Zoning Variance Appeal

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    • #3015
      cellgrel
      Participant

      An adjacent commercial operation filed an appeal to our parish Zoning Board of Adjustment for a variance in zoning requirements. This appeal was denied. The owner has now filed suit against the parish. Without my going into the gory details, can you give me some insight as to how such an appeal might be won? What might the grounds be? How does one fight “City Hall”?

    • #3016
      Lex
      Keymaster

      Variances from zoning requirements are generally firmly within the sound discretion of whatever parish or city authority is in charge of zoning. However, one frequent appeal route is that variances were granted for others in a similar fact situation or that variances “in fact” have been tolerated over a period of time without any objections.

      But it would generally just be guesswork as to what grounds were used here.

    • #3019
      Gibson39501
      Participant

      We have had to fight a lot of zoning issues in New Orleans…our neighborhood abuts the Canal st commercial corridor. the best way is to get a petition started and have it signed by as many affected neighbors as possible even 1 2 blks away. On the petition cite the zoning ord, the problems it is causing. We then contacted the Council District elected official….that is sometimes difficult to get into but … anyway. Make sure you send emails and everything to everyone on the council, zoning board, permitting office etc. More is better. Take pictures of the overgrown grass and other problems. READ your zoning ordinance concerning noise and light and every issue you have….cite those in your correspondence. Be to the point and brief. they dont like to read long stuff. you can number the zoning codes and then list your grievences.. GOOD LUCK keep us up dated. The citizens in NOLA are being over burdened with all the stuff the city is doing… There is a requirement HERE that the variance applicant MUST notify ALL affected property owners of their intentions and have a meeting with them.. ck and see if you have that in the zoning or permitting ordiances…

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