New Orleans Comprehensive Zoning Ordinance

Printed: 9/25/2023 7:11:19 PM

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:

Table 3-1: Filing of Applications

APPLICATION

OFFICIAL OR HIS/HER DESIGNEE

Zoning Text & Map Amendments

Executive Director of the City Planning Commission

Conditional Use

Executive Director of the City Planning Commission

Planned Development

Executive Director of the City Planning Commission

Site Plan & Design Review

Executive Director of the City Planning Commission

Variances

Executive Director of the City Planning Commission

Minor Map Adjustments of Future Land Use Map

Executive Director of the City Planning Commission

Minor Map Adjustments of Official Zoning Map

Director of the Department of Safety & Permits

Interpretation of Future Land Use Map

Executive Director of the City Planning Commission

Zoning Appeals

Executive Director of the City Planning Commission

Interpretation of Zoning Map

Executive Director of the City Planning Commission

Interpretation of Zoning Text

Director of the Department of Safety & Permits

Zoning Verification

Director of the Department of Safety & Permits

Sign Permit

Director of the Department of Safety & Permits

Reasonable Accommodations Executive Director of the City Planning Commission

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, or variance 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