that cross the front yard setback shall be used to cross to on-site parking in the rear and are restricted to 20 feet in width. No parking is allowed in the required 10 foot side yard on the corner.

A roof, gutter, eave, fixed awning, or canopy, attached to a building but having no other support, may project no more than (5) feet into a required front, side or rear yard. (Art.15.5.7); A wheelchair ramp is allowed to protrude (7) feet into front or rear yard. (Art. 15.5.8 .2); A carport, attached or detached to main building may be constructed in a required side yard but must be set back (40) feet from front lot line and (3) feet from side lot line. (Art. 15.5.9.4); Open stairs, balconies and projections of chimneys can protrude into rear yard (5) feet. (Art. 15.5.10.1); A fence cannot exceed (7) feet in height. (Art. 15.6.1)

Should the owner wish to appeal these regulations, they can file an application with the City Planning Commission who will write a report and forward a recommendation to the City Council. Waivers are disfavored by LCIA and will rarely be recommended.

The Lakeview Civic Improvement Association worked tirelessly for several years pre-Katrina to secure widespread community input and the consent of city planners for the imposition of the interim zoning district covering all of Lakeview. The IZD incorporated the longstanding moratorium on “new” doubles, as well as a prohibition on circular drives, added side yard setbacks and other rules for desirable development. Waivers of the rules and regulations were rarely supported pre-Katrina, and the policy going forward will be basically the same. LCIA will review each waiver request on an ad hoc basis. Waivers are discouraged, and will only be supported in three instances:

1. A showing of a true hardship – such as required handicap access.

2. Construction on an odd-shaped lot which requires minor variations that enhance the development and the overall intent of the IZD.

3. For a front yard setback for existing structures that must be raised due to Katrina, a 2’ waiver of the 20’ required front yard setback will be considered for the stairs, where necessary. The building structure must meet the setback requirements.

ALSO, in the context of renovating and repairing an existing structure, a one foot waiver of the side yard setback will be considered to allow the renovated structure to maintain the existing building lines. (This is really not a waiver, but should be allowed by safety and permits without a waiver application)

There will be NO waivers relating to the “no new doubles” rule. New structures will have to comply with the IZD rules, including all setbacks.