3.4 Appeals

3.4.1 Eligibility for appeal   

The decision of the City Planning Commission to approve, approve with conditions, or deny Subdivision Plan, or any action which fails to obtain a legal majority, may be appealed to the City Council within 30 days following such decision.  The Commission’s decision is effective on the 31st day after rendering unless appealed within the interim 30 days.

The City Planning Commission’s decision regarding a Subdivision Plan may be appealed by an aggrieved party or by any officer, department, commission, board, bureau, or any other agency of the City. Appeals shall be based in, and provide evidence of, an error in application of the law or a conflict in the law.

Once the Commission determines that a subdivision application is eligible for administrative approval by ratifying the subdivision, the Executive Director’s granting of administrative approval is a ministerial action that may not be appealed. 

3.4.2 Procedure   

Appeals shall be made by filing a Notice of Appeal with the City Planning Commission staff. The Notice of Appeal shall state specifically how the City Planning Commission failed to properly evaluate the proposed subdivision plan, and make a decision consistent with these Regulations.  The appeals shall be accompanied by a fee as specified in Section 118-43 of the Code of the City of New Orleans, which shall be paid to the City Planning Commission.

Within ten days of the notice of appeal, the City Planning Commission shall transmit all staff reports, application materials, and a list of parties to be notified of the appeal to the Clerk of Council.

The City Council shall hold a public hearing on any such appeal.  The Clerk of Council shall mail notices to all owners of real property within the affected area at least 14 days prior to the hearing.  The affected area is that area specified in Section 3.2.7 of these Regulations.   The City Council shall render a decision by motion affirming or reversing the Planning Commission’s action no later than forty-five (45) days after receipt of the transmittal from the City Planning Commission. If the City Council fails to approve or disapprove the appeal within the assigned 45 days, the action of the City Planning Commission shall be considered reinstated.  If the City Council reverses the Planning Commission, the applicant may proceed to submit a tentative or final plan, as is appropriate, under the conditions for approval agreed to by the City Council.  The Clerk of Council shall notify the City Planning Commission of the Council’s action on the appeal.