A.

Establishment. A Board of Adjustment is hereby established (as provided for in Section 4727, Title 33, of the Louisiana Revised Statutes of 1950 as amended), which shall consist of five (5) members and two (2) alternate members, all of whom are appointed by the city council. The regular members shall serve for a term of five (5) years. Alternate members shall be appointed for a term of three (3) years, and shall serve only when called upon to comprise a full five-member board when a quorum is present. When so serving, alternate members shall have all the powers and duties of regular members. Members and alternates of the board of adjustment may be removed from office by the city council for cause upon written charges and other public hearing. Vacancies shall be filled by resolution of the city council for the unexpired term of the member affected.

B.

Proceedings.

1.

The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this Ordinance. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

2.

The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the board.

C.

Hearings; appeals; notice.

1.

Appeals to the Board of Adjustment concerning interpretation or administration of this Ordinance may be taken by any person aggrieved or by any officer or bureau of the governing body of the City affected by any decision of the Zoning Administrator.

2.

Such appeals shall be taken within a reasonable time, not to exceed sixty (60) days of such lesser period as may be provided by the rules of the Board, by filing with the Zoning Administrator and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to both the Board and the Zoning Commission all papers constituting the record upon which the action appealed from was taken.

3.

The Board of Adjustment shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

D.

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Zoning Administrator from whom the appeal is taken and on due cause shown.

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.

Variances. To authorize upon appeal in specific cases such variances from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions or peculiar circumstances, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship, or would not be in the best interest of the citizens of the city or of the aims of the city in promoting zoning in general. A variance from the terms of this Ordinance shall not be granted by the Board of 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 the Ordinance;

c.

That the special conditions and circumstances do not result from the actions of the applicant;

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;

or:

That there are special conditions and circumstances concerning the particular application for which the board of adjustment feels that the interest of zoning and the city as well as the neighborhood would best be served by granting the variance.

2.

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.

3.

Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of the Ordinance in the district, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.

C.

Powers.

1.

In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this Ordinance, reverse of affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Administrator from whom the appeal is taken.

2.

The concurring vote of three members of the Board shall be necessary to reverse an 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 this Ordinance, or to effect any variation in the application of this Ordinance.

Any person or persons, or any board, taxpayer, department of bureau of the city aggrieved by any decision of the board of adjustment may seek review by a court of record, in the manner provided by the laws of the state and particularly by title 33:4727 of the Louisiana Revised Statutes of 1950.

A.

It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning Administrator, and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law.

B.

It is further the intent of this Ordinance that the duties of the City Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Ordinance. Under this Ordinance the City Council shall have only the following duties:

1.

Considering and adopting or rejecting proposed amendments or the repeal of this Ordinance, as provided by law, and

2.

Establishing a schedule of fees and charges as outlined in Section 105 of this Ordinance.