§ 40-878. Public hearing and notice.

(a)

Hearing. A public hearing for each proposed change, amendment, petition or application, zoning or land use 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. Each proposed change, amendment, petition or application, zoning or land use study, including joint zoning and land use changes or amendments, shall be allotted a case or docket number and scheduled for public hearing. During the public hearing, the director of the planning department or designated staff person shall be called upon for presentation of a technical recommendation and analysis of the proposed change, as also provided in section 40-879(a) of Article XLVIII, Changes and Amendments. The planning advisory board may in their rules of procedure include provisions for the order of presentation during public hearings. Additionally, the planning 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 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 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 shall be provided for:

a.

A change in the classification of property, by property owners, pursuant to section 40-876(b)(3) of this section, where the property fronts on a street.

b.

Special permitted uses, pursuant to article XL, Special Permitted Uses.

c.

Additions to a nonconforming use, pursuant to article XXXVII, Nonconforming Uses

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 40.878.1) 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 those to be notified, as listed in the official records of the parish assessor.

Figure 40.878.1 Mailed Notice Radius

(3)

Posted notice shall be provided for:

a.

A change in the classification of property, by property owners, pursuant to section 40-876(b)(3) of this section, where the property fronts on a street.

b.

Special permitted uses, pursuant to article XL, special permitted uses.

c.

Additions to a nonconforming use, pursuant to article XXXVII, nonconforming uses.

d.

A study of an area initiated by action of the council, planning advisory board, or planning director.

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. If the zoning or land use area study is of a large size that it is not feasible or practical for the posting of such signs or should the posting not be done in strict accordance with this chapter, the published notice in the official journal shall be sufficient legal notice.

(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.

(c)

Defective notice; validity . No amendment, supplement or change to the Comprehensive Zoning Ordinance or Future Land Use Map; or denial by the council of any application, petition or other zoning 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 zoning matter.

(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 recommended or adopted by the planning director, planning advisory board or the council 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 restrictive than the present classification; or

c.

If a zoning map change has been initiated and the change is to or from a base zoning district listed between and including (9) RR-3 through (22) OW-1 of section 40-32(a), then the MUCD may be approved as a substitute, alternative or modified proposal; or

d.

If a zoning map change has been initiated and the change is to a MUCD then any district listed between and including (9) RR-3 through (21) C-2 may be approved as a substitute, alternative or modified proposal.

e.

When a zoning map change has been initiated and the change is to or from a mixed-use base zoning district of section 40-32(b), no substitute, alternative or modified proposal shall apply.

(2)

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

(Ord. No. 20783, § 3(XXVIII(3)), 9-22-99; Ord. No. 22142, § 10, 3-17-04; Ord. No. 23881, § 12, 9-22-10; Ord. No. 24576, § IX, 9-18-13)