§ 40-794. Appeals to the board.

(a)

(1)

Appellants. Appeals to the board may be taken by any party aggrieved, or by any officer, department, board, commission, bureau or any other agency, affected by a decision of the director of inspection and code enforcement or concerning application or interpretation of the provisions of the Comprehensive Zoning Ordinance by the director. Applications for the herein permitted exceptions or variances may be filed by any aggrieved party.

(2)

Appellee. If the appeal is by an applicant who has been denied a permit or is seeking a variance, or is otherwise appealing a decision, interpretation or action of denial by the director, the named appellee shall be the director.

If the appeal is by an opponent challenging the granting of a permit or otherwise appealing a decision, interpretation or action of approval by the director, the party receiving the permit shall be named appellee and the director may be named as an additional appellee. Whether or not the director is named as an additional appellee, the director shall provide an explanation for the granting of the permit or approval granted.

(b)

Time. Such appeals or applications shall be made within thirty (30) days following the decision of the director by filing with the board of zoning adjustments the necessary appeal or application.

(c)

Form. All such appeals or applications made to the board shall be in writing, on forms prescribed by the board. Every appeal or application shall refer to the specific provision of the ordinance involved, and shall exactly set forth the interpretation that is claimed and the details of the permitted exception sought, and/or the details of the permitted variance applied for. Every appeal or application shall also specify the grounds on which it is claimed that relief should be granted.

(d)

Jurisdictional determination. The parish attorney, or his representative, may review any appeal or application and will advise whether any such appeal or application is within the jurisdiction of the board.

(e)

Hearing. Each application or appeal shall be assigned a case or docket number and, within sixty (60) days of the time of receipt of such application or appeal, the board shall conduct a hearing which shall be open to the public and at which all parties in interest and citizens shall have an opportunity to be heard.

(f)

Notice . Except as otherwise provided, 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 two (2) 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)

Administrative . Notice of the hearing and a copy of the application or appeal shall be served upon the director of inspection and code enforcement and any other appellee. Such notice shall be served at least ten (10) days prior to the hearing and shall be accompanied by any applicable requests for reports, recommendations or advisory opinions.

(3)

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 one hundred (100) feet measured radially from the lot lines of a subject property that contains a single- or two-family dwelling (see figure 40.794.1), or within three hundred (300) feet measured radially from the lot lines of a subject property that contains a use other than a single- or two-family dwelling (see figure 40.794.2); 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 board of zoning adjustments 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.

Table 40.794.1

Mailed Notice Radius: 100 ft

Table 40-749.2

Mailed Notice Radius: 300 ft

(4)

Posted notice . A sign shall be provided by the board and posted by the applicant at least ten (10) days prior to the hearing before the board. Whenever practical, the applicant shall post the sign within ten (10) feet of a public street right-of-way and positioned in a manner to best inform the traveling public without creating a safety hazard. The applicant shall not remove the sign until the board takes final action. Failure to post the notification sign within the required time line shall result in a one hundred dollar ($100.00) fine, which shall be credited to the parish general revenue fund. The sign shall be of sufficient size, double-faced and posted so that the face of the sign is at a right angle to the street in order that said sign can be read by the traveling public in both directions.

(5)

No other mandatory types of notice shall be required; however, the board of zoning adjustments, by rule, may provide for additional discretionary forms of notice.

(6)

Defective notice—Validity . No denial by the board of any application, petition or other matter before the board that requires notice, or judgment granting an appeal that requires 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 mailing or receipt of the notice if sent within the established time period.

c.

The posting or display of the notification sign if proof of the receipt of the sign by the applicant is presented.

Failure to strictly adhere to the discretionary forms of notification shall not form a basis for declaring invalid any board action on any matter.

(Ord. No. 20783, § 3(XXII(4)), 9-22-99; Ord. No. 21242, § 1, 3-21-01; Ord. No. 21734, § 23, 12-11-02; Ord. No. 22670, § 16, 1-11-06; Ord. No. 24576, § VIII, 9-18-13)