4.8 Zoning Appeals

4.8.A Purpose   

Appeals to the Board of Zoning Adjustments may be filed by an aggrieved party or by any officer, department, commission, board, bureau, or any other agency of the City affected by any decision of the Director of the Department of Safety and Permits concerning those decisions described in Paragraph B below. Appeals shall be based in, and provide evidence of, an error in application of the law or a conflict in the law.

4.8.B Applicability   

Appeals may be filed concerning any decision of the Director of the Department of Safety and Permits on the following applications of this Ordinance:

1.  The decision of the Director of the Department of Safety and Permits on zoning verifications.

2.  The decision of the Director of the Department of Safety and Permits on Zoning Ordinance interpretations.

3.  The decision of the Director of the Department of Safety and Permits on permits issued under the Comprehensive Zoning Ordinance.

Adopted by Ord. No. 028064, §1, April 25, 2019, Zoning Docket 11/19

4.8.C Time Limit   

No appeal of the above decisions is allowed after the expiration of forty-five (45) days from the date the decision is rendered by the Director of the Department of Safety and Permits.

Adopted by Ord. No. 028064, §1, April 25, 2019, Zoning Docket 11/19

4.8.D Procedure   

Upon the filing of an application for an appeal of a Director of the Department of Safety and Permits or Executive Director of the City Planning Commission decision, the Board of Zoning Adjustments shall conduct a public hearing in accordance with Sections 3.4 and make a final decision within forty-five (45) days from the date the public hearing is closed. The Director of the Department of Safety and Permits or the Executive Director of the City Planning Commission shall produce all papers, correspondence, and records requested by the Board of Zoning Adjustments for any hearing or meeting held by the Board. The Board shall owe no deference to interpretations by the Director of the Department of Safety and Permits. In reviewing factual determinations by the Director, the Board must determine, based upon the totality of the record evidence, that the Director committed clear error and that the error was material to the Director's determination.

Adopted by Ord. No. 028064, §1, April 25, 2019, Zoning Docket 11/19; Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.8.E Stay of Proceedings   

An appeal stays all administrative proceedings in furtherance of the action appealed from, unless the Director of the Department of Safety and Permits certifies to the Board of Zoning Adjustments, after the notice of appeal is filed, by reason of facts stated in the certificate, that a stay would, in the Director’s opinion, cause imminent peril of life or property. In such case, proceedings may not be stayed after application to the Board or to the Civil District Court and notice to the Director of the Department of Safety and Permits, for due cause shown thereon, unless a restraining order is issued.

4.8.F Appeals   

An aggrieved party may appeal the Board of Zoning Adjustments' decisions on zoning appeals to the Orleans Parish Civil District Court within thirty (30) days of the Board’s decision.