A.

Created. A Board of Adjustment has been created pursuant to Title 33, Section 4727 of the Revised Statutes of Louisiana.

1.

The word "Board" shall be used hereafter when reference is made to the Board of Adjustment.

2.

The Board shall consist of seven (7) regular members all of whom shall be qualified voters of St. Charles Parish. The initial terms of the members representing Districts I, III, V, and VII shall be two (2) years; the initial terms of the members representing Districts II, IV, and VI shall be three (3) years. Thereafter members shall be appointed for terms of four (4) years each; members shall be limited to serve two (2) consecutive complete terms. An appointment to fill a vacancy for an unexpired term shall not constitute a full term. Each District Council member shall nominate a representative that resides in their District to be considered for appointment by the Parish Council. Terms of the members holding office on the effective date of Ordinance No. 98-11-2 shall expire when the District appointments are in place or within sixty (60) days, whichever occurs first. If a member is not nominated or confirmed within sixty (60) days of any expired term or resignation, either of the two (2) Councilmembers At Large may nominate a person.

3.

The Board shall adopt rules in accordance with R.S. 33:4727. Said rules shall be approved by the Parish Council by resolution.

B.

Powers. The Board shall have the following powers:

1.

To 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 R.S. 33:4721 through R.S. 33:4729 of any ordinance adopted pursuant thereto;

2.

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

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, to vary or modify the application of any of the regulations or provisions of the ordinance relating to the construction or alteration of buildings or structures so that the spirit of the Ordinance shall be observed, public safety and welfare secured, and substantial justice done.

4.

In any permitting case where a special permit use or a special exception use approval by the St. Charles Parish Council, Planning and Zoning Commission, and/or Planning Director is required, the Zoning Board of Adjustment shall have no authority to grant variances.

5.

Appeals to the Board. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the Parish of St. Charles affected by any decision of the Planning Director or duly authorized representative. Such appeal 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. 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 opinion, cause imminent peril to life or property. In such cases, 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 officer from whom the appeal if [is] taken and on the cause shown.

6.

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 parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

C.

Meetings of the Board.

1.

The Board shall hold at least one (1) regular meeting on the third Thursday of each month at a meeting time established by said Board, and the location of each meeting shall be the Parish Council Chambers in the Courthouse, Hahnville. If a meeting cannot be held for lack of a quorum on the date of the regular meeting an alternate meeting will be held the following Thursday at the same time and location. Special meetings may be called by the Chairman, Director of Planning, or at the written request of any four (4) members of the Board. In the event no applications are scheduled for public hearing, the regularly scheduled meeting may be canceled.

2.

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, records of its examinations and other official actions, all of which shall be immediately filed in the Department of Planning and Zoning and shall be public records.

3.

The Board shall follow Robert's Rules of Order unless in conflict with state law.

4.

A vote of the majority of the members present and voting shall be necessary to approve, approve with modifications, or deny the application or request.

5.

Unless otherwise voted on by the Board of Adjustment, the Board will consider cases in the order in which they were filed.

6.

The Director of the Planning and Zoning Department will serve as the secretary to the Board and handle all correspondence as well as record any objections and rulings of the Board.

7.

The Board will require the following from each petitioner, which shall be submitted through the Planning and Zoning Department, with the application.

a.

An application and adjourning property owner form completed in full.

b.

Survey, maps, plats, photographs and other records, as may be necessary to show cause for a decision by the Board.

c.

Copy of the letter from the Planning and Zoning Department of St. Charles Parish rejecting the application.

d.

Fees. A fee of one hundred fifty dollars ($150.00) for single family residential. A fee of two hundred fifty dollars ($250.00) for all other applications. No public hearing will be held on any case until all required fees are paid in full. No fees shall be refunded once a case or petition has been advertised for a public hearing. (Ord. No. 21-8-10, § I, 8-9-21)

8.

Public notice. The Board shall schedule and hold a public hearing to consider all applications.

a.

The Board's secretary shall notify each petitioner at the address listed on the application, identifying the date and time of the public hearing. The Department of Planning and Zoning shall post a sign on the affected property which calls attention to the public hearing at least ten (10) days prior to that hearing date.

b.

The Planning and Zoning Department shall post a sign on the affected property which calls attention to the public hearing at least ten (10) days prior to that hearing date. Similar notification shall also be posted at the principal office of the Department of Planning and Zoning.

c.

The public hearing shall be advertised in the official journal of the Parish at least three (3) times on at least three (3) separate weeks, and at least fifteen (15) days shall elapse between the first publication and the date of the hearing.

d.

Notice of the time and place of the public hearing shall be sent by certified mail not less than ten (10) days in advance of the hearing to all abutting property owners.

e.

Following this public hearing, the decision of the Board will be implemented by the Planning and Zoning Department.

9.

The Board's secretary shall give written notification of the action taken by the Board.

10.

The Board shall specify that the Planning and Zoning Department should accept applications and review each application to insure that the necessary information has been included. No reapplication of a variance request or interpretation previously denied by the Board shall be accepted for the same property. This rule applies to all cases in which the identity of the thing applied for and the persons and/or entities involved are the same.

11.

The Board shall elect a Chairman who shall preside over the meetings. The Board shall have the power to compel attendance of witnesses. The Board shall also elect a Vice-Chairman who shall act in the absence of the Chairman. Terms of the Chairman and Vice-Chairman shall be for a period of one (1) calendar year; members may serve consecutive terms for either position. The Chairman and Vice-Chairman shall be elected at the last meeting of the calendar year.

12.

All questions before the Board shall be decided by roll call vote of the members present. Four (4) members shall constitute a quorum.

13.

All persons appearing before the Board shall state their name and address for the record.

D.

Criteria. Based upon the evidence presented at the public hearing, the Board of Adjustment shall evaluate the application or request by the standards below:

1.

No variance will be considered or granted as to the permitted use as this could constitute a spot zone.

2.

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

3.

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.

4.

The special conditions and circumstances do not result from the actions of the applicant.

5.

Granting the variance requested will not confer on the applicant any special privilege which is denied by this Ordinance to other lands, structures or buildings in the same district or similarly situated.

6.

The variance, if granted, will not alter the essential character of the locality.

7.

Strict adherence to the regulation by the property would result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience.

8.

The request for the variance is not based primarily upon a desire to serve the convenience or profit of the property owner or other interested party(s). Financial hardships shall not be considered as valid criteria for any such variance to existing regulations.

9.

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

E.

Public hearings and decisions issued by Board. In exercising the above mentioned powers such Board may, in conformity with the provisions of the 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 all the powers of the officer from whom the appeal is taken. Every change granted or denied by the Board shall be accompanied by a written finding of fact, based on sworn testimony and evidence, specifying the reason for granting or denying the variation to create a factual record.

1.

The Board of Adjustment may impose such conditions and restrictions upon the location, construction, design, and use of the property benefited by a variance as necessary or appropriate to protect the public interest and adjacent property. Failure to maintain such conditions or restrictions as may be imposed constitutes grounds for revocation of the variance.

2.

The terms of relief granted, including any conditions or restrictions, shall be specifically set forth in the approval.

3.

The Planning Director shall keep records of all such appeals or applications and of all fees paid therefore, shall file with the St. Charles Parish Clerk of Court record of permits completed pursuant to variances issued by the Board, and shall transmit all of such fees collected to the Director of Finance for deposit to the general fund of the Parish of St. Charles. (Ord. No. 21-8-10, § II, 8-9-21)

F.

Expiration of Approvals. A variance expires one (1) year from the date of approval unless a building permit is obtained within such period and substantial construction is started or the use is commenced within such period. The Zoning Board of Adjustment may grant an extension of such period, upon written application, and with good cause shown, subject to verification that the approval standards of paragraph E above are still met.

G.

Appeals to the decisions of the ZBA. Any person or persons, jointly or severally, including the petitioner of an appeal, aggrieved by a decision of the Board of Adjustment, or any taxpayer, or any officer, department, board, or bureau of the parish may then petition the court of record as provided in Title 33, Section 4727 of the Revised Statutes of Louisiana.

(Ord. No. 15-7-5, § VIII, 7-6-15)