A board of zoning adjustment is hereby created to be composed of five members who shall be the City of Breaux Bridge Board of Aldermen.

(Ord. No. 2232, 8-8-2017; Ord. No. 2273, 12-14-2021)

Appeals to the board of adjustment may be taken by any party aggrieved, or by any officer, department, commission, board, bureau or other agency of the City of Breaux Bridge, Louisiana affected by any decision of the zoning administrator. Such appeal shall be taken within 30 days-time, by filing with the zoning administrator and with the board of adjustment a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the appeal action was taken. An appeal stays all proceedings in furtherance of the action unless the zoning administrator certifies to the board of adjustment that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application or notice to the zoning administrator and on due cause shown. The board of adjustment shall fix a reasonable time not to exceed 45 days for the hearing of the appeals, 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 agent or be represented by attorney.

Each appeal shall be accompanied with payment of a non-refundable fee of $500.00. Under no conditions shall said sum or any part thereof be refunded for any reason. The petitioner shall also be responsible for and pay the direct cost of reducing the transcript of the hearing of all the testimony given at any public hearing held in connection herewith to writing, and all costs of postage.

(Ord. No. 2232, 8-8-2017; Ord. No. 2273, 12-14-2021; Ord. No. 2294, 2-14-2024)

The board of adjustment shall hear and decide appeals involving the interpretation of any provision of this chapter or where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator in the enforcement of this chapter. In addition, in hearing and deciding appeals, the board of adjustment shall have the power to grant exceptions in the following instances:

(1)

Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, permit the less restricted portion of such lot to extend not more than 30 feet into the more restricted portion, provided the lot has frontage on a street in the less restricted district.

(2)

Interpret the provisions of this chapter in such a way as to carry out the intent and purposes of the plan, as shown upon the zoning district map, where the district boundaries are uncertain, or where the street layout actually on the ground varies from the street layout as shown on the district map.

(3)

Permit the erection and use of a building or the use of land for railroads or public utility purposes.

(4)

Permit un-enclosed roadside stands for the sale of products raised on the premises (provided each such roadside stand is provided with five parking spaces for potential customers), commercial amusements or recreational developments for temporary or seasonal periods, not to exceed 90 days.

(5)

Permit temporary buildings that are used in conjunction with construction work only, in any district during the period that construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.

(6)

Permit land in the R-3 Single family residential district within 300 feet of a use permitted in R-5 Multiple family residential district, C-1 Neighborhood shopping district, M-1 Medical service district and for non-conforming uses, to be improved for the parking spaces required in connection with the permitted use but only when there is positive assurance that such land will be used for such purpose during the existence of the permitted use.

(7)

Permit land in the R-5 Multiple family district within 300 feet of a use permitted in R-5 Multiple family residential district, M-1 Medical service district and C-1 Neighborhood shopping district and for non-conforming uses to be improved for the parking spaces required in connection with the permitted uses by only when there is positive assurance that such land will be used for such purposes during the existence of the permitted use.

(8)

Permit the development of airports and the erection of commercial radio and television broadcasting towers in any district.

No exception shall be granted by the board of adjustment unless it finds that the use for which such exception is sought will not, in the circumstances of the particular case and under any conditions that the board considers to be necessary or desirable, be injurious to the neighborhood or otherwise be detrimental to the public welfare.

The board may vary or adopt the strict application of the yard requirements or height restrictions, and parking regulations in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical condition, whereby such strict application would deprive the owner of the reasonable use of the land in accordance with the use regulation of this chapter, waive or reduce the parking requirements whenever the use of a building or land is so extraordinary as to make unnecessary the full provision of parking facilities, or whenever it can be shown that the provision of required off-street parking space within 300 feet of the main building is not feasible and would impose an un-reasonable hardship as contrasted with merely granting an advantage or a convenience. In granting any variance the board shall prescribe any conditions that it deems to be necessary or desirable.

No variance shall be granted by the board unless if finds:

(1)

That there are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings in the neighborhood and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.

(2)

That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the board is the minimum variance that will accomplish this purpose.

(3)

That, the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise be detrimental to the public welfare.

(Ord. No. 2232, 8-8-2017; Ord. No. 2273, 12-14-2021)

Any person or persons, or any officer, department, commission, board, bureau or any agency of the City of Breaux Bridge, Louisiana, jointly or severally aggrieved by any decision of the board of adjustment, may present to the District Court of the Parish of St. Martin, within 30 days after filing of the decision in the office of the board, 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 of Louisiana.

(Ord. No. 2232, 8-8-2017)