These rules shall be in conformance with #5992 M.C.S., revised August, 1980 and shall be ratified by the City Council as required in Section 11.
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 Historic District Landmarks Commission shall consist of a Chairman and a Vice-Chairman.
1.The Chairman and Vice-Chairman shall be elected to serve one (1) year and may not serve more than two (2) consecutive terms in the same office. In the absence of the Chairman or a Vice-Chairman, any Member of the Commission designated or elected by those present at a meeting shall 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 offices on the first day of July following their election.
Meetings.
Regular meetings shall be held on the second Tuesday of each month, except when that date falls on a legal holiday, at 2:00 o'clock p.m. Unless otherwise announced by the Commission, all meetings shall be held at 830 Julia Street. Any change in time shall be approved by a 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 Chairman.
Special Meetings.
Special meetings may be called by the Chairman or Vice-Chairman. Upon notification of such a 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. Notice of such a Special Meeting shall be published in the official newspaper of the City of New Orleans.
Quorum.
A majority of the existing members shall constitute a quorum. The majority vote of the full Commission shall be required for passage of any matter before the Commission.
Attendance.
The Mayor and City Council shall be advised in writing by the Commission should any members miss three consecutive regularly scheduled meetings or more than 1/3 of the regularly scheduled in any one calendar year.
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, the Vice-Chairman.
Parliamentary Procedures.
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 two-thirds (2/3) majority of the members present.
Staff.
Within the limitations of its approved budget, the Historic District Landmarks Commission may employ a Director and other staff to serve the Commission in carrying out its duties and responsibilities, and to act in its name in accordance with these rules.
Application Process.
Before the commencement of any exterior work for the erection of a new construction or the alteration, demolition or reconstruction of any building located in an Historic District or on a Landmark or Landmark Site, whether or not a building permit is required by the Department of Safety and Permits, the applicant shall first apply to the Commission and receive 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, and shall be in the name of the record owner of the site and/or buildings located thereon, the lessee thereof, or a person holding a "bona fide" contract to purchase same.
2. Upon receipt of such application, the Commission staff shall analyze the work proposed to be done. Certificates of Appropriateness shall be issued or denied by the New Orleans Historic District Landmarks Commission after public hearing. However, with approval of the Director, the staff may issue a Certificate of Appropriateness in the name of the Commission in the following instances:
a. On blue, green, red and gold rated buildings, 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, railings, provided that:
i. The staff determines and indicates on the Certificate of Appropriateness that the modifications comply with the Standards adopted by the Commission, or
ii. The staff determines and indicates on the Certificate of Appropriateness that the modifications duplicate as closely as possible the original details of the building.
b. On unrated buildings, 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 blue, green, red and gold rated buildings, staff approval may be given to make minor modifications on work for which a Certificate of Appropriateness had previously been issued, provided that the staff determines and indicates as an addendum on an existing Certificate of Appropriateness that the modifications do not alter the overall character of the work which had been certified as appropriate.
d. The staff may approve work consistent with established policy guidelines adopted by the Commission.
e. The staff may approve demolition of unrated auxiliary structures or additions of not more than 1000 square feet. The staff shall not have the authority to issue a Certificate of Appropriateness if the application involves a material change. Every applicant has the right to have an application for a Certificate of Appropriateness considered by the Historic District Landmarks Commission at a public hearing before the Commission.
The Commission may appoint an Architectural Review Committee composed of Commission members and volunteer architects from the community to assist the staff, in previewing applications prior to public hearing for the purpose of making recommendations to the applicant and 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 complete 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.
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 the scheduling of that meeting. The complete application (plans and specifications) must be on file in the Commission office at least ten (10) days before the public hearing.
5. Provided applications for Certificate of Appropriateness 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 published in the official journal of the City of New Orleans, in a newspaper having daily circulation within the City of New Orleans, at least seven (7) days before the date of said hearing. The completed application must be available at the time of notice of the public hearing. Notices shall be mailed to:
a. All adjacent property owners and to such other persons and/or organizations as the Commission may from time to time determine by policy;
b. The applicant and/or applicant's representative;
c. The record owner of the property, if different from the applicant;
d. The Director of Safety and Permits, and the City Planning Commission.
6. Public Hearing Rules. The following rules governing procedure will 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. The staff shall summarize the application and shall describe its recommendations and those of the Architectural Review Committee. The applicant shall then be allowed to explain his application and answer any questions posed by the Commission members.
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. 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. A permanent record of the vote shall always be kept in the office of the Commission and is available to the public and any public body or agency.
8. In reviewing applications, the Commission shall consider all other criteria for the issuance of Certificates of Appropriateness as specified in Section VIII in Ordinance #5992 M.C.S.
9. The applicant shall be notified in writing of the Commission's decision.
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 himself, and that strict enforcement of the provisions of this ordinance would result in serious undue hardship, then the following process shall apply:
1. 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, Ordinance #5992 M.C.S. the variance is being requested.
2. A copy of a survey and/or any other additional supporting data and information which the owner cares to submit to the Commission; and
3. Upon receipt of written request and other necessary information, the request shall be placed before the Commission at the next regular public hearing, provided that the request is received at least fourteen (14) days prior to the date of the scheduled meeting.
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 #5992 M.C.S.