§ 78-140. Neighborhood rebuilding equity procedures.

(1)

Equitable distribution of disaster-mitigation resources. Following declaration of an emergency by city, state or federal governmental officials relative to the aftermath of storm damage or the resulting destruction caused by a natural disaster and all subsequent storm-related effects occurring within the boundaries of Orleans Parish or any affected geographic area contained therein, including any land mass designated as a disaster zone in part or in full, shall be determined eligible for fair and equitable participation and consecutive distribution of funds derived through federal, state or city resources including private external funding donated for city use and made available to the city for the purpose of disaster mitigation, neighborhood reclamation and infrastructure restoration.

The City of New Orleans, being a political subdivision of the State of Louisiana and governed by its Home Rule Charter, shall exercise its authority and fiduciary responsibilities to protect the public interest through furtherance of disaster mitigation, neighborhood reclamation and infrastructure restoration programs and services which affirm equal protection of the rights of all citizens and Orleans Parish residents through equal and unabridged access to disaster assistance.

(2)

Disaster area rebuilding not exclusive or restricted by geographic area or zone. Equal access to disaster mitigation, neighborhood reclamation and infrastructure restoration programs and services, including rebuilding activities and projects initiated by property owners in disaster-affected areas or disaster zones, shall not be made exclusive or restricted to select, designated or specifically defined geographic areas with damage and shall include all areas within Orleans Parish where damage has been assessed and determined to be within a disaster affected district, zone or neighborhood area or any combination thereof without consideration or predication on post storm population displacement data or any resulting effects of forced or accelerated out-migration due to disaster conditions in scattered or concentrated geographic areas of the city.

Development and implementation of economic target areas to initiate disaster-assistance programs which by construction and effect result in specific exclusion of designated neighborhood populations by household income, median income classification, adjusted income classification or statistical profile ranking from general participation in city initiated disaster mitigation, neighborhood reclamation and infrastructure restoration services shall be prohibited.

(3)

Exclusionary zoning classification prohibited. Changes in zoning classification or reclassification of disaster-affected residential neighborhood areas shall not exclude redevelopment of existing single-family, two-family and multiunit residential structures and their accessory structures determined to be in zoning compliance with city regulations prior to storm occurrence or constructed prior to any defined changes in land use designation relative to implementation and enforcement of a comprehensive land use master plan.

(a)

New zoning designation or reclassifications shall not create or result in forced reductions or forced increases in the number of residential structures by legal restraint to lower- or higher-density configurations and not excluding necessary demolitions to remove disaster-related debris. Neighborhood residential areas and their prior legally authorized zoning status shall be maintained for the purpose of rebuilding and replacement of storm-damaged structures located in designated neighborhood areas or border areas in immediate geographic proximity to zoning designated neighborhood areas where concentrated density includes low-income populations or any affected economic class considered indigent or where zoning classification if reduced or redefined results in numerical neighborhood housing losses including any zoning action which directly or indirectly causes forced out-migration by change of land use and prevents repopulation in disaster affected areas.

(b)

Temporary demographic shift, accelerated natural attrition or any cyclical displacement shall not be considered sufficient cause for neighborhood arameter [parameter] reduction or redrafting of any residential zoning district designations which may result in fragmentation of concentrated local neighborhood areas.

(3)

Equal access to government disaster assistance resources.

(a)

Allocation of all available government resources, including direct services provided by the city singularly or in conjunction with other public or private entities, shall include equal access to government assistance in disaster affected areas based on defined needs and shall be utilized to the greatest extent feasible.

(b)

Disaster-affected neighborhoods shall not be subject to designated time limits, phased development or planning contingency that restrict or limit redevelopment of residential neighborhood areas relative to level of damage or pace of rebuilding and recovery with exception to those rehabilitation and restoration projects directly financed by city government funds in lieu of expenses originated by property owners financing the rebuilding of residential structures without government assistance, including loans, grants or any combination thereof.

(M.C.S., Ord. No. 22194, § 1, 4-20-06)