New Orleans Comprehensive Zoning Ordinance

Printed: 3/28/2024 5:32:42 PM

3.3 Notice

3.3.A Published Notice   

For all applications that require a public hearing, a notice shall be published once a week for three (3) consecutive weeks in the official journal of the City of New Orleans, as defined in the City Code, with the first publication of notice at least twenty (20) days before the date of hearing. Each notice shall set forth the date, time, place, and purpose of the public hearing, the name of the applicant, and identification of the subject property. 

3.3.B Mailed Notice   

1.  Mailed notice is required for all public hearings required by this ordinance, excluding those for zoning text amendments and for zoning amendments initiated by the City Council covering multiple squares.

2.  Mailed notice for public hearings held by the City Planning Commission shall be sent by regular mail at least fifteen (15) days before the public hearing to the following individuals and entities. Mailed notice for public hearings held by the Board of Zoning Adjustments shall be sent by regular mail at least fifteen (15) days before the public hearing to the following individuals and entities.

a.  The owner of record of the property, as indicated in the records of the Orleans Parish Assessor’s Office, and all persons expressly authorized in writing by the owner to file the application.

b. The owners of record of all properties, as indicated in the records of the Orleans Parish Assessor’s Office, located within three hundred (300) feet of the property lines of the subject property. However, for public hearings involving a site of twenty-five thousand (25,000) square feet or more in area or a development of twenty-five thousand (25,000) square feet or more in floor area, such notice shall be expanded to all properties within six-hundred (600) feet of the property lines of the subject property.

c. The occupants of all properties indicated in items i and ii above, wherever the mailing address of the property owner as indicated in the records of the Orleans Parish Assessor is different from the address of the property.

d.  Any neighborhood association with boundaries within which any portion of the subject property is located. For the purposes of this section, the boundaries of a neighborhood association shall be as provided on its registration form in the office of the City Planning Commission.

3.  The notice shall set forth the name of the applicant, the date, time, place, and purpose of the hearing, and identification of the subject property.

Adopted by Ord. No. 29,126, §3, Aug. 12, 2022, Zoning Docket 16/22

3.3.C Posted Notice   

Posted notice for public hearings is required as follows in Table 3-2: Posted Notice for Pubic Hearing. Section 3.3.C.1 below describes required notice when required to be posted by the applicant and Section 3.3.C.2 below describes required notice when required to be posted by the Department of Safety and Permits.

Table 3-2: Posted Notice for Public Hearing

ZONING APPLICATION

POSTED BY APPLICANT (SECTION 3.3.C.1)

POSTED BY DEPARTMENT OF SAFETY & PERMITS (SECTION 3.3.C.2)

Zoning Map Amendment – Initiated by Applicant

X

 

Zoning Map Amendment – Initiated by City

 

X

Conditional Use

X

 

Planned Development

X

 

Variance

X

 

Property-Specific Zoning Appeal

 

X

 

3.3.C.1 Posted Notice by Applicant   

a.   A notification sign shall be installed by the applicant at least fifteen (15) consecutive days prior to the public hearing.

b.   Such notification sign shall meet the following requirements:

i.    The sign shall be an official notification sign provided by the City.

ii.   The sign shall be posted at a prominent location on the subject property near the sidewalk or public right-of-way, and shall be visible to passing pedestrians and motorists. If it is not feasible to post a notification sign on a subject property for whatever reason, a notification sign shall be posted within the public right-of-way adjacent to the property at a location approved by the Department of Safety and Permits. For properties with more than one (1) street frontage, the applicant is required to post one (1) sign visible from each street frontage.

iii.   The applicant shall photograph the required sign(s) after it has been posted on the subject property.  A copy of the photograph shall be submitted to City Planning Commission staff.

c.   The sign shall indicate that the site is the subject of a zoning application and shall provide contact information for the office of the City Planning Commission to obtain further information.

 

Adopted by Ord. No. 27,222, §1, Dec. 20, 2016, Zoning Docket 99/16

3.3.C.2 Posted Notice by the Department of Safety and Permits   

a.   Notification signs posted by the Department of Safety and Permits shall meet the following requirements:

i.    The notification signs shall be no less than eleven (11) inches by seventeen (17) inches in size and shall be posted at the two (2) corner intersections of the block face on which the subject property is located, or by any other means, method, or placement deemed appropriate by the Executive Director of the City Planning Commission or the Director of the Department of Safety and Permits to effect the intended public notice.

ii.   The sign shall indicate the type of application, the address of the subject property, and the day, date, time, and place of the public hearing.

3.3.D Validity of Defective Notice   

1.  No action on any application submitted in accordance with this Ordinance shall be declared invalid by reason of any defect in any of the following:

a.  The publication of the notice of the purpose or subject matter and the time and place of the hearing if the published notice gives reasonable notification of its purpose, subject matter, substance, or intent.

b.   The posting or display of a notification sign if evidence of installation of the sign is presented.

c.   The mailing of notice to the individuals and entities within the vicinity of the site as indicated above.

d.   The mailing of notice of the Neighborhood Participation Program.

2. Any defect in or failure to adhere to any discretionary forms of notification shall not form a basis for declaring invalid any ordinance or City Council action on any zoning matter.

3. No denial by the City Council of any application, petition, or other zoning matter requiring notice shall be declared invalid by reason of any defect in any form of public notice, if the applicant has received notice of the time, date, and place of the hearing.

4. No Neighorhood Participation Program notice shall be declared invalid for failure to properly notice a required individual or entity if the individual or entity waives the notice requirement.

Adopted by Ord. No. 29,126, §3, Aug. 12, 2022, Zoning Docket 16/22