A board of zoning adjustment is hereby created and established. The word "board" when used in this article shall be construed to mean the board of zoning adjustment. The board shall consist of five (5) members appointed by the mayor with the consent of the board of aldermen. Each member of the board shall be a freeholder of the City of Crowley and a qualified voter of said city and no elected or appointed public official shall be eligible to serve on such board so long as he holds other public office. The membership of the first board shall serve respectively, one for one year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years. Thereafter members shall be appointed for terms of five (5) years each. 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, who shall serve for one year. The director of the planning commission shall also serve as the secretary of the board of zoning adjustment, but shall not be considered as a voting member of the board. It shall be the duty of the secretary to keep a true and correct record of all proceedings of the board.

The board shall keep minutes of its proceedings and records of its examinations and other official actions. The minutes of the board shall show the vote of each member upon each question, or, if failing to vote, indicating that fact. All minutes and records shall be filed immediately in the office of the board and shall be public record. Certified copies of all decisions of the board shall be furnished to the zoning administrator and the planning commission.

The board shall adopt rules of procedure not in conflict with any state act or City of Crowley, Louisiana, ordinance. Meetings of the board shall be held at the call of the chairman and at such other items as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel attendance of witnesses. All meetings of the board shall be open to the public. All testimony presented at a public hearing, objections thereto and rulings thereon shall be taken down by a recorder. In exercising its powers and duties, 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 zoning administrator. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under such ordinance, or to effect any variance of such ordinance.

Appeals to the board may be taken by any party aggrieved, or by any officer, department, commission, board, bureau or other agency of the City of Crowley, Louisiana, affected by any decision of the zoning administrator. Such appeal shall be taken within thirty (30) days time, by filing with the zoning administrator and with the board a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board of zoning 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 opinion, cause imminent peril of life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of zoning adjustment or by a court of record on application or notice to the zoning administrator and on due cause shown. The board of zoning adjustment shall fix a reasonable time not to exceed thirty (30) days 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.

The board of zoning adjustment shall have the following powers and it shall be its duty:

(9.601) To hear and decide appeals involving the interpretation of any provisions of this ordinance 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 ordinance.

(9.602) In hearing and deciding appeals, the board 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 thirty (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 ordinance 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 unenclosed roadside stands for the sale of products raised on the premises, commercial amusements or recreational developments for temporary or seasonal periods, not to exceed ninety (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-2 Single-Family Residential and in the R-3 Two-Family Residential districts within three hundred (300) feet of a use permitted in an R-4 Multiple-Family Residential district, C-2 Neighborhood Shopping district, M-1 Medical Service district and for nonconforming 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-4 Multiple-Family district within three hundred (300) feet of a use permitted in R-4 Multiple-Family Residential district, M-1 Medical Service district and C-2 Neighborhood Shopping districts and for nonconforming uses to be improved for the parking spaces required in connection with the permitted uses, but only when there is positive assurance that such land will be used for such purpose 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 except residential districts and permit the erection of private radio towers in any district.

No exception shall be granted by the board of zoning 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 detrimental to the public welfare.

(9.603) To vary or adopt the strict application of the yard requirements or height restrictions, and parking or sign regulations in the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions, whereby such strict application would deprive the owner of the reasonable use of the land in accordance with the use regulations of this ordinance, to 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 provision of required off-street parking space within three hundred (300) feet of the main building is not feasible and would impose an unreasonable hardship as contrasted with merely granting an advantage or a convenience, to approve an application for a business sign or advertising structure which may not conform with the provisions of the district in which it is to be located, where the location, size or addition would not be inconsistent with the character of the area or neighborhood in which such sign or structure is to be located. In granting any variance the board of zoning adjustment shall prescribe any conditions that it deems to be necessary or desirable.

No variance shall be granted by the board of zoning adjustment unless it 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 ordinance 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 ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(9.604) The following additional requirements, procedures and general instructions for application for zoning adjustments, including a variance, conditional use or appeals from the restrictions or limitations of the ordinance, shall be followed and all applicants shall use the application form and provide the documentation certification attached. Applicants may be the owner or the owner's designated representative provided specific written authorization is attached to the application.

(1)

Nature of appeal/adjustment/variance/conditional use. In describing the exact nature and type of appeal, adjustment, variance or conditional use being requested, the applicant must clearly indicate the specific requirements that are being requested and/or the administrative decision or interpretation that is being appealed. The applicant should describe the particular provisions of this ordinance or other laws that prevent the proposed use or construction and how the literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. Any person shall make application through the office of the zoning administration.

(2)

Supporting information. The applicant must provide a site plan as a part of the application. The site plan shall be drawn to a scale and fifteen (15) copies provided. The site plan must accurately show north arrow, vicinity map, streets, sidewalks, property lines, location of utilities, natural features, easements, the location of existing and proposed construction, open yard areas, curbs, fences, walks, driveways, parking (with each space clearly delineated), entrances and exits, signs and any other information the zoning administration may deem appropriate to present to the board of zoning adjustment.

Upon request, fifteen (15) copies of elevations of the proposed development must be provided.

(3)

Notification. In applying for a variance, the applicant shall supply the names and addresses typed on gum-backed labels of owners of property within two hundred (200) feet of the perimeter of the property where the variance is being sought.

(4)

Fee. A filing fee of one hundred fifty and no/100 ($150.00) dollars must accompany every application.

(5)

Attendance. No action will be taken on any application unless the applicant or authorized agent is present at the meeting to answer any questions that may be raised at the meeting.

(6)

Application form and certification and agreement. The application form and certification agreement are on file with the city.

(Ord. No. 1336, § 1, 5-9-06)

Any person, or any officer, department, commission, board, bureau, or any other agency of the City of Crowley, Louisiana, jointly or severally aggrieved by any decision of the board of zoning adjustment, may present to the district court of the Parish of Acadia, within thirty (30) days after filing of the decision in the office of the board, a petition for 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.