Sec. 170-645. - Construction, alteration and remodeling of boathouses.
(1) Definitions. As used herein these terms shall have the following meanings:
1.1 Boathouse: Each of the boathouses located at Municipal Yacht Harbor and erected over and in the waters of Lake Pontchartrain and that is leased by MYHMC to a lessee; more particularly the leased premises, as defined and described in the applicable boathouse lease. As used here, a boathouse is distinct and separate from an adjacent boathouse even though it might be leased or occupied or used as one structure by the same lessee. Also as used here, a boathouse is considered a boathouse regardless of the condition of the structure or the absence of all or a portion of the structure.
1.2 Boathouse group: There are five boathouse groups. They are defined as boathouses 1 through 36, boathouses 37 through 37a, boathouses 38 through 77, boathouses 78 through 96, and boathouses 100 through 137.
1.3 Boathouse lease: The lease between MYHMC and any lessee with respect to a boathouse.
1.4 Lessee: Any person or entity that leases a boathouse at Municipal Yacht Harbor from MYHMC.
1.5 MYHMC: Municipal Yacht Harbor Management Corporation.
1.6 Original front wall of the boathouse: The street side of the wall, as originally constructed, between the boathouse and the adjacent street, being either North Roadway or Breakwater Drive. This wall is consistent from boathouse to boathouse within each boathouse group.
1.7 First floor: The level of a boathouse that is the first full or partial level above the water.
1.8 Second floor: The level of a boathouse that is the first full or partial level above the first floor.
1.9 Third floor: The level of a boathouse that is the first full or partial level above the second floor.
1.10 Front of the boathouse: The end of the boathouse closest to the adjacent street, being either North Roadway or Breakwater Drive.
1.11 Rear of the boathouse: The end of the boathouse closest to the marina.
(2) General provisions.
2.1 Before the commencement of any work for the construction, alteration, addition to or modification of any existing boathouse, application by the lessee for a permit therefore shall be made to the New Orleans Municipal Yacht Harbor Management Corporation ("MYHMC"), a public benefit corporation of the city. If MYHMC issues a certificate, in such form as MYHMC shall from time to time approve, stating that the work complies with the design criteria of MYHMC (a compliance certificate) pursuant to its design criteria, or is deemed to have done so by passage of time (where such is provided for in MYHMC's design criteria and boathouse work compliance procedures), then and only then, a boathouse lessee may submit an application for a permit to the director of the department of safety and permits or his designee, accompanied by the MYHMC compliance certificate and drawings and specifications therefore. Said drawings and specifications must comply with all applicable building code requirements subject to all waivers that each such applicant shall have been eligible for prior to August 29, 2005. If the drawings and specifications are found by the director of the department of safety and permits to comply reasonably with all regulations, ordinances and laws of the city, a permit for such work shall be issued promptly.
2.2 The subject boathouse structures, situated completely within and upon city property and which boathouses are or may become the property of the city upon the termination of the boathouse leases, shall not be altered or added to in any manner which shall interfere with or reduce the capability of such boathouse to serve its original and prime purpose, which is to house medium- to large-size motor yachts in boat slips with a minimum 40-foot length.
2.3 No construction, alteration, addition to or modification of any boathouse shall interfere with the structural integrity, drainage or functioning of adjoining boathouses or interfere with such adjacent boathouses' lessees' peaceful enjoyment of their boathouses by impeding the view from or access to the boathouses they lease.
2.4 In order to avoid a hazard to navigation, no vessel shall be moored in such a manner as to project beyond the end of a boathouse, nor shall any vessel be moored across the end of and outside of a boathouse.
2.5 Any permit issued by the department of safety and permits pursuant to this section is predicated upon the compliance certificate issued by MYHMC. Accordingly, any violation of the terms and conditions of the MYHMC compliance certificate, as determined by MYHMC, shall also constitute a violation of the permit issued by the department of safety and permits pursuant to plans and specifications submitted to the department of safety and permits pursuant to subsection 2.1 hereof.
2.6 For boathouses that suffered less than 50 percent damage in Hurricane Katrina on August 29, 2005, as determined by the department of safety and permits, boathouse lessees shall be permitted to repair and restore their boathouse improvements without being required to elevate the second floor above the level at which it existed on August 28, 2005, regardless of any provision contained herein or in any other regulation, law or ordinance.
(3) Requirements. Figures A through G are included to illustrate the practical application of requirements set forth in the text of sections (1) through (3) and their subsections. In case of conflict between the text and a figure, the text shall govern.
Subject to the foregoing, the following uniform standards are established:
3.1 Katrina damage less than 50 percent. Each applicant, unless he or she intends to elevate in accordance with chapter 78 regardless, must obtain and submit to MYHMC a written finding by the department of safety and permits that the damage occasioned by Hurricane Katrina was not so substantial as to trigger a requirement that the second floor be raised in accordance with chapter 78 of the New Orleans City Code, with MYHMC having no obligation to commence review of applicant's plans and specifications prior to its receipt of a valid certificate or finding by the department of safety and permits on that issue.
3.2 Foundation. Foundations must be designed to comply with all applicable codes, rules and regulations. MYHMC makes no representations as to the capacity of existing pilings to support loads imposed on them, new or existing. However, all boathouse modifications that include a third floor must include the installation of new pilings to support all loads imposed on them by the boathouse being constructed, altered, added on to or modified, and by neighboring boathouses, all as determined by the registered design professional in responsible charge.
3.3 Structural system. Structural systems must be designed to comply with all applicable codes, rules and regulations. MYHMC makes no representations as to the capacity of existing structural systems to support loads imposed on them.
Structural systems must support all loads imposed on them by the boathouse being constructed, altered, added on to or modified, and by neighboring boathouses, all as determined by the registered design professional in responsible charge.
All construction must be permanently fixed to the foundation. Manufactured homes such as trailers or homes that maintain their integral delivery chassis are not permitted.
3.4 Common walls. If a boathouse is separated from all adjacent boathouses not owned or occupied by the boathouse lessee, by means of walls having a fire-resistance rating of not less than two hours as provided for in the Louisiana State Uniform Construction Code, the director of the department of safety and permits shall deem the boathouse to qualify as having an occupancy classification of R-3 in accordance with the Louisiana State Uniform Construction Code, thus qualifying the boathouse for review under the Louisiana State Construction Code as a one-family dwelling.
3.5 Flood-resistant materials below the base flood elevation. All materials utilized below the base flood elevation must be flood-damage resistant, as defined in FEMA Technical Fact Sheet No. 1.7, "Coastal Building Materials" (12/10).
3.6 Dimensions and exteriors. The dimensions and exteriors of the boathouses shall be maintained so as to present a uniform appearance with those in the same boathouse group.
3.7 Boat slip. Each boathouse must contain a boat slip of at least 40 feet in length. Where lessee leases and/or occupies adjacent boathouses, the required slip must be provided within each boathouse.
3.8 First floor improvements.
(See Figure A)
3.8.1 First floor construction and uses are limited to those permitted in FEMA Technical Fact Sheet No. 1.4, "Lowest Floor Elevation" (12/10) or subsequent rules on revisions on that topic, subject to such discretion as the department of safety and permits has and chooses, in its sole discretion, to exercise.
3.8.2 An open deck shall be constructed on the first floor and to the rear of the original front wall of the boathouse. This open deck must be constructed between the slip and the original front wall or any enclosed area that exists. The deck must be constructed across the entire width of the boathouse and shall be a minimum of 48 inches in width.
3.8.3 Catwalks which are parallel to the long dimension of the boathouse shall be constructed on at least one side of every boathouse and extend from the open deck required by subsection 3.7.2 [3.8.2] to the rear end of the boathouse. Catwalks shall not exceed 30 inches in width within each boathouse.
3.8.4 No wall, screen, fence or similar construction may be erected to divide the open decks required by subsection 3.7.2 [3.8.2] or the catwalks required by subsection 3.7.3 [3.8.3]. However, railings may be placed along the edges of the open decks and catwalks immediately adjacent to the slip.
3.8.5 At the first floor level only, a boathouse lessee may enclose or screen an area that extends a maximum of 6 feet from the original front wall of the boathouse toward the street for storage or to conceal garbage/trash receptacles.
3.9 Second floor improvements.
(See Figures B, C, D and E)
3.9.1 Unless exempted by the department of safety and permits pursuant to section 3.1 hereof, the second floor shall be constructed so that the bottom of the lowest horizontal structural member supporting the second floor shall be a minimum of one foot above the city base flood elevation and the top of the second floor is no higher than three feet above the city base flood elevation.
3.9.2 A second floor of a boathouse may be constructed from the original front wall of the boathouse to the rear of the boathouse. The first 40 feet from the original front wall of the boathouse may be enclosed. All or part of the next 20 feet toward the rear of the boathouse may be enclosed and incorporated into the first 40 feet of enclosed area if the boathouse lessee obtains the written consent of the boathouse lessees of the nearest boathouses in each direction that are not owned or occupied by the boathouse lessee. In no event may this enclosed area of a second floor extend beyond 60 feet from the original front wall of the boathouse. (See Figures D and E)
3.9.3 An open deck may be constructed at the second floor in all or part of the remaining length of the boathouse toward its rear. No fence, wall, screen or similar construction may be erected on any side of an open deck. (See Figures D and E)
3.9.4 At the second floor only, the boathouse lessee may erect a deck that extends toward the street as provided in the following subsections:
3.9.4.1 For boathouses on Breakwater Drive with second floors at the level which existed on August 28, 2005, the front deck may extend up to 24 feet from the original front wall of the boathouse or to a minimum of five feet from, Breakwater Drive, whichever is greater. A roof may be constructed over such decks but the roof may not extend more than 12 feet beyond the original front wall of the boathouse. No fence, wall, screen or similar construction may be erected on any side of such decks except that, the first 12 feet extending from the original front wall of the boathouse may be enclosed and incorporated into the living area if the boathouse lessee obtains the written consent of the boathouse lessees of the nearest boathouses in each direction that are not owned or occupied by the boathouse lessee. In no event may a roof or an enclosed area of a second floor extend beyond the first 12 feet from the original front wall of the boathouse. (See Figures B and D)
3.9.4.2 For boathouses on Breakwater Drive with second floors above the city base flood elevation, the front deck may extend up to 12 feet from the original front wall of the boathouse. A roof may be constructed over such decks but the roof may not extend past the edge of the deck. No fence, wall, screen or similar construction may be erected on any side of such decks. (See Figures C and E)
3.9.4.3 For boathouses on North Roadway with second floors at the level which existed on August 28, 2005, the front deck may extend to the seawall between the boathouse and North Roadway. A roof may be constructed over such decks but the roof may not extend past the edge of the deck. No fence, wall, screen or similar construction may be erected on any side of such decks except that the first eight feet extending from the original front wall of the boathouse may be enclosed and incorporated into the living area if the boathouse lessee obtains the written consent of the boathouse lessees of the nearest boathouses in each direction that are not owned or occupied by the boathouse lessee. In no event may an enclosed area of a second floor extend beyond the first eight feet from the original front wall of the boathouse. (See Figures B and D)
3.9.4.4 For boathouses on North Roadway with second floors above the city base flood elevation, the front deck may extend up to eight feet from the original front wall of the boathouse. A roof may be constructed over such decks but the roof may not extend past the edge of the deck. No fence, wall, screen or similar construction may be erected on any side of such decks. (See Figures C and E)
3.9.5 he minimum height of any railing shall be governed by applicable codes and rules administered by the department of safety and permits and/or other government authorities with jurisdiction. Regardless of any of the foregoing provisions, all second floor decks shall have a railing at the edges which does not exceed 44 inches in height.
3.10 Third floor improvements.
(See Figure F)
3.10.1 A third floor may be constructed toward the rear of the boathouse as an enclosed area, a deck with or without a roof, or a combination thereof. It must be set back ten feet from the original front wall of the boathouse and may not extend more than 60 feet from the original front wall of the boathouse. The third floor may not be constructed closer than three feet to the nearest boathouse in each direction which is not owned or occupied by the boathouse lessee.
3.10.2 The top of a third floor may not be higher than 11 feet, six inches above the top of the second floor.
3.11 Stairs. Stairs from the first floor to either the second floor or the open deck level which existed on August 28, 2005 may not be constructed forward of the original front wall of the boathouse. Stairs and a landing not to exceed a width of four feet, or as required by code, may be constructed forward of, and parallel to, the original front wall of the boathouse from the open deck level which existed on August 28, 2005 to the second floor when the second floor is required to be constructed above the City of New Orleans Base Flood Elevation. Such stairs are subject to the approval of MYHMC on a finding of MHYHC in its sole discretion that stairs are architecturally appropriate and consistent with the goal of maintaining a consistent appearance. Stairs to the third floor may not be constructed within ten feet from the original front wall of the boathouse.
3.12 Height.
(See Figure G)
3.12.1 The highest point of a boathouse roof over a second floor may be no higher than 30 feet above the highest level of the public street immediately adjacent to the boathouse. The highest point of a boathouse roof over a third floor may be no higher than 42 feet above the highest level of the public street immediately adjacent to the boathouse.
3.12.2 No floor level above the third floor is permitted.
3.13 Roof slope.:
(See Figure G)
The slope of all boathouse roofs must be three inches of rise for every 12 inches of run, to match the predominant slope of existing boathouses. Roofs must slope uniformly towards adjacent boathouses, except that all or part of roofs located above a third floor may slope toward the front and/or rear of the boathouse.
3.14 Roof size.
(See Figure H)
No horizontal distance between a roof valley and a roof ridge may exceed 15 feet or half of the width of a single boathouse, whichever is less.
3.15 Roof drainage. Boathouses are required to have gutter and downspout systems that collect rainfall runoff from the roof. The system shall discharge the collected water into the marina. It is the responsibility of the lessee constructing, altering, adding on to or modifying its boathouse to provide a gutter and downspout system adequate for its boathouse and any adjoining boathouses that shared a storm drainage system at the time that construction commenced.
3.16 Roof overhangs. No roof overhang may extend closer than two feet to the nearest adjacent boathouse not leased or occupied by the lessee.
Figures A through G on the following pages are included within and form a part of Section 170-645, as amended and reordained by virtue of M.C.S., Ordinance No. 24590.
3.17 Breakwater Drive parking spaces. On Breakwater Drive, boathouses shall provide parking for a minimum of two vehicles between the original front wall of the boathouse and Breakwater Drive. Such parking spaces shall be a minimum of eight feet, six inches wide by 18 feet long by seven feet, six inches high. Parking spaces and driveways shall be paved with concrete or similar approved hard-paved surface materials, extending from the edge of the street continuously to the bulkhead. Parking spaces and driveways are to be used for parking of motor vehicles on a day-to-day basis; no boats, vessels, watercraft, recreational vehicles, campers or trailers of any kind shall be kept overnight in the driveway or parking spaces.
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(M.C.S., Ord. No. 22155, § 1, 3-2-06; M.C.S., Ord. No. 23108, § 1, 5-15-08; M.C.S., Ord. No. 23805, § 1, 11-19-09; M.C.S., Ord. No. 24590, § 1, 9-22-11; M.C.S., Ord. No. 25159, § 1, 1-10-13)
