§ 40-170. Old Metairie Commission (OMC).

The Old Metairie Commission is hereby created to make recommendations to carry forth the purposes of the Old Metairie Neighborhood Conservation District.

(1)

Commission structure .

a.

Members and appointment. The Old Metairie Commission shall consist of five (5) voting members and one (1) nonvoting member:

1.

Three (3) voting members shall be residents of the Old Metairie Neighborhood Conservation District, be appointed by the District 5 Councilperson and ratified by the Jefferson Parish Council;

2.

One (1) member shall be an architect or planner with experience in the Greater New Orleans Area, be appointed by the parish president and ratified by the Jefferson Parish Council;

3.

The president of the Metairie Club Gardens Association or a designee shall be a voting ex officio member; and

4.

The planning director or a designee shall be a nonvoting ex officio member.

b.

Length of terms.

1.

Each appointed member shall be appointed for a term that shall run concurrent with the term of the appointing party.

2.

Any member may serve an unlimited number of consecutive terms.

c.

Vacancies.

1.

Should a member of the Old Metairie Commission resign, be removed, or otherwise no longer qualify for membership, a successor shall be appointed in accordance with section 40-170(1)a. to fill the time remaining in the term. Any appointed member of the commission may be removed for malfeasance in office, in the same manner by which they were appointed.

2.

Notwithstanding anything to the contrary, an appointed member may continue to serve until a successor has been duly appointed.

d.

Compensation. All members of the Old Metairie Commission shall serve without compensation.

e.

Ethical standards.

1.

No person who has pending action before any agency of the Parish of Jefferson, such as an application for demolition, addition, alteration, or construction of any new building within the Old Metairie Neighborhood Conservation District shall be eligible for appointment to the Old Metairie Commission.

2.

No member shall participate in a transaction before the Old Metairie Commission in which he has a personal economic interest nor participate or be interested in any transaction before the commission when a violation of the State of Louisiana Code of Ethics would result or when a violation of the ethical standards of the Jefferson Parish Code of Ordinances would occur.

3.

No member of this commission shall be prohibited from being availed of all rights and privileges set forth in the Jefferson Parish Code of Ordinances with regard to repair and maintenance of said member's residence, not in conflict with this section.

f.

Commission officers. Officers shall be elected from the voting members of the Old Metairie Commission and shall have the following responsibilities:

1.

Chairman. The chairman shall:

i.

Call for meetings of the Old Metairie Commission;

ii.

Preside over all commission meetings;

iii.

Cause to be kept an accurate record of all commission meetings and membership information; and

iv.

Ensure that all meeting records and supporting documentation are kept on file.

2.

Vice-chairman. The vice-chairman shall act in the absence of the chairman and/or secretary.

3.

Secretary. The Secretary shall:

i.

Notify applicants of the commission meetings;

ii.

Be responsible to the chairman for the proper recording of the minutes and that all files are maintained; and

iii.

Forward to the parish council a copy of the minutes of each commission meeting and commission recommendations.

g.

Legal advisor. The Old Metairie Commission shall receive the legal advice and guidance from the parish attorney's office.

(2)

Duties and responsibilities . The Old Metairie Commission shall be charged with the following duties and responsibilities:

a.

Development activities under the purview of the Old Metairie Commission .

1.

The Old Metairie Commission shall conduct public hearings regarding development within the Old Metairie Neighborhood Conservation District, including requests for demolition, construction or new development, alteration, and addition within the Old Metairie Neighborhood Conservation District. For the purposes of this District, only developmental activities which require permits to be issued by the Parish of Jefferson or involve any adjustments to lot grade such as filling or cutting soil and which are not listed in paragraph b. Development activities not under the purview of the Old Metairie Commission, shall be under the advisory jurisdiction of the Old Metairie Commission. For a demolition, construction, addition, or alteration proposal deemed appropriate to the Old Metairie Neighborhood Conservation District, the Old Metairie Commission shall make a recommendation regarding the proposal to the Jefferson Parish Council. Nothing in this section shall be construed to prevent: ordinary maintenance or repairs, construction, reconstruction, alteration or demolition of any feature which is required by public safety due to an unsafe or dangerous condition.

2.

Development activities not under the purview of the Old Metairie Commission . Any development activity meeting the criteria established in this section shall not be subject to Old Metairie Neighborhood Commission review and may be submitted to the planning director or the director of inspection and code enforcement, as applicable, for administrative review and approval subject to the requirements of this section.

i.

The planning director may approve the following activities:

a.

An addition to the principal structure that does not exceed ten (10) percent of the gross floor area of the principal structure or any addition to an accessory structure; however, only one (1) addition to the principal structure may be administratively approved every five (5) consecutive years. Additional changes in the five (5) year period shall require Old Metairie Commission review.

b.

An alteration to the principal structure that does not exceed twenty-five (25) percent demolition of the principal structure or twenty-five (25) percent alteration of the area of the roof or an individual façade of the principal structure or any alteration to an accessory structure; however, only one (1) alteration to the principal structure may be approved administratively every five (5) consecutive years. Additional changes in the five (5) year period shall require Old Metairie Commission review.

c.

The planning director may authorize minor changes to approved plans through the site plan review and approval process if the minor changes do not alter the overall characteristics of the plan or create adverse impacts on adjacent uses or public services and facilities. Minor changes include the following amendments:

A.

Changes in location and type of landscaping and screening as long as there is no decrease in the effectiveness of screening, buffering and landscaping and all tree preservation requirements are met; or

B.

Changes in the orientation of portions of driveways or parking areas as long as the effectiveness of the overall site circulation and parking is maintained, no net increases in impervious surface occurs, the number of parking spaces shall not be reduced below the number of required parking spaces, and all tree preservation requirements are met; or

C.

Changes in the location of sidewalks and pathways, provided there is no reduction in pedestrian mobility; or

D.

Changes in the location of an approved swimming pool provided all tree preservation requirements are met; or

E.

Changes in the location of a principal structure or an accessory structure by no more than ten (10) percent of the width or depth of the lot as long as all required setbacks are met.

d.

If the planning director determines that the proposed development activity may not support the purposes of the Old Metairie Neighborhood Conservation District, then the application shall be reviewed by the Old Metairie Commission.

ii.

The director of inspection and code enforcement may approve the following activities:

a.

Interior renovation, ordinary repairs, or standard maintenance.

b.

Fences meeting all requirements of the Old Metairie Neighborhood Conservation District and of this Code, except for fences located in the front yard or in a public right-of-way.

c.

Demolition of accessory structures and fences.

b.

The Old Metairie Commission may recommend institution of suit to prevent any unlawful action in violation of the provisions of the Old Metairie Neighborhood Conservation District.

c.

The Old Metairie Commission shall review subdivision and zoning petitions which affect the Old Metairie Neighborhood Conservation District and make recommendations to the Planning Advisory Board and the Jefferson Parish Council regarding the appropriateness of the request with respect to the Old Metairie Neighborhood Conservation District regulations.

d.

The Old Metairie Commission shall review petitions for zoning variances which affect the Old Metairie Neighborhood Conservation District and make recommendations to the board of zoning adjustments regarding the appropriateness of the request with respect to the Old Metairie Neighborhood Conservation District regulations, in accordance with the following procedures:

1.

Immediately following the meeting at which the Old Metairie Commission makes its recommendation, the planning director shall submit to the board of zoning adjustments the planning department's report of the findings and recommendations, including the recommendation of the Old Metairie Commission, and the site plans and building elevations related to the application.

2.

Upon receipt of an application for a variance, the BZA shall schedule a hearing in accordance with section 40-795, and the notice of hearing shall specify only the variance(s) reflected in the proposed development and shown on the plans and elevations that the Old Metairie Commission reviewed and upon which it made a recommendation.

3.

In its action, the BZA may grant a modified variance without additional review and recommendation of the Old Metairie Commission only if the variance is the same type of variance and is more restrictive than the variance proposed in the notice; if the BZA grants such variance then the applicant must submit revised site plans and building elevations that are dimensioned and drawn to scale to the planning department.

4.

The BZA shall not grant a substitute, alternative, or modified variance that is less restrictive or a different type of variance without review and recommendation of such variance by the Old Metairie Commission.

5.

Notwithstanding the deadlines of section 40-171, the planning director shall not forward the recommendation of the Old Metairie Commission to the council until the BZA has taken final action on an application for a variance and the planning department has received revised drawings, if applicable.

e.

The Old Metairie Commission shall be authorized to accept gifts, donations and grants for the purposes of advancing the interests and intent of the Old Metairie Neighborhood Conservation District, provided such gifts donations or grants do not constitute a violation of any local, state or federal law or regulation. The Jefferson Parish Department of Finance shall assist the Old Metairie Commission by establishing and maintaining appropriate accounts and other financial mechanisms to properly administer such gifts, donations and grants on behalf of the Old Metairie Neighborhood Conservation District.

f.

The Old Metairie Commission may recognize significant structures or landmarks as historic and advise the owners of such properties of the physical and financial benefits of an historic designation.

g.

The Old Metairie Commission, with the consent of the property owner, shall recommend for certification by the Jefferson Parish Council, those properties qualifying as historic under the Tax Reform Act of 1976 and other pertinent federal regulations.

h.

The Old Metairie Commission may review major capital improvements for public infrastructure within the district to ensure that design guidelines provided in section 40-172 of this article are met and the integrity of the Old Metairie Neighborhood Conservation District is maintained.

i.

The Old Metairie Commission shall rely on the appropriate parish departments and agencies in carrying out the aforementioned duties and responsibilities.

(3)

Access for disabilities . The development requirements of this district are not intended to limit access for people with disabilities. Applicants developing property subject to the requirements of this district who need to provide access for people with disabilities may file for a variance to the development requirements of this zoning district through the variance process specified in this section. The variance shall be reviewed for consistency with standards comparable to the Americans with Disabilities Act (ADA) guidelines.

(Ord. No. 23201, § 2, 12-12-07; Ord. No. 24169, § II, 12-7-11; Ord. No. 24640, § III, 1-15-14; Ord. No. 25365 , § 1, 5-24-17)