Lake Vist Property Owners Association, New Orleans

BUILDING RESTRICTIONS

“LAKE-VISTA SUBDIVISION”

These restrictions are hereby made to apply to all lots in the “East half, of the Lake-Vista Subdivision”, Zone No. 2, Lakefront De- development of The Board of Levee Commissioners of the Orleans Levee District in the City of New Orleans, Louisiana

SECTION I

DEFINITIONS:

(A) Where reference is made to the Official Map of Lake-Vista it refers to the map titled “Supplemental Map of Lake-Vista on Lake Pontchartrain, New Orleans, Louisiana, Board of Levee Commissioners of the Orleans Levee District”, dated July 10, 1939. File No. 2404-B-L-D., the East Half of which has been surveyed and drawn by F.C. Gandolfo, Jr., Surveyor, as of April 15, 1946, and revised August 9, 1946, by F. C. Gandolfo, Jr., Surveyor, a copy whereof is on file the office of the Board of Levee Commissioners of the Orleans Levee District, New Orleans, Louisiana

(B) Where the name “Orleans Levee Board” appears it shall mean The Board of Levee Commissioners of the Orleans Levee District.

SECTION II

APPROVAL OF BUILDING PLANS:

(A) Before construction of a residence or garage or fence or other structure is begun, the owner shall submit detailed plans and specification of the proposed building or structure to the Orleans Levee Board for written approval and no work shall be permitted on the building until such written approval is received and building permit obtained from City of New Orleans

(B) The approval of all structures will be based not only on safety but also on appearance and layout of the building.

(C) It is also the purpose of the approval to prevent too large a variance in the architectural appearance and size or cost of homes in the same lane or park, and by so doing to protect the value of homes in each neighborhood.

SECTION III

GENERAL USE OF LOTS IN EAST HALF AND CENTER OF LAKE-VISTA

(A) All lots in “Lake-Vista” in Squares 18 to 34, both inclusive, excepting Square 23-A and 23-B, shall be used exclusively for residences.

(B) All of Squares 23-A and 23-B are herby declared to be unrestricted as to the future use of said squares, the Orleans Levee Board hereby reserving the right to convert said two squares either into residential or commercial areas, at its election.

(D) Squares 37-A and 37-C are reserved for Churches and religious schools

(E) Squares 37-B is reserved as a proposed Public School site.

SECTION IV

RESIDENTIAL LOTS: HEIGHT AND USE REGULATIONS

LAKE-VISTA, WEST HALF

(A) Lots in Squares 1 to 17, both inclusive, in the Lake Vista Subdivision, have been previously subjected to certain building restrictions, which are substantially similar to the restrictions embodied herein and applying to the EAST HALF of said subdivision.

LAKE-VISTA, EAST HALF

(B) Only single family residences not to exceed thirty-five (35) feet in height and of not more than two and one-half stores can be constructed on the site in Squares 18 to 34, both inclusive, except in Squares 23-A and 23-B. (See Paragraph (B) Section III.)

(C) No parcel of ground or lot or lots listed in squares 18 thru 34, excepting Squares 23-A and 23-B shall ever be used directly or indirectly for business purposes of any kind or character: nor shall any building or structure be erected on said lots, and/or after erection, no building or structure shall ever be re-erected, altered or remodeled, in whole or in part, for any purpose except for private dwelling purposes.

SCHOOLS AND CHURCHES

(D) Public schools may locate and exist only in Square 37-B, and Churches and religious schools may locate and exist on dedicated sites and shown on Subdivision Plan in Squares 37-A and 37-C.

SECTION V

COMMERCIAL DISTRICT

Only selected approved public or semi-public Federal, State and City utilities and retail commercial uses, whether these be legally called light manual “professions” and/or trades or shops, shall be permitted to locate in Lake-Vista, and these shall locate only within Squares 35, 36-A, 36-B and 36-C, and are limited to the following uses and regulations:

Banks, Medical Clinics (but to exclude hospital and to exclude any correctional institution for mental cases); Offices, Public Halls, Picture Shows, Agencies, Shops for Beauticians, and/or Barbers; Dressmaking and/or Tailoring, Florist Shops, Shops for groceries, fruits and vegetables, poultry, meat, fish and other seafood; Restaurants (but not to include saloons or bars); Soft Drinks, Delicatessen Shops, Confectionery Shops (but not to include bake ovens); Drugstores, Drygoods, Furniture, Millinery, and Notion or Gift Shops; Shoe Repair Shops, Hemstitching Parlors, Book Stores and/or Book Lending Libraries; Hardware Stores for light stock and with limited paint and inflammable storage; Agencies for delivering and receiving packages for Laundry, Cleaning and Pressing Shops, but to exclude any and all cleaning and pressing processes from the location; oil stations, car washing and greasing and general servicing, but not to include repairs; it being further agreed that above light commercial uses shall be permitted only when and if approved first by a special written permit approving the location and arrangement and conduct of such commercial use and to include approval and locations and limitations of size and number and type of signs, lighting and devices; and it being further agreed that all permits are subject to withdrawal upon receipt of a due notice in writing from the Orleans Levee Board, when and if the operation of any business is deemed by the Board to be in any way detrimental to the development of Lake-Vista.

Square 23-A and 23-B are not included herein, but the nature of the restrictions to be applied to said two squares shall be left to the future determination of the Orleans Levee Board as provided in “Paragraph (B) of Section III.”

SECTION VI

GENERAL RESTRICTIONS FOR LOT FRONTAGES

Frontage of each lot shall be on the lane, or the park adjacent thereto, except for the lots noted below. The following lots shall have their frontages on Beauregard Avenue:

Square No. 22 Lots 1, 2, 60 and 61

Square No. 23 Lots 1 and 2

Square No. 25 Lots 1 and 2

Square No. 26 Lots 1, 2, 39 and 40

Square No. 27 Lots 1, 2, 12, and 13

The following lots shall have their frontages on Robert E. Lee Boulevard:

Square No. 30 Lots 1 and 2

Square No. 31 Lots 1, 2, 31, and 32

Square No. 32 Lots 1, 2, 56 and 57

Square No. 33 Lots 1, 2, 81 and 82

Square No. 34 Lots 1 and 2

SECTION VII

GROUND FRONTAGE REQUIRED

No residence shall be built on less than seventy-five (75) feet frontage of ground, except on lots facing Robert E. Lee Boulevard in Squares 30, 31, 32, 33 and 34, also on lots facing Beauregard Avenue in Squares 22, 23, 25, 26 and 27, as shown on the Official Map of “Lake-Vista”. No re-subdivision of lots shall be done which would leave remaining on the square a lot of an area or width below the standard for such square as indicated on the Official Map of “Lake-Vista”. No lot shall be shifted as to frontage. No lot shall be re-numbered. No lots shall be re-subdivided for private sale or other purposes unless first approved by the Orleans Levee Board.

SECTION VIII

MINIMUM SET BACK OF RESIDENCES:

FRONT, SIDE AND REAR YARD REQUIREMENTS

(A) No part of any residence shall be built closer than 20 feet minimum from the front property line of the lot, nor closer to either side property line of the lot than six feet minimum distance. In cases where the side or rear of a lot is on a park, lane, or boulevard, the building line shall not be closer than 20 feet from the property line of the lot. (See below, Paragraphs (B), and (D) with exception in (C) and see Section IX for total lot coverage requirement).

(B) Bay or bow oriel, dormers and other projecting windows and stairway landings or other structural parts shall not project beyond the front and side building lines.

(C) Cornices, spouting, chimneys, brackets, pilasters, grill work, trellises, and other similar projections and any projections for purely ornamental purposes may project beyond the front and side building lines, however, not exceeding two feet.

(D) Unenclosed, uncovered or covered porches, balconies and porte-cocheres, shall not project beyond the front or side building lines.

(E) The rear yard measured from the farthest back projection of the principal building to the rear property line shall be not less than sixteen (16%) percent of the depth of the lot, except that in deep lots, said yard need not exceed, at any point, a maximum of 20 feet, and on shallow lots no rear yard shall be less at any one point, than a minimum of 15 feet. (See Section IX for total lot coverage.)

SECTION IX

TOTAL LOT COVERAGE REGULATIONS

(A) No minimum front side and rear yard requirements listed in Section VIII shall be so interpreted that lot coverage for dwelling shall exceed thirty (30%) percent; except as listed below in Paragraph (B).

(B) When computing the total lot coverage, the area of a one-story garage located on same lot with a dwelling may be deducted from the total “Building Area”, but is not to exceed 200 square feet. (See Section VIII on setbacks.)

SECTION X

ACCESSORY BUILDING REGULATIONS

(A) Not more than two garages will be permitted on any building site which averages one hundred (100) feet or less in width. Not more than three garages will be permitted on any building site which averages one hundred (100) feet or more in width.

(B) All accessory buildings, except private greenhouses, erected on any lot, shall be approved when these correspond in style and architecture to the residence to which they are appurtenant, and plans for private greenhouses must be approved as to appearance and construction.

SECTION XI

SPECIAL GARAGE RESTRICTIONS

(A) Lots facing Beauregard Avenue or Robert E. Lee Boulevard adjoining a Lane or Park:

Square No. 22 Lots Nos. 1 and 61

Square No. 23 Lot No. 2

Square No. 25 Lot No. 1

Square No. 26 Lots Nos. 1 and 40

Square No. 27 Lots Nos. 1 and 13

Square No. 30 Lot No. 1

Square No. 31 Lots Nos. 1 and 32

Square No. 32 Lots Nos. 1 and 57

Square No. 33 Lots Nos. 1 and 82

Square No. 34 Lot No. 2

Garages erected on the above lots (whether detached from or attached to the main building) shall be placed so that no part thereof shall be closer than 20 feet from the property line of the adjoining lane or park.

The driveways serving these lots shall connect with Robert E. Lee Boulevard or Beauregard Avenue, whichever the lot faces.

All garages must be located in the rear yard and not closer than six feet from rear property line. (See also Section IX, Paragraph (B), and Sections X.)

(B) Lots facing Beauregard Avenue or Robert E. Lee Boulevard adjoining a Street:

Square No. 22 Lots Nos. 2 and 60

Square No. 23 Lot No.1

Square No. 25 Lot No. 2

Square No. 26 Lots Nos. 2 and 39

Square No. 27 Lots Nos. 2 and 12

Square No. 30 Lot No. 2

Square No. 31 Lots Nos. 2 and 31

Square No. 32 Lots Nos. 2 and 56

Square No. 33 Lots Nos. 2 and 81

Any garage erected on the above lots (whether detached from or attached to main building) shall be located in the rear yard with driveway connecting with the side street. No part of these garages shall be closer than six (6) feet from the rear property line; and further, any garage erected abutting side street property line must have doors which when open must not project beyond the property line, and when hinged doors are provided, the setback from service street must be of sufficient clearance for the swing of the door. Driveways connecting with Robert E. Lee Boulevard will not be permitted on these lots. (See also Section IX, Paragraph (B), and Section X.)

Square No. 18 Lots Nos. 1 to 32 Inc.

Square No. 19 Lots Nos. 1 to 33 Inc.

Square No. 20 Lots Nos. 1 to 29 Inc.

Square No. 21 Lots Nos. 1 to 22 Inc.

Square No. 22 Lots Nos. 3 to 59 Inc.

Square No. 23 Lots Nos. 3 to 38 Inc.

Square No. 24 Lots Nos. 1 to 6 Inc.

Square No. 25 Lots Nos. 3 to 32 Inc.

Square No. 26 Lots Nos. 3 to 38 Inc.

Square No. 27 Lots Nos. 3 to 11 Inc.

Square No. 30 Lots Nos. 3 to 12 Inc.

Square No. 31 Lots Nos. 3 to 30 Inc.

Square No. 32 Lots Nos. 3 to 55 Inc.

Square No. 33 Lots Nos. 3 to 80 Inc.

Any garage or garages erected on above lots (whether attached or detached from main dwelling) shall be located in rear yard; and further, any garage erected abutting rear property line on service street must have doors which when open, must not project beyond the property line, and when swinging doors are provided, the setback from service street must be of sufficient clearance on said lot for swinging doors. (See also Section IX, Paragraph (B), and Section X.)

(D) Lots which have their rear property line on Beauregard Avenue:

Square No. 28 Lots Nos. 1 and 2

Any garage erected on the above lots shall be attached to the main building, with no part of the garage being closer than twenty (20) feet from the property line of Beauregard Avenue. On Lot No. 1 no part of a garage shall be closer than twenty (20) feet from the property line of Floral Park. On Lot No. 2 no part of a garage shall be closer than twenty (2) feet from Phlox Lane. Driveways serving the garages on these lots shall connect with Beauregard Avenue. (See Section IX, Paragraph (B) and Section X.)

(E) Lots which have their rear property line on Robert E. Lee Boulevard:

Square No. 29 Lots Nos. 1 to 4 Inc.

Any garage erected on the above lots shall be attached to the main building, with no part of the garage being closer than twenty (20) feet from the property line of Robert E. Lee Boulevard. On Lot No. 1 no part of a garage shall be closer than twenty (20) feet from the property line of Cactus Lane. On Lot No. 4 no part of a garage shall be closer than twenty (20) feet from the property line of Floral Park. Driveways serving the garages on these lots shall connect with Robert E. Lee Boulevard. (See Section IX, Paragraph (B), and Section X.).

(F) Lots having their rear or side property line on Spanish Fort Boulevard:

Square No. 34 Lots Nos. 1 and 3 to 52 Inc.

Any garage or accessory building, other than greenhouses erected on these lots shall be attached to, or made a part of the main dwelling and shall be located in rear yard with garage entrance drive connecting with Spanish Fort Boulevard. (See also Section IX. Paragraph (B), and Section X.)

SECTION XIII

SERVICES

All services, such as gas, telephone, electric power, sewers, drains, and water pipes shall be placed underground from the property line to the building.

Relative to electric service, the owner shall lay or have laid a cable underground, from his meter to a Public Service manhole on a street or lane adjoining his lot. Relative to telephone service, the owner shall provide, at his own risk and expense, an open trench not less than fifteen (15) inches in depth from his house to a telephone hand hole on the street or lane adjoining his property. Location of this trench to be designated by the Telephone Company. The Telephone Company will then lay the necessary cable in this trench and the owner, after the cable is laid, will than backfill this trench at his own expense.

SECTION XIV

PARKS AND LANES

All parks, except Lake-Vista Park, and lanes are reserved for the common use of the property owners of “Lake-Vista”, and nothing shall be placed thereon, or no use shall be made thereof, to the detriment, inconvenience or annoyance of the resident, or owner of any part or portion of ground or of adjacent property; however, it shall be understood that the large parks are provided for the use by children of “Lake-Vista” as play areas.

SECTION XV

FENCES

Fences will be permitted as noted below:

Front yard fences, if and when erected shall not exceed 18” in height and shall be of neat and substantial construction and shall extend across the front of the lot.

Side fences, when erected between the front building line and front property line, shall not exceed 18” in height and shall correspond in construction to the front fence.

Side yard fences, if and when erected between the front building line and rear property line, shall not exceed five (5) feet in height, and must be of neat substantial open work construction of either iron or wire, or wood, or of brick or stone, or combination of any of these and shall not extend beyond the front building line.

Rear yard fences, if and when erected, shall not exceed five (5) feet in height, and must be of neat, substantial open work construction of either iron or wire, or wood, or of brick or stone, or a combination of any of these and shall conform to side yard fences where such are erected.

PLANTING

Hedges and shrubbery may be grown along fence lines, but shall be restricted to a height of two (2) feet along the front yard property lines, and shall be restricted to a height of six (6) feet on side property line, but shall be unrestricted as to height along the back property line of each lot.

Trees planted in the required side yards of one lot may not project into the required side yard of adjacent owner except upon agreement between affected owners that said projection is not objectionable.

All trees, shrubbery, flowers, lawns or other vegetation on private residential lots shall be kept in good order by the private owner or their tenants.

SECTION XVII

UPKEEP OF PARKS AND LANES

In order to maintain the lawns, shrubs and trees in the lanes, and sidewalks in the lanes, in a neat condition, the property owners shall form an Association and assess themselves a nominal amount per annum to defray the expenses. The amount of assessment and the disposition of the funds thus created, is to be controlled by the majority of property holders on a basis to be selected by them.

In case of failure of property owners to form an Association to maintain the upkeep of the lawns, shrubs and trees in the lanes and sidewalks, the Orleans Levee Board will cause said lanes and sidewalks in lanes to be serviced and maintained and will charge the cost to the property owners fronting the lanes proportionately according to their frontage on the lanes.

Central, Lake-Vista, Breeze, Ozone, Zephyr, Floral and Foliage Parks will be maintained by the Orleans Levee Board.

The areas known as City Park, on the East and West side of the Subdivision and south of Robert E. Lee Boulevard is to be maintained by the Board of Commissioners of the City Park.

Approved and accepted:

_____________________________________________

Purchaser

Dated:________________________________

Adopted April 16, 1946

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