§ 40-171. Review procedures.

(a)

General .

(1)

Requests for permits for demolition, construction or new development, addition, or alteration within the Old Metairie Neighborhood Conservation District, shall be submitted to the Old Metairie Commission, the planning department or the department of inspection and code enforcement, as applicable. Requests submitted for planning department review or Old Metairie Commission review shall follow the review procedures herein. For development activities under the purview of the Old Metairie Commission, the Commission shall hold a public hearing to determine whether the proposal meets the intent of the Old Metairie Neighborhood Conservation District.

(2)

Application to schedule a public hearing for development activity affected by the Old Metairie Neighborhood Conservation District shall be accepted by the Jefferson Parish Planning Department on behalf of the Old Metairie Commission.

(3)

Following the public hearing, the Old Metairie Commission shall make a recommendation regarding the development proposal to the Jefferson Parish Council.

(4)

All site plans and building elevations shall be prepared and certified by an architect licensed in the state of Louisiana.

(b)

Preapplication conference . Prior to submitting an application, it is recommended that the applicant(s) or a designated representative meet with Planning Department staff to review the proposal in a preapplication conference.

(c)

Application for review of development activities . An application for review of development activities within the Old Metairie Neighborhood Conservation District shall be submitted to the Jefferson Parish Planning Department and shall include one (1) copy of the application form and twenty (20) copies of the following unless otherwise specified:

(1)

Interest and ownership . The applicant's name, address and interest in the application and the name, address and interest of any firm or corporation represented by the applicant in the application; the concurrence of the owners of the entire land included in the proposal; sufficient evidence, in the form of an ownership affidavit, to establish that the applicants are all owners of the designated property.

(2)

Legal description . The lot, square, parcel and subdivision name, bounding streets and rights-of-way servitude of the petitioned property.

(3)

Scope of work . A written description of the proposal located within the Old Metairie Neighborhood Conservation District, including whether work includes demolition, construction or new development, alteration, addition, change in square footage, removal of trees and/or changes of use.

(4)

Survey. A current survey of the petitioned property showing lot lines, all improvements, servitude and abutting rights-of-way, north arrow and scale, and the flood zone.

(5)

Photographs. Current color photographs documenting: 1) the present condition of the petitioned property, including existing materials and scale of the structures; 2) the relationship of proposed structures, additions, or alterations to neighboring structures located within a linear distance of two hundred fifty (250) feet from both sides of the petitioned property as measured along the street frontage from the nearest side property line.

The applicant need only submit one (1) set of photographs, properly labeled with the address and perspective, to the Old Metairie Commission.

(6)

Affidavit of property owners . An affidavit listing the names and addresses of property owners within three hundred (300) feet measured radially from the lot lines of the subject property.

(7)

Demolition of existing structures . If the proposal includes demolition of any principal structure within the Old Metairie Neighborhood Conservation District, the reasons for demolition shall be stated. A site plan drawn to scale indicating the structures proposed for demolition and denoting the square footage of those structures with all dimensions clearly shown shall be required.

(8)

Construction or new development . If the proposal includes construction or new development within the Old Metairie Neighborhood Conservation District, the application shall include the following:

a.

A twenty-four-inch by thirty-six-inch site plan drawn to scale showing the location of all proposed structures, driveways and sidewalks, square footage of all structures, square footage of all accessory structure footprints, square footage of the rear yard, a calculation showing the percentage of rear yard covered by the cumulative square footage of all accessory structure footprints, front, rear, and side yard setbacks, and all setbacks from significant trees and public rights-of-way with all dimensions clearly shown on the site plan.

b.

Twenty-four-inch by thirty-six-inch elevation drawings of proposed structures drawn to scale indicating the architectural style, materials, height including base flood elevation, elevation of top of the floor of the lowest livable area, elevation of the top of the foundation, flood elevation measurement and height allowance utilized by applicant if applicable, elevation of the centerline of the street, elevation of existing grade, slope of and elevation of proposed driveway(s), elevation of proposed lot grade, and the façade massing angle with all dimensions clearly shown on each required elevation.

c.

Twenty-four-inch by thirty-six-inch floor plans with the use of each room clearly labeled and all dimensions clearly shown on each required floor plan. Floor plans submitted to the Old Metairie Commission shall contribute solely to the better understanding of projects within the district and are not subject to a recommendation by the Commission.

d.

A drainage plan, with all dimensions, signed and affixed with a seal of a state licensed civil engineer, engineer, architect, or landscape architect.

(9)

Elevation of, additions to, or alterations of existing structures. If the proposal includes elevation over three (3) feet, additions to, or alterations of existing structures within the Old Metairie Neighborhood Conservation District, the application shall include the following:

a.

A general statement of the purpose of the additions or alterations shall be required.

b.

A twenty-four-inch by thirty-six-inch site plan drawn to scale showing the addition or alteration in relation to the existing buildings on the site, driveways, sidewalks and all setbacks from rights-of-way, square footage of all structures, the square footage of all accessory structure footprints, square footage of the rear yard, a calculation showing the percentage of rear yard covered by the cumulative square footage of all accessory structure footprints, setbacks from any significant trees, and front, rear, and side yard setbacks with all dimensions clearly shown on the site plan.

c.

Twenty-four-inch by thirty-six-inch elevation drawings of proposed structures drawn to scale indicating the architectural style, materials, height including base flood elevation, elevation of the top of the floor of the lowest livable area, elevation of the top of the foundation, flood elevation measurement and height allowance utilized by applicant if applicable, elevation of the centerline of the street, elevation of existing grade, slope of and elevation of proposed driveway(s), elevation of proposed lot grade, and the façade massing angle with all dimensions clearly shown on each required elevation.

d.

Twenty-four-inch by thirty-six-inch floor plans with the use of each room clearly labeled and all dimensions clearly shown on each required floor plan. Floor plans submitted to the Old Metairie Commission shall contribute solely to the better understanding of projects within the district and are not subject to a recommendation by the Commission.

e.

A drainage plan, with all dimensions, signed and affixed with a seal of a state licensed civil engineer, engineer, architect, or landscape architect.

(10)

Graphic materials . One (1) copy of an eleven-inch by seventeen-inch graphic reduction of all scaled plans and drawings submitted with the application shall be required.

(11)

Tree protection and landscape plan . All submittals required by the tree preservation requirements of this district, including but not limited to a twenty-four-inch by thirty-six-inch landscape plan dimensioned and drawn to scale showing the front yard landscaping, tree planting, and, if applicable, terraced or elevated planting beds including location, elevation, and soil stabilization.

(12)

Affidavit of campaign contributions . A notarized affidavit in accordance with Chapter 2 of this Code regarding campaign contributor disclosure for land use action for development activity under the purview of the Old Metairie Commission.

(13)

Any other information as required by the Parish of Jefferson, depending on the nature and extent of the development proposal.

(d)

Minimum submittal requirements to begin reviewing an application . The following information must be submitted before the planning director may find that an application is complete to begin reviewing: [12-7-11]

(1)

Application Summary Sheet.

(2)

Ownership Affidavit.

(3)

Campaign Contribution Disclosure Affidavit, when applicable.

(4)

Survey.

(5)

Site Plan, floor plan, building elevations, and tree preservation plan.

(6)

Fees.

(e)

Fees for Old Metairie Commission public hearing . The fee required of the applicant to cover the administrative costs of Old Metairie Commission review of development activity within the Old Metairie Neighborhood Conservation District with the required public hearing shall be one hundred dollars ($100.00) per application, plus the costs of the notice of public hearing for advertisement in the official legal journal for the parish and the surrounding property owners. Checks shall be forwarded to the planning department and made payable to the Jefferson Parish Pooled Fund.

(f)

Review of development activities within the Old Metairie Neighborhood Conservation District . The planning department shall coordinate site plan review of the development proposal within the Old Metairie Neighborhood Conservation for development under the purview of the Old Metairie Commission or the planning director. The Land Use Review Technical Committee (LURTC) shall provide the planning department with all written technical information relative to the proposal prior to the public hearing. For development activities under the purview of the Old Metairie Commission, the planning department shall recommend to the Old Metairie Commission as to whether the proposal meets the Old Metairie Neighborhood Conservation District regulations and forward all findings from the administrative departments.

(g)

Hearing . Each complete application shall be assigned a case or docket number. If the development activity is under the purview of the Old Metairie Commission, after evaluation of the development proposal in compliance with the review procedures of this section, the planning department shall advertise the application for the next available Old Metairie Commission hearing. The commission shall conduct a hearing which shall be open to the public and at which all interested parties and citizens shall have an opportunity to be heard.

(h)

Notice . Except as otherwise provided, once a complete application is submitted, reviewed, and determined to be ready for advertisement, the following notices 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 once 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 five (5) business days shall lapse between the 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 (figure 40.171.1) at least five (5) 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 40.171.1 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 action by the Old Metairie Commission, 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 Old Metairie Commission or planning director, by rule, may provide for additional discretionary forms of notice.

(5)

Defective notice; validity . No action of the Old Metairie Commission or denial by the council of any application, petition or other matter requiring notice shall be declared invalid by reason of any defect in:

a.

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.

b.

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.

c.

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.

(6)

Substitute, alternative or modified proposal . Notice of the original proposal on the docket of the Old Metairie Commission 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, or Old Metairie Commission, 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.

(i)

Procedure; meetings .

(1)

Rules of procedure . The Commission shall adopt rules of procedure not in conflict with any state law or parish ordinance.

(2)

Representation . Any party may appear in person or by agent or by attorney.

(3)

Meetings . Meetings of the board shall be held on call of the Chairman of the board or on call of a majority of the members of the board. All meetings of the board shall be open to the public.

(4)

Minutes/records . The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official action all of which shall be filed immediately in the office of the planning department and shall be public record.

(5)

Cancellation and rescheduling of meetings .

a.

A meeting of the Commission shall be canceled if a quorum consisting of three (3) voting members, excluding the planning director, is not present or if a representative of the planning department is not present.

b.

During times of great public crises, disaster, rioting, catastrophe, severe weather conditions or similar public emergency, the chairman of the Commission may cancel a meeting of the Commission at which a public hearing is scheduled.

c.

The public hearing for all cases on the docket of Commission so canceled shall be held at the next scheduled public hearing meeting of the Commission.

d.

Notice of the original hearing shall constitute notice of the rescheduled hearing. The chairman may also disseminate notice of the cancellation and rescheduling through any available public information service during the emergency situation.

(j)

Site plan revisions required after Old Metairie Commission hearing . If as a result of a public hearing the Old Metairie Commission requires revisions to a plan or elevation, the applicant shall submit the revised plan or elevation, including the revision date, to the planning department with a letter in the form of a notarized affidavit listing all revisions shown on the revised plan or elevation and verifying that no other revisions are shown on the plan or elevation. The architect, landscape architect, landscape contractor, or arborist as applicable shall sign the affidavit and include the number of his or her license to practice in the state of Louisiana. The planning department shall review the revisions for completeness, and upon finding of completeness shall forward the revised plan or elevation for the Commission chairman's signature.

(k)

Recommendation to the Jefferson Parish Council . Within forty-five (45) days of the public hearing and upon consideration of the proposed development activity within the Old Metairie Neighborhood Conservation District in relation to the district regulations and standards, the Old Metairie Commission shall render a recommendation. Recommendation for approval or denial of the application shall be forwarded to the Jefferson Parish Council for action.

(l)

Consideration of development proposals within the Old Metairie Neighborhood Conservation District by the Jefferson Parish Council . Within ten (10) days from the date of the Old Metairie Commission recommendation rendered on a development proposal within the Old Metairie Neighborhood Conservation District, the planning department shall forward the Old Metairie Commission recommendation to the Jefferson Parish Council. The council may consider the Old Metairie Commission recommendation at the next council meeting, but in any event not more than forty-five (45) days thereafter. Final action by the council shall be in the form of councilmanic resolution through the consent agenda.

(m)

Compliance with approved site plans and elevations . Construction shall conform to the approved site plans and elevations. Adjustments, alterations, or amendments to an approved plan or elevation drawing shall follow the same procedure as the initial approval. If the property owner or applicant deviates from the approved plan or elevations without the approve of the planning director, inspection and code enforcement director, Old Metairie Commission, or council, as applicable, the parish may take any action as may be deemed appropriate in accordance with the remedies and penalties of section 33-1.14, Enforcement, in Article 1, Administration, of Chapter 33, UDC, of this Code, including, but not limited to, the withholding or denying of the certificate of occupancy or completeness for structures not built in accordance with the approved plans or elevations, or for development activities without permit or inconsistent with any permit or any term, condition, or qualification place upon any permit.

(Ord. No. 20783, § 3(VII-E(5)), 9-22-99, Ord. No. 22322, § 1, 9-29-04, Ord. No. 22323, § 3, 9-29-04; Ord. No. 23201, § 2, 12-12-07; Ord. No. 23250, § 1, 2-13-08; Ord. No. 24003, § III, 5-11-11; Ord. No. 24169, § III, 12-7-11; Ord. No. 24640, § IV, 1-15-14; Ord. No. 24576, § V, 9-18-13; Ord. No. 24989 , § XII, 8-12-15)