Article 3 Administrative Procedures

3.1 Purpose   

The purpose of this Article is to outline the general application, notice, and public hearing procedures for the applications and approvals found within this Ordinance. 

3.2 Application   

3.2.A Filing of Applications   

1.   All applications shall be filed with the appropriate official as described in Table 3-1: Filing of Applications:

2.   All applications shall be on forms provided by the City and in the format and number of copies as required by the instructions. The application shall include any and all information, plans, and data specified within Article 4.

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

3.2.B Completeness Review   

1.  The official in Table 3-1 charged with receiving applications shall review the application to ensure that all required submittals are included in the application and determine whether the application is complete. The appropriate official shall notify the applicant that the application is complete or incomplete within ten (10) days from the date of submittal.

2.  If the application is deemed incomplete, the official will not process the application until the deficiencies are remedied. Once an application is deemed complete, the application will be placed on the first available docket or forwarded to the appropriate official as appropriate. An application that is not made complete by the applicant within one hundred eighty (180) days of the date of submittal will be void and discarded.  An application initiated by Council motion that is not made complete within one hundred eighty (180) days of the date of the motion will be void and discarded.

3.  An application is deemed complete if the official fails to reject it and notify the applicant of the deficiencies within ten (10) days and it shall be docketed. However, it may not be complete for the purposes of review and a determination of completeness does not constitute approval of the application. The appropriate board, commission, or official may also require the applicant to supplement the application with additional information.

4.  A new determination of completeness is required if the applicant materially changes the application from the prior submittal.

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

3.2.C Required Fees   

Every application shall be accompanied by the required filing fee. Failure to pay fees when due is grounds for refusing to process the application. However, applications initiated by the City may be exempt from fees. If it is the City Council’s intent to waive the fee, the waiver and the fee amount shall be stated in the motion initiating the request.

3.2.D Withdrawal of Application   

An applicant may withdraw an application as provided below. There will be no refund of fees. Requests for withdrawal shall be in writing by the applicant or legally authorized agent. Applications initiated by the City Council are also subject to these withdrawal provisions.

1.  Applications for a zoning text or map amendment, conditional use, and planned development may be withdrawn prior to recommendation by the City Planning Commission without prejudice or limit. If withdrawn after the recommendation by the City Planning Commission, but before a decision by the City Council, the application may not be resubmitted for two (2) years from the date the applicant submits the withdrawal notice.

2.  Applications for variances may be withdrawn prior to a decision by the Board of Zoning Adjustments without prejudice and may thereafter be resubmitted without limit.

3.  Applications for a zoning appeal may be withdrawn prior to a decision by the Board of Zoning Adjustments without prejudice. However, if an application that was withdrawn is resubmitted, the new submittal shall still be filed within forty-five (45)  days of the date the decision being appealed was rendered.
 

3.2.E Resubmittal of Denied Applications   

1.  An application for a zoning text or map amendment, conditional use, planned development, variance, or zoning appeal that has been denied will not be reviewed or heard within two (2) years of the date of denial unless substantial new evidence is available or a significant mistake of law or of fact affected the prior denial. The official charged with receiving applications in Table 3-1 shall decide whether the subsequent application is appropriate for resubmittal before expiration of the two (2) year wait requirement.

2.  An application resubmitted earlier than two (2) years from the date of denial shall include a detailed statement of the grounds justifying its consideration.

3.  Unless substantial new evidence is available or a significant mistake of law or fact affected the prior denial, the official shall return the application to the applicant and it shall not be docketed.

4.  The limitations of this section do not apply when the City initiates the application.

Adopted by Ord. No. 29,126, §3, Aug. 12, 2022, Zoning Docket 16/22; Ordinance No. 30567 MCS, 3-20-26, Zoning Docket 049-25

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.

 

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

3.4 Public Hearing   

3.4.A Conduct of the Public Hearing   

When a public hearing is required, the place, date, and time for the hearing will be established, and notice of such hearing is required in accordance with Section 3.3. The public hearing will be conducted in accordance with the rules and regulations of the body conducting the hearing.

3.4.B Continuances   

The Chair, with approval of the body conducting the hearing, may continue the public hearing. No new mailed notice is required to reopen the hearing if a hearing is continued to a date specified, provided that a public announcement of the future date, time, and place of the continued hearing is made at the first hearing and placed in the minutes. Publication of the agenda shall satisfy the notice requirements. 

3.5 Neighborhood Participation Program   

Adopted by Ordinance No. 30567 MCS, 3-20-26, Zoning Docket 049-25

3.5.A Purpose   

Pursuant to Sec. 5-411 of the City Charter, the Neighborhood Participation Plan (NPP) is intended to provide timely initial notification to a neighborhood of any proposed land use action affecting the neighborhood and provide the opportunity for meaningful neighborhood review of and comment on such proposals.

Adopted by Ordinance No. 30567 MCS, 3-20-26, Zoning Docket 049-25

3.5.B Applicability   

NPPs are required for the following types of applications:

1. Zoning Text and Map Amendments
2. Conditional Uses
3. Planned Developments
4. Variances (except variances for single- and two-family dwelling units)
5. Major Subdivisions

NPPs are also required for changes to the Master Plan. These Master Plan NPPs shall be facilitated by the City Planning Commission staff and are not subject to the procedural rules of this Section.

Adopted by Ordinance No. 30567 MCS, 3-20-26, Zoning Docket 049-25

3.5.C NPP Procedure   

1. Applicants begin the NPP process by applying with the CPC staff, who will provide a list of required parties to be noticed as well as a Neighborhood Participation Program Guide.
2. Applicants must provide CPC staff with a copy of the NPP meeting notice. CPC staff will ensure that the NPP meeting notice is sent through the City’s electronic verification system to interested parties. The failure of CPC to publish notice through the City’s electronic verification system or the unavailability of the electronic verification system shall not be grounds for deeming a NPP to be insufficient.
3. Applicants must send the required notice to all parties listed by CPC staff. Proof of actual delivery is not required. For notice sent through the U.S. mail, an attestation of mailing alongside a copy of the notice is sufficient. For notice sent through e-mail, a copy of the email including addresses the email was sent to with the notice embedded in the body or attached as a pdf is sufficient.
4. Applicants must hold the required NPP meeting at the date, time, and location included in the notice, and must keep the necessary records for submission of the NPP Report. If the NPP meeting is rescheduled, notice of the rescheduling must be sent by the same means as the original notice and CPC staff must be notified by email.
5. Applicants must submit the NPP Report as part of their application for the types of applications set forth in 3.5.B. This application will not be considered complete until a satisfactory NPP Report has been received by CPC staff.
6. Applicants must provide CPC staff with notice of the date, time, and location of NPP meetings. CPC staff shall maintain a publicly available list of all NPP meetings.

Adopted by Ordinance No. 30567 MCS, 3-20-26, Zoning Docket 049-25

3.5.D Parties to Receive Notice   

1. Applications affecting up to one city square or its equivalent must provide notice to all properties within a 300’ radius for properties up to 25,000 square feet in area and a 600’ for properties that are 25,000+ square feet of the relevant property, as well as to any neighborhood associations registered with the city representing the area encompassing the city square. CPC staff will, upon request, provide a list of these properties as well as relevant neighborhood associations and their designated contact information. Notice to neighboring properties must be sent by U.S. Mail or hand-delivered, while notice to neighborhood associations registered with the city may be sent by e-mail. Notice to other interested parties may be sent through the City’s electronic notification system.
2. Applications affecting more than one city square or its equivalent must provide notice to all neighborhood associations registered with the city by e-mail. Other interested parties may receive notice through the City’s electronic notification system.

Adopted by Ordinance No. 30567 MCS, 3-20-26, Zoning Docket 049-25

3.5.E Contents of Required Notice   

Notice of the NPP must include the following information, at a minimum:

1. The date, time, and location of a meeting to be held to receive review and comment on the proposal. NPPs affecting more than one city square or its equivalent may hold their meeting virtually, through a commercially accepted virtual meeting service, such as Zoom, Teams, or WebEx. Virtual meetings must have the option for participants to call in without requiring video services. The meeting must be held within 14-30 days of mailing or emailing of the required notice.
2. A brief description of the proposal:
   1. Map amendment applications shall include the type of land use request, the name of the existing and proposed zoning district, and the article of the Comprehensive Zoning Ordinance for the proposed zoning district. Map amendment applications shall also include an outlined area map.
   2. Text amendment applications shall include the citation and existing language of the Comprehensive Zoning Ordinance, if applicable, the proposed changes or additions to the language of the Comprehensive Zoning Ordinance and which zoning district(s) the amendment would affect, or a statement that the changes would be effective citywide.
   3. Conditional use applications shall include a brief description of the proposal, including the type of land use request, and known needed variances.
   4. Planned development applications shall include a brief description of the proposal, including known needed variances.
   5. Variance applications shall include a brief description of the proposal, including known needed variances.
   6. Major subdivision applications shall include a description of how the lots are being subdivided (ex:  Resubdivision of Lot(s) x into Lot(s) y).
   7. All parties should recognize that the proposal may change as part of the usual review process and that failure to notice every possible permutation of the proposal shall not render the NPP insufficient.
3. Contact information for the applicants, including at a minimum a telephone number and email address, so that parties who may not attend the NPP meeting due to time constraints can participate in the process.

Adopted by Ordinance No. 30567 MCS, 3-20-26, Zoning Docket 049-25

3.5.F NPP Meeting   

1. NPP meetings must be held in accessible public locations at reasonable times and should be sufficiently large to accommodate all attendees with seating. These meetings should be held in locations which are not susceptible to weather or climate concerns, generally temperate, and should generally allow for robust participation by neighbors of varying abilities and schedules.
2. Virtual NPP meetings may require pre-registration to facilitate a “webinar” style presentation with the ability to mute participants, provided that there is a dedicated period of time for participants to provide comment with the technical ability for them to do so.
3. Meetings may end at a specified time, even if all participants have not yet had a chance to speak, provided that there is at least 30 minutes provided for public comment and that the set end time is included in the notice for the NPP.
4. The Executive Director of the City Planning Commission shall promulgate rules setting forth what materials should be provided as part of the NPP Meeting and what information should be presented.

Adopted by Ordinance No. 30567 MCS, 3-20-26, Zoning Docket 049-25

3.5.G NPP Report   

The applicant shall submit a NPP Report with the application. The report shall provide the following information:

1. The names of the individuals and entities that were notified. 
2. A summary of the information that was presented.
3. A list of the concerns, issues, and problems expressed by the participants.
4. A statement as to how each concern, issue, and problem is addressed and how the applicant intends to continue to address them. If the concern, issue, or problem is not being addressed, the applicant should state the reasons.
5. Copies of emails, letters, communications affidavits, meeting invitations, newsletters, publications, and petitions requesting additional information related to the project, received in support of or in opposition to the proposed project, and any other materials pertaining to the notification process.
6. The date, time, and location of all meetings held with interested parties, or a statement indicating the reasons if no meeting was held. No information pertaining to any meeting held more than one hundred eighty (180) days prior to the submittal of the application shall be accepted as part of the NPP Report, except where subsequent meetings with interested parties have occurred within the one hundred eighty (180) days preceding the submittal of the NPP Report.
7. A completed sign-in sheet that includes the names, addresses, and contact information for meeting attendees. A list of participants prepared by the virtual meeting service is acceptable for virtual meetings.
8. The NPP Report must include a signed attestation that the information contained therein is true and correct to the best of the applicant’s knowledge. A signed attestation on the application form to this effect accompanying the NPP Report shall be deemed to satisfy this requirement provided that the language of the attestation includes the contents of the NPP Report.

Adopted by Ordinance No. 30567 MCS, 3-20-26, Zoning Docket 049-25

3.5.H Evaluation of NPP   

1. The Executive Director of the CPC will ensure that the written NPP Report meets all the minimum requirements regarding meeting date, time, and location set forth herein when evaluating the completeness of the application.
2. The City Planning Commission or Board of Zoning Adjustments, as applicable, may evaluate the sufficiency of the NPP as part of its public hearing process on the application for which the NPP was conducted. In so doing, they may consider whether the applicant endeavored to provide meaningful notice to neighbors and whether any deficiencies in such notice notably affected the provision of this notice. If the Commission or Board determines that, in its judgment, the NPP process did not provide meaningful notice, it may defer the matter to require the applicant to engage in additional notice efforts.

Adopted by Ordinance No. 30567 MCS, 3-20-26, Zoning Docket 049-25

3.6 Electronic Notification System   

 

Adopted by Ordinance No. 30567 MCS, 3-20-26, Zoning Docket 049-25