§ 33-2.6. Notice.

(a)

Notice of public hearings for the Old Metairie Commission and the board of zoning adjustments shall be provided pursuant to the applicable sections of Chapter 40 zoning of this Code. Except as otherwise provided, the following notices shall be provided for PAB public hearings. Parish council hearing notice shall be provided by the Jefferson Parish Council Clerk in accordance with the Jefferson Parish Code of Ordinances:

(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)

Mailed 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 mailed to the applicant and all property owners within three hundred (300) feet, measured radially from the lot lines of the subject property, at least ten (10) business days before the public hearing. Mailed notice of a public hearing shall be sent at the applicant's cost and the applicant shall provide the planning director with a notarized list of names and addresses of the property owners to be notified, as listed in the official records of the parish assessor.

Figure 33-2.6-1: Mailed Notice Radius.

(3)

Posted notice. At least one (1) sign shall be posted on the subject property, visible from the nearest public street right of way, a minimum of ten (10) business days before the public hearing. The sign(s) shall remain posted on the property until after final action, and shall be removed within ten (10) business days thereof. The planning director shall determine sign content.

(4)

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.

(b)

Defective notice; validity . No amendment, supplement, or change to this UDC; or denial by the council of any application, petition or other matter requiring notice shall be declared invalid by reason of any defect in:

(1)

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.

(2)

The posting or display of the notification sign if proof of the installation by the appropriate parish agency is presented; routine work orders or other such documents of the department shall be prima facie evidence of the installation.

(3)

The mailing or receipt of the notice if sent within the established time period.

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.

(c)

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 meets the following criteria:

(1)

Zoning reclassification and/or future land use map amendment.

a.

If the original proposal is more restrictive than the present classification and the substitute, alternative or modified proposal is less restrictive than the original proposal but more restrictive than the present classification; or

b.

If the original proposal is less restrictive than the present classification and the substitute, alternative or modified proposal is more restrictive than the original proposal but less than the present classification.

(2)

Text amendment. If the substitute, alternative or modified proposal is within reasonable limits of the purpose or subject matter of the original proposal.

(Ord. No. 24989 , § II, 8-12-15)