Zoneomics Logo
search icon

Abita Springs City Zoning Code

Sec. 9-226

Appeals to the zoning commission; powers on appeal; actions.

(a)

(1)

Appeals to the zoning commission may be taken by any party aggrieved or by any officer, department, commission, board, bureau, or any other agency of the community affected by any decision of the building inspector. Such appeals shall be taken within 30 days from notification of the adverse decision, by filing with the town clerk and with the zoning commission a notice of an appeal specifying the grounds thereof.

(2)

The town clerk shall produce all papers, correspondence, and records requested by the zoning commission for any hearing or meeting held by the zoning commission. An appeal stays all proceedings and furtherance of the action appealed from, unless the town clerk certifies the zoning commission, after a notice of appeal shall have been filed with him, by reason of facts stated in the certificate, that a stay would, in his opinion, cause imminent peril of life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning commission or by the civil district court of the parish on application to the zoning commission or civil district court of the parish and notice to the town clerk and on due cause shown. The zoning commission shall fix a reasonable time for hearing the appeal, give public notice thereof, as well as due notice to the interested parties, and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by an attorney.

(b)

The zoning commission shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is an error in order, requirement, decision or determination made by the town clerk or building inspector in the enforcement and administration of this chapter (except those matters within the jurisdiction of the historic district commission);

(2)

In hearing and deciding appeals, the zoning commission shall have the power to grant an exception in the following instances:

a.

Where the boundary line of a district divides a lot held in single ownership at the time of the passage of this chapter, to permit extension of the district to include the entire lot;

b.

To interpret the provisions of this chapter in such a way as to carry out the intent and purposes of the plan, as shown on the map fixing the several districts accompanying and made a part of this chapter, where the actual street layout on the ground varies from the street layout as shown on the map aforesaid;

(3)

The zoning commission shall have authority to grant the following variances:

a.

Permit a variance in the yard requirements, the size of squares or the requirements of such in the development of land, height restrictions, or lot areas per family requirements of any district, but only where there are unusual and practical difficulties or unnecessary hardships but only when the zoning commission is satisfied that the granting of such variance will not merely serve as a convenience to the applicant, but will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a deviation from the comprehensive plan surrounding property will be property protected;

b.

Waive or reduce the parking and loading requirements in any district whenever the use of a building or land is so extraordinary as to make unnecessary the full provision of parking or loading facilities, or whenever it can be shown that provision of required off-street parking space within 300 feet of the main building is not feasible and would impose and unreasonable hardship as contrasted with merely granting and advantage or a convenience;

(4)

In consideration of all appeals and all proposed exceptions or variances under the terms of this chapter the zoning commission shall, before making any exceptions or variance from the chapter in a specific case, first determine that it will not impair an adequate supply of air or light to adjacent property, or unreasonably increase the congestion in public streets, or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public heath, safety, morals, comfort or welfare of the inhabitants of the community;

(c)

(1)

In exercising the above mentioned powers, the zoning commission may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the town clerk. In granting a variance, the zoning commission may attach thereto such conditions as it may deem advisable in furtherance of the purpose of this chapter.

(2)

The concurring vote of four members of the zoning commission shall be necessary to reverse any order, requirement, decision, or determination of the buildinginspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variance of the chapter. Any person or persons, or any officer, department, board, bureau, or any other agency of the community, jointly or severally aggrieved by any decision of the zoning commission, may present to the civil district court of the parish within 30 days after filing of the decision of the office on the zoning commission a writ of certiorari asking for such relief and under such rules and regulations as are provided for such matters in appropriate legislation of the state.

(Ord. No. 108, § 19.35, 9-4-79; Ord. No. 302, 4-18-06; Ord. No. 318, 3-26-07)