New Orleans Comprehensive Zoning Ordinance
Printed: 9/21/2023 5:11:43 PM
4.3.D.1 Submittal of Application
a. An application for a conditional use shall be filed with the Executive Director of the City Planning Commission, in accordance with the requirements in Section 3.2, accompanied by a development plan as required by Section 4.5, and reviewed for completeness by the Executive Director.
b. Conditional Use applications initiated by the City Council require a completed application, but may be exempt from fees. If it is the intent of the City Council to waive the fees, the waiver and fee amount shall be stated in the motion initiating the request. Applications may also be exempt from Neighborhood Pariticipation Program requirements for good cause. If it is the intent of the City Council to waive the NPP requirement, that should be stated in the motion initiating the request.
c. If a zoning amendment is required or requested, that application shall accompany the application for a conditional use for reference. A zoning amendment application shall be processed according to the procedures of Section 4.2.
d. If the proposed use requires subdivision, an application for a subdivision shall be filed prior to the issuance of a building permit. The subdivision must be completed prior to the issuance of a certificate of occupancy for the structure or use.
e. For conditional uses subject to additional requirements from state or federal agencies, such as the Federal Aviation Administration or the Louisiana Department of Environmental Quality, all required submittals from such agencies shall be submitted with the application. Where the state or federal agency cannot verify that all requirements are met prior to approval of the conditional use, the applicant shall obtain a letter from the agency stating that the agency will verify that all requirements are met after the conditional use approval is granted.
Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22
4.3.D.2 Pre-Application Meeting and Project Neighborhood Participation Program
All applications for conditional uses shall include a Project Neighborhood Participation Program (Project NPP). Conditional Use applications initiated by the City Council are subject to the Project NPP, although the property owner or owner's agent may conduct the NPP meeting in accordance with the requirements of this section. Until all required NPP documents are submitted to CPC staff, including the meeting notice letter, sign-in sheets, and NPP meeting summary, the request will not be deemed complete for the purpose of a completeness review as provided in Section 3.2.B. The City Council may also require the party of interest to undergo the NPP process prior to the motion being acted on by the City Council. During a time of declared emergency by the Governor or Mayor, when in-person meetings are not an available option, the City Planning Commission Director shall be authorized to require teleconferencing, virtual, or other remote meeting formats to satisfy NPP requirements.
a. Applicants shall first meet with the staff of the City Planning Commission to become familiar with the procedure and approval standards for conditional uses and to obtain guidance on the requirements of the Project NPP.
b. The Project NPP shall include the following information:
i. A brief description of the proposal, including the type of land use request, known needed variances and citations for each, estimated start and end dates, and a development plan for the project. The description shall include the proposed floor area square feet, number of units, and number of floors.
ii. An outlined area map and a contact list for notifying the individuals and entities identified in Section 3.3.
iii. A general description of how parties on the contact list will receive information on the project, including a statement as to which public notification techniques will be used for the project.
iv. A general description of how parties on the contact list will be informed of any changes or amendments to the proposed project after the applicant’s initial contact.
v. A statement as to how those impacted by the proposal will be provided an opportunity to discuss the request if issues or questions should continue or suddenly arise.
c. The applicant shall provide the typed Project NPP and notice, including email notification to applicable registered neighborhood associations, of an opportunity for interested parties to attend a meeting to discuss the proposed application not less than fourteen (14) nor more than thirty (30) days after the date on which the applicant provides notification to the parties on the contact list. In addition, the applicant shall notify the City Planning Commission of the meeting date, time, and location not less than fourteen (14) days prior to the meeting. The applicant shall hold the meeting at the noticed time. The applicant shall distribute informational handouts to meeting attendees. The handouts shall include information about the applicable zoning district, registering with City notification system(s), accessing application documents and NPP meeting summary reports.
For the purposes of this section, meetings may be held in a physical location that is in accordance with the City Planning Commission's Administrative Rules, Policies, and Procedures. The notice provided in accordance with this section shall include a brief description of the request and shall indicate the existing zoning classification of the subject property and the zoning classfication the applicant intends to request and the citation for the conditional use.
d. The applicant shall submit a Project NPP report with the application. The report shall provide the following information:
i. The names of the individuals and entities that were notified and the total number of number of people that participated in the process.
ii. A list of the concerns, issues, and problems expressed by the participants.
iii. 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.
iv. Copies of letters, affidavits, meeting invitations, newsletters, publications, and petitions received in support of or in opposition to the proposed project, and any other materials pertaining to the notification process.
v. 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 Project NPP report, except where subsequent meetings with interested parties have occurred within the one hundred eighty (180) days preceding the submittal of the Project NPP report.
vi. A completed sign-in sheet that includes the names, addresses, and contact information for meeting attendees.
Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16; Ord. 28782 MCS, 9-23-21, ZD 46/21
4.3.D.3 Action by the City Planning Commission
a. The City Planning Commission shall conduct a public hearing on a proposed conditional use in accordance with Section 3.4 fifty (50) days from the date the application is docketed. Notice of the public hearing is required in accordance with Section 3.3.
b. After the close of the public hearing, the City Planning Commission shall make a recommendation. Based upon the evidence presented at the public hearing, the City Planning Commission shall evaluate the application against the applicable standards in Paragraph F below.
c. The City Planning Commission shall recommend approval, modified approval, or denial sixty (60) days from the opening of the public hearing. The City Planning Commission may also vote to defer action within City Charter required timeframes in cases where it discovers applicants have not submitted complete and accurate information, including but not limited to errors or omissions in following the Project NPP. The failure to resolve a finding of incomplete or inaccurate information may be grounds for recommending denial. If the City Planning Commission fails to act by a vote of the majority of the Commission members, the application will be forwarded to the City Council without recommendation of no legal majority. The City Planning Commission’s written recommendations, together with the staff report and recommendation, if any, shall be filed with the Clerk of the City Council.
Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16
4.3.D.4 Action by the City Council
a. The City Council shall hold a public hearing in accordance with its rules 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.
b. 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.
c. If the City Council takes action by motion of approval or modified approval, the City Council may forward the motion to the City Law Department for preparation of an ordinance. If the ordinance is then introduced by the City Council, the ordinance shall lay over for a minimum of twenty (20) days following introduction before the City Council may adopt it. The City Council's adoption of a motion shall not be construed as an approval of a zoning matter unless and until an ordinance is introduced and adopted in accordance with the Charter; introduction of an ordinance does not indicate the City Council's approval of a zoning matter. Failure by the City Council to take action on a zoning ordinance within ninety (90) days of the date the City Council took action by motion shall mean the application is denied.