There shall be a board of adjustment, the membership, terms of office, and rights and duties of which shall be as provided in Title 33, Section 4727 of the Louisiana Revised Statutes as amended. The board shall adopt rules in accordance with the provisions of this section. Meetings for the board shall be held at the call of the chairman and at such times as the board may determine. All meetings shall be open to the public and proceeded by due advertisement.

(Zoning Ordinance, § 7.1)

Editor's note— R.S. 33:4727, cited in the above section, makes the following provisions relative to the membership and appointment of boards of adjustment:

"The local legislative body may provide for the appointment of a board of adjustment, and in the regulations and restrictions adopted pursuant to the authority of R.S. 33:4721 through R.S. 33:4729, may provide that the board may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules contained therein. The board of adjustment shall consist of five members and may include two alternate members, all of whom shall be freeholders and qualified voters. The membership of the first board shall serve respectively, one for one year, one for two years, one for three years, one for four years, and one for five years. Thereafter members shall be appointed for terms of five years each. 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 form a quorum, and when so serving shall have all the powers and duties or regular members. 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 board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to R.S. 33:4721 through 33:4729."

(a)

The board shall hear and decide upon:

(1)

Appeals from alleged error in the building inspector's decision;

(2)

Interpretation of the provisions of this article;

(3)

Appeals for variance where exceptional and peculiar hardship would be caused by enforcement of the regulations in this article and where such variance would not substantially deviate from the intent of this article but not otherwise.

(b)

The board shall not be authorized to grant variances in the use of land or to take any other action the result of which would constitute a change in the district boundaries. The board shall always act with due consideration to promote the public health, safety, convenience, and welfare, encouraging the most appropriate use of land and conserving property values; shall permit no building or use detrimental to a neighborhood and may prescribe appropriate conditions and safeguards in each case. Such appropriate condition and safeguards may include, among other things, provisions for the screening of parking areas by walls, fences, and plantings, and other such measures.

(c)

The board shall have the power and authority to appoint a secretary who shall not necessarily be a member of the board, in which event the salary of such secretary shall be fixed by the board. It shall be the duty of the secretary to keep a true and correct record of all proceedings at such meetings, both general and special of said board, in a book or books to be kept specially for that purpose. Certified copies of such proceedings shall be furnished to the chairman of the zoning commission.

(Zoning Ordinance, §§ 7.201—7.203)

A fee as set forth in section 74-181 of this article shall be paid the building inspector at the time the notice of appeal is filed which shall be credited to the general revenue of the city.

(Zoning Ordinance, § 7.3)

The board shall fix the salary of its secretary and of such other employees as are necessary to perform its functions. The salary, fees, and other expenses of the board shall not exceed the amounts appropriated for its use by the governing body.

(Zoning Ordinance, § 7.4)

Any person or persons or any board, taxpayer, department, or bureau of the city aggrieved by any decision of the board of adjustment may seek review by a court of record of such decision in the manner provided by the laws of the State of Louisiana.

(Zoning Ordinance, § 7.5)

Editor's note— R.S. 33:4727 provides the following with respect to appeals from municipal boards of adjustment:

"Any person or persons jointly or severally aggrieved by any decision of the board of adjustment, or 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 located a petition, duly verified, setting forth that the decision 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. Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review the decision of the board of adjustment and shall prescribe therein the time within which a return may be made and served upon the relator's attorney, which shall be not less than ten days but which may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from but the court may, on application, on notice to the board and on due cause shown, grant a restraining order. The board of adjustment shall not be required to return the original papers acted upon by it, but may return certified or sworn copies thereof or such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review. Costs shall not be allowed against the board unless it appears to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings."