4.8 Zoning Appeals

4.8.A Purpose   

Appeals to the Board of Zoning Adjustments may be filed by an aggrieved party or by any officer, department, commission, board, bureau, or any other agency of the City affected by any decision of the Director of the Department of Safety and Permits concerning those decisions described in Paragraph B below. Appeals shall be based in, and provide evidence of, an error in application of the law or a conflict in the law.

4.8.B Applicability   

1. Appeals are authorized by the Board of Zoning Adjustments in accordance with Article 2, Section 2.6, Louisiana Revised Statute 33:4780.46, and Section 5-408 of the City Charter.

2. Appeals may be filed concerning any decision of the Director of the Department of Safety and Permits in the enforcement of the zoning ordinance of the City on the following applications of this Ordinance:

1. The decision of the Director of the Department of Safety and Permits on zoning verifications.
2. The decision of the Director of the Department of Safety and Permits on Zoning Ordinance interpretations.
3. The decision of the Director of the Department of Safety and Permits on permits issued under the Comprehensive Zoning Ordinance.

3. These decisions need not be formal, and any written communication of such a decision, including but not limited to an email or LAMA approval or disapproval, shall be considered appealable.

4. For purposes of this Section, a decision made "in the enforcement of the zoning ordinance of the City" shall be those decisions that specifically apply the provisions of the zoning ordinance. Appeals made pursuant to this Section must therefore allege an error in the application of a provision of the zoning ordinance.

Adopted by Ord. No. 028064, §1, April 25, 2019, Zoning Docket 11/19; Ordinance No. 30567 MCS, 3-20-26, Zoning Docket 049-25

4.8.C Time Limit   

No appeal of the above decisions is allowed after the expiration of forty-five (45) days from the date the decision is rendered by the Director of the Department of Safety and Permits.

Adopted by Ord. No. 028064, §1, April 25, 2019, Zoning Docket 11/19

4.8.D Procedure   

1. Applications for appeal of the decision of the Director of the Department of Safety and Permits or Executive Director of the City Planning Commission shall be made in writing to the Board of Zoning Adjustments within forty-five (45) days of the decision.

2. All applications shall be filed with the Executive Director of the City Planning Commission in accordance with the requirements of Section 3.2 and reviewed for completeness by the Executive Director who shall determine whether the application is ripe for review by the Board, not moot, or otherwise unable to be heard in accordance with Section 4.8.B.

a. If the application is determined to be incomplete, unripe, moot, or otherwise unhearable, this determination will be conveyed to the applicant by the Board of Zoning Adjustments in writing.

b. Notwithstanding this determination, the Department of Safety and Permits or other interested parties may present arguments to the Board that an application is incomplete, unripe, moot, or otherwise unhearable and the Board may make a finding in accordance with this argument rather than rule on the merits of the appeal.

Adopted by Ord. No. 028064, §1, April 25, 2019, Zoning Docket 11/19; Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22; Ordinance No. 30567 MCS, 3-20-26, Zoning Docket 049-25

4.8.E Standard of Review   

The Board shall owe no deference to interpretations by the Director of the Department of Safety and Permits. In reviewing factual determinations by the Director, the Board must determine, based upon the totality of the record evidence, that the Director committed clear error and that the error was material to the Director's determination.

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

4.8.F Stay of Proceedings   

An appeal stays all administrative enforcement proceedings in furtherance of the action appealed from, unless the Director of the Department of Safety and Permits certifies to the Board of Zoning Adjustments, after the notice of appeal is filed, by reason of facts stated in the certificate, that a stay would, in the Director’s opinion, cause imminent peril of life or property. In such case, proceedings may not be stayed after application to the Board or to the Civil District Court and notice to the Director of the Department of Safety and Permits, for due cause shown thereon, unless a restraining order is issued.

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

4.8.G Appeals   

An aggrieved party may appeal the Board of Zoning Adjustments' decisions on zoning appeals to the Orleans Parish Civil District Court within thirty (30) days of the Board’s decision.

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