7.101. The legislative body of the City of Covington has created a Board of Adjustment as authorized by R.S. 33:4727, as amended.

(Ord. No. 2010-30, Exh. 1, 1-4-2011; Ord. No. 2011-20, 9-9-2011)

7.201. The duty of the Board of Adjustment shall be to:

1.

Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the city's zoning ordinance; and

2.

To hear and decide all matters referred to it or upon which it is required to pass under the ordinance.

3.

In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, the Board of Adjustment may vary or modify the application of any of the regulations or provisions of the ordinance relating to the use, construction or the alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

(Ord. No. 2010-30, Exh. 1, 1-4-2011; Ord. No. 2011-20, 9-9-2011)

7.301. The Board of Adjustment acts as a judicial body and its meetings shall be held as follows:

1.

The meetings of the Board of Adjustment shall be conducted with judicial decorum.

2.

Meetings of the Board shall be held at the call of the chairman and at such times as the Board may determine.

3.

Before speaking before the Board, the chair shall qualify each person who proposes to speak. Speaker shall limit their testimony and evidence to matters that are relevant to the case being heard. Each speaker, pro or con, must demonstrate their interest, or connection to the application and the relevance of their testimony. Also, please refer to the Board of Adjustment's meeting rules.

4.

The City of Covington shall in every instance be a party before the Board of Adjustment.

5.

All meetings of the Board shall be open to the public.

6.

The Board shall keep minutes of its meetings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact and shall keep records of its examination and other official actions, all of which shall be filed immediately in the office of the Board and shall be public record. All testimony, objections thereto, and rulings thereon, shall be taken down by an auditory recording or by a reporter employed by the Board for the purpose.

7.

Any member of the Board having any direct or indirect financial interest in property, or who lives within 500 feet of any property, which is the subject of a public hearing, shall disclose such fact to the hearing and shall abstain from voting on the matter as per R.S. 42:1112 and R.S. 42:1120.

(Ord. No. 2010-30, Exh. 1, 1-4-2011; Ord. No. 2011-20, 9-9-2011; Ord. No. 2012-13, 7-18-2012; Ord. No. 2014-21, 8-21-2014)

7.401. Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Appeals shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken, and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken, after all transcript costs and all other costs of appeal are paid by the person or entity taking the appeal, the appellant.

7.402. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril of life or property. In such case proceedings shall not be stayed otherwise than by a restraining order that may be granted by the Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

7.403. The Board of Adjustment shall fix a reasonable time for the hearing of 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 agent or by attorney.

7.404. After reviewing all documents and hearing testimony, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

7.405. The concurring vote of a majority of the members of the Board present and voting shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any ordinance, or to effect any variation in the ordinance.

7.406. Any member of the Board having any direct or indirect financial interest in property, or who lives within 500 feet of any property, which is the subject of a public hearing, shall disclose such fact to the hearing and shall abstain from voting on the matter as per R.S. 42:1112 and R.S. 42:1120.

(Ord. No. 2010-30, Exh. 1, 1-4-2011; Ord. No. 2011-20, 9-9-2011; Ord. No. 2014-21, 8-21-2014)

Editor's note— Ord. No. 2011-20, approved by the mayor Sept. 9, 2011, changed the title of § 7.4 from "Appeal process" to "Board of Adjustment appeal process."

7.501. Any person or persons jointly or severally aggrieved by any decision by the Board of Adjustment of any officer, department, board or bureau of the municipality, may present to the District Court of the Parish or City in which the property affected is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board.

(Ord. No. 2010-30, Exh. 1, 1-4-2011; Ord. No. 2011-20, 9-9-2011)

7.601. The Board of Adjustment shall consist of five members and two alternate members, all of whom shall be qualified electors in the City of Covington. The members of the Board shall be appointed in accordance with state law for terms of five years each. The members of the Board shall reside in the City of Covington and in the district from which they are appointed. If any member should move from the city limits, that member shall immediately forfeit the seat on the Board. If any member should move out of the district where appointed yet still reside within the city limits that member shall serve out the remainder of the term.

7.602. Of the two alternate members first appointed, one alternate member shall be appointed for a term of three years and the other for a term of two years. Thereafter each alternate member shall be appointed for a term of three years. Alternate members shall serve only when called upon to compose a full five-member Board when a quorum is present. When so serving, alternate members shall have all the powers and duties of regular members.

7.603. All members shall be removable for cause by the appointing authority upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own chairman and vice chairman, who shall serve for one year.

(Ord. No. 2010-30, Exh. 1, 1-4-2011; Ord. No. 2011-20, 9-9-2011)

7.701. The Board shall adopt rules in accordance with the provisions of any ordinance adopted by the governing authority addressing zoning or the Board of Adjustment; however, any rules adopted by a Board of Adjustment, zoning administrator, or other official or official body appointed by the governing authority shall not be effective until approved in writing by the governing authority. Upon the effective date of this ordinance, the existing Board of Adjustment rules shall be null and void and no new rules shall be adopted by the Board of Adjustment or submitted to the governing body prior to the appointment of the alternate members.

(Ord. No. 2010-30, Exh. 1, 1-4-2011; Ord. No. 2011-20, 9-9-2011)