Pursuant to the authority contained in the enabling act, the board of zoning adjustment is hereby created. The word "board" when used in this section shall be construed to mean the board of zoning adjustment. The board shall consist of seven (7) members who shall be appointed by the Donaldsonville Council and shall be residents, owners of real property, and qualified voters. The membership of the board shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, and one (1) for five (5) years. Thereafter members shall be appointed for terms of five (5) years each, including any new members appointed by expansion of the number of members of said board. 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 (1) year.

(Ord. No. 2024-15, § I, 10-8-24)

The board shall adopt rules of procedure not in conflict with any state act or city ordinance. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, 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 examinations 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 a reporter employed by the board for the purpose.

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 Donaldsonville, Louisiana, affected by any decision by the zoning administrator. Such appeal shall be taken within a reasonable 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 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 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 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 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 duties:

A.

Administrative review. To hear and decide appeals 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.

B.

Special exceptions. Conditions governing applications; procedures to hear and decide only such special exceptions as the board is specifically authorized to pass on by terms of this ordinance, to decide questions as are involved in determining whether or not special exceptions should be granted, and to grant special exceptions with such conditions and safeguards as are appropriate under this ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this ordinance. A special exception shall not be granted by the board of zoning adjustment unless and until:

(1)

A written application for a special exception is submitted indicating the section of this ordinance under which the special exception is sought and stating the grounds on which it is requested.

(2)

Notice shall be given at least fifteen (15) days in advance of public hearing. The owner of the property for which the special exception is sought or his agent shall be notified by mail. Notice of such hearings shall be posted on the property for which special exception is sought, at the Donaldsonville city hall and in one (1) other public place at least fifteen (15) days prior to the public hearing.

(3)

The public hearing shall be held. Any party may appear in person, or by agent or attorney.

(4)

The board of zoning adjustment shall make a finding that it is empowered under the section of this ordinance described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

(5)

Before any special exception shall be issued, the board shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable:

a.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

b.

Off-street parking and loading areas where required, with particular attention to the items in "a" above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district.

c.

Refuse and service areas, with particular reference to the items in "a" and "b" of the foregoing.

d.

Utilities with reference to locations, availability and compatibility.

e.

Screening and buffering with reference to type, dimensions, and character.

f.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

g.

Required yards and other open space.

h.

General compatibility with adjacent properties and other property in the district.

C.

Variances; conditions governing applications; procedures. To authorize upon appeal in specific cases such variance under the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the board of zoning adjustment unless and until:

(1)

A written application for a variance is submitted demonstrating:

a.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.

b.

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

c.

That the special conditions and circumstances do not result from the actions of the applicant or his ancestors in title to the property.

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

(2)

Notice of public hearing shall be given as in subsection 8.4, B, in the foregoing.

(3)

The public hearing shall be held. Any party may appear in person, or by agent or attorney.

(4)

The board of zoning adjustment shall make findings that the requirements of subsection 8.4, C.(1) have been met by the applicant for a variance.

(5)

The board of zoning adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

(6)

The board of zoning adjustment shall further make a finding 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.

In granting any variance, the board of zoning adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Section XI of this ordinance.

Under no circumstances shall the board of zoning adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

D.

Board has powers of administrative officials on appeals; reversing decisions of administrative official. In exercising the above mentioned powers the board of zoning adjustment may, when such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, 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 the powers of the administrative official from whom the appeal is taken.

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.

E.

Court review. Any person or persons, or any officer, department, commission, board, bureau, or any other agency of the City of Donaldsonville, Louisiana, jointly or severally aggrieved by any decision of the board of zoning adjustment, may present to the Twenty-Third District Court of the Parish of Ascension, City of Donaldsonville, within thirty (30) days after filing of the decision in the office of the board, a write [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.

F.

Fees. A fee of fifty dollars ($50.00) shall be paid to the zoning administrator at the time the notice of appeal is filed, which the zoning administrator shall forthwith pay over to the city treasurer to the credit of the general revenue fund of the City of Donaldsonville, Louisiana.

(Ord. No. 2024-15, § II, 10-8-24)