§ 25-430. Amendment

The Jefferson Parish Council may, from time to time, amend, supplement or change the plan in accordance with the provisions of this section.

(a)

Map amendment. Amendment to the future land use map shall be made in accordance with the provisions outlined within Chapter 40, Article XLVIII of this Code.

(b)

Text amendment. Amendment to the text of the plan shall be made in accordance with the following provisions:

(1)

Initiation. Text amendment, supplement or change may be initiated by:

a.

Action of council itself by introduction of an ordinance or by adoption of a resolution or motion, or

b.

Proposal of the parish president or the planning advisory board, or

c.

Application of property owners submitted to the council through the planning department.

(2)

Application procedures.

a.

Form. An application or petition for a text amendment to the plan shall be filed in a form approved by the planning department, and shall contain such information as the planning advisory board, planning department, Old Metairie Commission, or any other appropriate department may from time to time require.

b.

Fee. Before any action shall be taken as provided in this section, the private party or parties proposing or recommending a change in the plan shall deposit with the council, through the planning department, a nonrefundable fee in the sum of five hundred dollars ($500.00) for each proposed amendment.

(3)

Public hearing and notice.

a.

Hearing. A public hearing for each proposed change, amendment, petition, application, or text study shall be conducted by and before the planning advisory board at which time all parties in interest and citizens shall have an opportunity to be heard. Prior to this public hearing, proposed text amendments involving major implementing ordinances, or incorporating new elements or subarea plans shall include review by the planning advisory board and, as appropriate, the Old Metairie Commission and the citizens advisory committee, as outlined in this article. Each proposed change, amendment, petition or application, or text study shall be allotted a case or docket number and be scheduled for public hearing. During the public hearing with the planning advisory board, the director of the planning department, or other department director, or designated staff person shall be called upon for presentation of a technical recommendation and analysis of the proposed change, as well as presentation of the recommendation of the citizens advisory committee, if applicable. The planning advisory board may in their rules of procedure include provisions for the order of presentation during public hearings. Additionally, the planning department or other department shall be required to provide the technical assistance and support as deemed necessary by the planning advisory board.

b.

Notice . Except as otherwise provided, the following notice shall be provided:

1.

Published notice . Notice setting forth the date, time, place and purpose of the public hearing, a general description of the proposal, and location of the subject property shall be published at least three (3) consecutive times in the Official Journal of Jefferson Parish. Notice shall be published not more than twenty (20) business days before the public hearing and at least ten (10) business days shall lapse between the first publication and the public hearing.

2.

No other mandatory types of notice shall be required; however, the planning advisory board or planning director, by rule, may provide for additional discretionary forms of notice.

c.

Defective notice; validity. No amendment, supplement or change to the plan shall be declared invalid by reason of any defect in 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 notice of its purpose, subject matter, substance or intent. Any defect in or failure to strictly adhere to the discretionary forms of notification shall not form a basis for declaring invalid any ordinance or council action on any matter described in this section. No denial by the council, of any application, petition or other application 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.

d.

Substitute, alternative or modified proposal. Notice of the original proposal on the docket of the planning advisory board in accordance with this section shall also constitute notice of any substitute, alternative or modified amendment, supplement or change that may be adopted by the council, or recommended by the planning director, other department director, Old Metairie Commission, or the planning advisory board, following the public hearing, if the said substitute, alternative or modified proposal is within reasonable limits of the purpose or subject matter of the original proposal.

(4)

Adoption of amendment, supplement or change. After review by the planning advisory board, the planning director, or designee, shall submit to the council his recommendations and those of the board as to the proposed change for each case on the docket of the planning advisory board. The council shall not take official action until the recommendations of the planning director and the planning advisory board are received, provided, however, that if such recommendation has not been filed within forty-five (45) days after the date of the public hearing, the council may then take official action upon the change or amendment.

a.

No amendment, supplement or change to the plan shall become effective unless and until:

1.

There has been a public hearing as provided above, and

2.

A final yea and nay vote shall have been taken on the proposal by the council within one hundred fifty (150) days dated from the date of the public hearing, however, in the event that the one hundred fifty (150) day deadline falls on a holiday or a meeting that has been cancelled by the council, the one hundred fifty (150) day deadline will be extended automatically to the next regular council meeting.

(5)

Moratorium pending amendment. Upon filing with the planning director an application for a change or amendment to the plan, or after a proposed amendment, supplement, change or text study has been initiated by resolution of the Jefferson Parish Council and pending final disposition of said amendment, supplement, change or text study, whether by ordinance, hearing or otherwise, a one-year moratorium may be called at the discretion of the parish council on the issuance of certificates of use and occupancy or building permits for a building, structure or occupancy which would be prohibited by passage of the proposed amendment, supplement, change or text study. The expiration of a moratorium shall not result in the expiration of a study. The planning director shall notify the council ninety (90) days prior to the expiration of a moratorium. At any time during the ninety (90) day period prior to the expiration of a moratorium, the council may extend the moratorium by resolution for no more than one (1) additional period not to exceed six (6) months. Upon the expiration of the moratorium no identical moratorium shall be imposed for a two (2) year period from the date of the expiration of the expired moratorium.

(6)

Review of council decisions. Any person or persons or any officer, department, commission, board, district, or any other agency jointly or severally aggrieved by the decision of the Jefferson Parish Council regarding the amendment may file Writs of Certiorari or other appropriate legal proceedings to review said decision to the Twenty-Fourth Judicial District Court in and for the Parish of Jefferson, within a maximum time period of thirty (30) days after the decision of the council. The actions of the council in denying a request for amendment, supplement, or change to the plan shall be subject to review on the grounds of abuse of discretion, unreasonable exercise of police powers, an excessive use of powers granted to the council, or the denial of the right of due process. The right of judicial review of ordinances enacted by the council shall not be limited to the foregoing grounds.

(Ord. No. 22140, § 8, 3-17-04; Ord. No. 24576, § I, 9-18-13)