New Orleans Comprehensive Zoning Ordinance

Printed: 9/23/2023 10:48:39 PM

27.9 Miscellaneous

A. Any accommodation granted to an individual with a disability shall be considered personal to that individual, and shall not run with the land.  Accordingly, the Executive Director (or the Board of Zoning Adjustments on appeal) may condition the approval of any such accommodation on (a) removal of any improvements constructed pursuant to the accommodation, where the removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists; (b) time limits and/or expiration of the accommodation, when the need for which the accommodation was granted no longer exists; or (c) recordation of a covenant, building restriction or deed restriction putting prospective buyers of the subject property on notice regarding the personal nature of the accommodation and any conditions relating thereto.

B. No request for reasonable accommodation that has been denied in whole or in part may be resubmitted within one (1) year of the date of the denial, except upon a showing of materially changed conditions.

C. Any request to modify an approved accommodation shall be treated as a new application unless, in the opinion of the Executive Director, the requested modification results in only a minor change, is within the authority of the Executive Director to approve, and is consistent with the original approval.