It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the building official or administrative official, and that such questions shall be presented to the Ponchatoula Consolidated Board (PCB) only on appeal from the decision of the administrative official and that recourse from the decision of the PCB shall be with the city council and recourse from the decision of the council shall be the courts as provided by law.

( Ord. No. 767 , 5-13-2019)

7.201. The board shall hear and decide upon:

1.

Appeals from alleged error in the building inspector's decision; or an appeal from the building inspector (administrative official).

2.

Interpretation of the provisions of this ordinance and of the district boundaries.

3.

Appeals for variances where exceptional and peculiar hardship would be caused by enforcement of the regulations of this ordinance and where such variance would not substantially deviate from the intent of this ordinance. Hardships cannot be self-created.

4.

Applications for conditional uses where exceptional and particular hardship would be caused by enforcement of the regulations of this ordinance and where such conditional use would not substantially deviate from the intent of this ordinance.

7.202. The board shall not be authorized to grant variances or conditional uses in the use of land or to take any other action the result of which would constitute a change in 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 the land and conserving property values; shall permit no building or conditional use detrimental to a neighborhood and may prescribe appropriate conditions and safeguards which may include, among other things, provisions for the screening of parking areas, walls fences, and plantings and other such measures. Notification of adjacent property owners shall be required when a variance or conditional use request is to be heard by the board.

The board shall have the authority to impose conditions and safeguards as deemed necessary to protect and enhance the health safety and welfare of the surrounding area. The authorization of a conditional use permit shall not be made unless the evidence presented is such to establish:

1.

That such use will not, under the specific circumstances of the particular case, be detrimental to the health, safety or general welfare of the surrounding area and that the proposed use is necessary or desirable and provides a service or facility that contributes to the general wellbeing of the surrounding area.

2.

That such use will comply with the regulations and conditions specified in this Code for such use.

3.

The planning commission shall itemize, describe or justify, then have recorded and filed in writing, the conditions imposed on the use.

( Ord. No. 767 , 5-13-2019)

7.301. A fee of $50.00 shall be paid to the city at the time a conditional use or variance is requested together with an application setting forth the need for the variance or conditional use and other pertinent information including plans depicting the variance or conditional use, if construction or renovations are proposed.

7.302. In the case of a conditional use, the property shall be posted with placard ten days prior to board meeting stating the requested conditional use and the date and time of the meeting of the board set to determine same.

( Ord. No. 767 , 5-13-2019)

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

Appeals to the board shall be stated in writing, and submitted at least seven days prior to the board meeting. The appeal shall include the name and address(es) of the affected parties, proof of property ownership, and the nature of the appeal. The building official shall be notified of any appeal and shall attend the board meeting at which the appeal is scheduled. The appeal may be decided by the board at that same meeting or within a reasonable time. There shall be only one appeal to the city on decisions rendered by the board.

( Ord. No. 767 , 5-13-2019)

General. Where the PCB finds extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances or conditional uses to these regulations so that substantial justice may be done and the public interest served, provided such variances or conditional uses shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the planning commission shall not approve variances or conditional uses unless it shall make findings based upon the evidence presented to it in each specific case that:

1.

The granting of the variance or conditional use will not be detrimental to the public safety, health, or welfare or injurious to other property and does not result from a self-imposed hardship.

2.

The conditions upon which the request for a variance is based are unique to the property for which the variance or conditional use is sought and are not applicable generally to other property.

3.

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out.

4.

The variances or conditional uses will not in any manner vary the provisions of the zoning ordinance, official map, comprehensive plan, or other city ordinance.

5.

The variance or conditional use does not adversely affect the neighboring property or quality of life of neighboring property owners.

6.

The request will not create undue traffic congestion.

7.

The request can demonstrate adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed.

( Ord. No. 767 , 5-13-2019)

Any granted conditional use permit shall become null and void within one year of the date of approval if not exercised. A conditional use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. If such permit is abandoned or discontinued for a period of one year, it may not be reestablished unless authorized by the Ponchatoula Consolidated Board or city council on appeal.

A conditional use permit may be revoked if the applicant fails to comply with imposed conditions by the board.

( Ord. No. 767 , 5-13-2019)