CBD Rules & Procedures

Ethical Procedures.
The Commission Members shall conduct themselves in accordance with Ordinance No. 2625 M.C.S. Code of Ethics for the City of New Orleans and any other state or local laws which are applicable.

Officers.
The Officers of the Central Business District Historic District Landmarks Commission shall consist of a Chairman and a Vice-Chairman.

1. The Chairman and Vice-Chairman shall serve a term of one (1) year and may, if duly elected by the Members, succeed themselves. In the absence of the Chairman and Vice-Chairman, any Member of the Commission designated or elected by those present at a meeting may preside.
2. Should the Chairman resign, the Vice-Chairman shall assume the office of Chairman until the next regularly scheduled election of officers. The Commission shall also elect a Vice-Chairman to serve until the next election.
3. The annual election of Chairman and Vice-Chairman shall be held at the Commission's regular meeting in June of each year. The newly elected Chairman and Vice-Chairman shall assume their office on the first day of July following their election.

Meetings.
Regular meetings shall be held on the first Tuesday of each month, at 4 o'clock p.m., except when that date falls on a legal holiday in which case an alternate time will be set by the Director after consulting with the Chairman. Unless otherwise announced by the Commission, all meetings shall be held in the Commission's office, 830 Julia Street. Any change in location shall be approved by the majority of the Members. The Commission will not permit discussion or address to its body by the public at its meeting unless recognized by the Commission.

Special Meetings.
Special meetings may be called by the Chairman and/or Vice-Chairman. Upon notification of such a Special meeting, the Director shall cause notice by ordinary mail to be dispatched to the address of record of the members not less than 48 hours prior to the date of the special meeting. Such notice shall specify the time and place of the meetings and the matters to be presented to the Commission.

Quorum.
A majority of the existing membership of a board shall constitute a quorum. All actions taken by boards shall require the affirmative vote of the majority of the existing members thereof, provide that regulations may be adopted only upon the affirmative vote of two-thirds of the existing members thereof.

Adjourned Meetings.
Should the business before the Commission not be completed, the Chairman may adjourn same from day to day until the matters on the original agenda are disposed of.

Conduct of the Meetings.
The Chairman shall preside at all meetings, or in his absence or disability, the Vice-Chairman.

Parliamentary Procedure.
In absence of any provision in these rules to the contrary, the rules of procedure provided by Robert's Rules of Order shall prevail.

Procedural Questions.
The Chairman shall rule on all procedural questions, subject to reversal by a majority of the members present.

Attendance.
At its January meeting, the Chairman, with information supplied by the Director, shall, on an annual basis, provide a written report to the Commission summarizing the attendance record of all regular meetings of each individual Commission member. The Commission shall, at the next regular meeting following receipt of such data, forward the record to the appointing authority with such attachments as the individual members may desire to clarify such report (i.e., extended personal illness). As the Commission recognizes the need to maximize the attendance at all regular meetings in order to carry out its functions and responsibilities, attendance below the level of 70% shall be considered a violation of these rules.

Staff.
Within the limitations of its approved budget, the Central Business District Historic District Landmarks Commission may employ suitable personnel to serve the Commission in carrying out its duties and responsibilities.

Application Process.
Before the commencement of any exterior work for new construction or the alteration, demolition or reconstruction, whether or not a building permit is required for such work, for any building located in a Central Business District Historic District or on a landmark or landmark site, the applicant shall apply to the Commission for a Certificate of Appropriateness. The application for a Certificate of Appropriateness is as follows:

1. Such application shall be on a form therefore provided by the Commission.

2. Upon receipt of such application, the Commission's staff shall analyze the work to be done. All applications for Certificate of Appropriateness shall be heard before the Commission except in the following instances, in which cases approval may be given by the staff:

(a) On buildings rated blue, green, and red, the staff may approve structural or architectural modifications, such as siding, window openings, sash; and the replacement of applied architectural details, such as brackets, cornices, railing, provided that:

(i) A staff architect and/or architectural historian determines that the modifications do not significantly change the appearance of the structure, or

(ii) The staff architectural historian determines that the modifications more closely duplicate the original details of the building by means of documenting the original appearance by using available research sources such as notarial auction drawings, original building contracts and extant buildings that are compatible in style, type and approximate construction date.

(b) On buildings rated gold and grey/unrated, the staff may approve modifications provided that they are compatible in building material, size, scale, texture, and detail with those on buildings in the surrounding neighborhood, and provided that these modifications are consistent with the stylistic detailing of the building.

(c) On buildings rated blue, green, and red, staff approval may be given to make minor modifications on plans which the Commission had previously approved, provided that the staff architectural historian determines and certifies in writing that the modifications do not alter the overall character of the project.

(d) Approval of applications when permitted by established policy guidelines adopted by the Commission.

(e) Demolition of unrated auxiliary structures or additions of not more than 1000 square feet.

(f) On all paving, when the application is for change in material of existing paved area or for new paving that does not visually alter the character of the property or streetscape. The staff shall not have the authority to issue a Certificate of Appropriateness in any instance where the application involves a material change. Every applicant has the right to have an application for a Certificate of Appropriateness considered by the CBD Historic District Landmarks Commission at a public hearing of the Commission.

3. If the application is for work which does not meet the exemption under the ordinance, the staff shall promptly, in person or by registered or certified mail, return receipt requested, advise the applicant that an appearance before the Commission will be required. The applicant shall furnish the staff with the information necessary to process the application, which information shall consist of:

(a) General plans and specifications insofar as they relate to exterior work to be performed;

(b) And any additional support data and information which the applicant cares to submit; and

(c) A statement whether or not the applicant desires a preliminary conference with the Commission staff prior to the hearing.

4. The applicant shall have a right to be heard at the next regular public meeting of the Commission, provided the application has been filed at least fourteen (14) days prior to the date of that meeting.

5. Provided applications for permits are pending, the Commission shall hold a public hearing each month at a time to be set by the Commission. Notice of the date, place and purpose of such public hearings shall be given publication thereof in the official journal for the City of New Orleans, and, in the discretion of the Commission, in a newspaper having daily circulation within the City of New Orleans, at least seven (7) days before the date of said hearing. The complete application (plans and specifications) must be on file at the Commission office at least seven (7) days before the public hearing.

Notices shall be mailed to:

(a) All persons owning adjoining property as reflected by the records of the City's Real Estate and Property Records Department, and mailed at least seven (7) days prior to the date of such public hearing;

(b) The applicant;

(c) The record owner of the property, if different from the applicant;

(d) The Director of the Department of Safety and Permits, and the City Planning Commission.

(e) Any interested person can receive all notices of public hearings for a one (1) year period for a fee of ten dollars ($10.00).

6. Public Hearing Rules. The Central Business District Historic District Landmarks Commission has established the following rules governing the procedure to be followed at Public Hearings:
(1st) Each speaker, before speaking on the proposal, shall give his name and address and state whom he is representing.

(2nd) Proponents for the proposal will speak first, and a period of ten (10) minutes will be allowed for all proponents.

(3rd) Opponents or other interested parties will speak second, and a period of fifteen (15) minutes will be allowed for all such parties.

(4th) Proponents will be allowed a period of five (5) minutes for all parties wishing to offer rebuttal. Opponents will not be allowed to rebut.

(5th) This procedure shall be followed except at such time when the presiding officer shall, with the approval of the Commission members present, extend such time limitation in exceptional and unusual cases.

(6th) Additional documents, maps or other data relating to the proposal must be filed in the Commission office and will be considered when filed WITHIN THREE (3) WORKING DAYS, exclusive of Saturdays, Sundays and holidays, following the date of this Public Hearing. The presiding officer, with approval of the Commission members present, may extend such time limitation in exceptional and unusual cases. SUCH DOCUMENTS OR MAPS MUST BE FILED IN DUPLICATE. Notification of intent to file additional documents or data must be given by the applicant to the Commission at the time of the public hearing. These documents shall become a permanent part of the record. All proper parliamentary procedure shall be followed, including relevance of argument, recognition of speaker, and absolute prohibition of applause. These hearings are recorded and minutes are provided to the members of the Commission for their consideration and are also transmitted to the Mayor, members of the City Council and other appropriate agencies with the Commission's report and action upon request. All such pertinent public records may be examined in the office of the Commission.

7. Following the public hearing, the Commission shall vote in public to approve, reject or defer action on the application, giving prompt notice of its action to the City Planning Commission, the Director of Safety and Permits and the applicant.

8. The applicant shall be notified in writing of the Commission's decision.

Guidelines for the Application for Hardship Variances
In the event that an applicant believes that by reason of topographical conditions, irregularly shaped lots, or because of unusual circumstances applicable solely to the applicant, strict enforcement of the provisions of this ordinance would result in serious undue hardship, the application process outlined in Section E shall apply except that the applicant shall submit a written request for a hardship variance and describe in detail the hardship claimed. This statement must specify under which provision of Section VII, Part I, Calendar Ordinance No. 6699 M.C.S. the variance is being requested.

Landmarks.
In all public hearings concerning landmarks, the procedure outlined in Public Hearing Rules, #6 above, shall apply; the method for establishing landmarks having been provided for in Sections IX and X in Ordinance No. 6699 M.C.S.

In reviewing applications, the Commission shall consider all criteria for the issuance of Certificate of Appropriateness as specified in Section VIII of Calendar Ordinance No. 6699 M.C.S.