New Orleans Comprehensive Zoning Ordinance

Printed: 3/25/2017 4:41:26 PM

15.5.D Procedure

The procedure for establishing and developing within an EC or MC District and the subsequent Institutional Master Plan (IMP) is as follows. 

15.5.D.1 Timeframe   

An Institutional Master Plan shall be submitted within  three-hundred sixty-five (365) days of the effective date of this ordinance.

15.5.D.2 Institutional Master Plan for Permitted Development   

a.  If the proposed Institutional Master Plan complies with the base district regulations and all uses are those permitted within the district (i.e., no conditional use approval required), the Institutional Master Plan shall be reviewed and approved by the City Planning Commission. The City Planning Commission shall hold a public hearing on Institutional Master Plan within fifty (50) days from the date the application is deemed complete. The City Planning Commission shall approve, approve with modifications, or deny the Institutional Master Plan within sixty (60) days from the opening of the public hearing.

b.  The applicant may file a written appeal of the decision of the City Planning Commission to the City Council within forty-five (45) days after the date of the final decision.

c.  Upon the filing of an application for an appeal of the decision of the City Planning Commission, the City Council 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. 

15.5.D.3 Institutional Master Plan for Conditional Development   

If the proposed Institutional Master Plan requires modification to the base district standards and/or uses within the Institutional Master Plan require conditional use approval, then the Institutional Master Plan requires review and recommendation by the City Planning Commission, and final approval by the City Council.

a. The City Planning Commission shall hold a public hearing on the Institutional Master Plan within fifty (50) days from the date the application is deemed complete. The City Planning Commission shall recommend approval, modified approval, or denial sixty (60) days from the opening of the public hearing.

b.  The City Council shall hold a public hearing, in accordance with Section 3.4 (Public Hearing), and take action by motion of approval, modified approval, or denial sixty (60) days from receipt of a City Planning Commission recommendation. The City Council may not take official action upon any application requiring a recommendation of the City Planning Commission until the report of the Commission has been received or, if the City Planning Commission has failed to act by a vote of the majority of the Commission members, once the application has been forwarded to the City Council without recommendation.

c.  If the City Council fails to take action by motion sixty (60) days from receipt of the City Planning Commission recommendation, the application is denied. If the application is forwarded to the City Council without recommendation from the City Planning Commission and the City Council fails to take action by motion sixty (60) days from the date it received the application, the application is denied.

d.  If the City Council takes action by motion of approval or modified approval, the City Council shall forward the motion to the City Law Department for preparation of an ordinance. Once the ordinance is introduced by the City Council, the ordinance shall layover a minimum of twenty-one (21) days before the Council may adopt. The City Council shall adopt the final ordinance ratifying their decision within ninety (90) days of the date that it took action by motion.

e.  An aggrieved party may appeal a City Council decision on a Institutional Master Plan to Orleans Parish Civil District Court within thirty (30) days of the date of the decision by the City Council.

15.5.D.4 Post-Approval   

Once an IMP is approved, any use approved therein becomes permitted by right, regardless of the original classification in the underlying district.