Pursuant to section 1-14, the board of adjustments is hereby created. The term "board," when used in this article, shall be construed to mean the board of adjustments. The board shall consist of five members, each of whom shall be appointed by a member of the city council. One member of the board shall be appointed by each councilmember. The membership of the first board shall serve the following terms, pursuant to R.S. 33:4727: appointee of Councilmember District 1 for one year, appointee of Councilmember District 2 for two years, appointee of Councilmember District 3 for three years, appointee of Councilmember District 4 for four years, and appointee of Councilmember District 5 for five years. Thereafter, members shall be appointed for terms of five years each. Each board member shall be a resident and a qualified voter of the city. Board members shall be removable for cause in accordance with R.S. 33:4727. The board shall elect its own chairperson, who shall serve one year or until he is re-elected or his successor is elected. Vacancies on the board shall be filled for the unexpired term of any member whose term becomes vacant and shall be filled by appointment of the councilmember who appointed the board member whose seat became vacant. The city attorney shall be the legal advisor for the board. The board shall not hold more than 26 meetings in any calendar year.

(Ord. No. 1428, § 20:301, 6-13-2011)

The board of adjustments shall have all the powers and duties prescribed by this article, which are more particularly specified as follows:

(1)

Appeals from decisions of the building inspector and code enforcement. Except as otherwise provided, to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the department of inspection and code enforcement.

(2)

Exceptions. To grant an exception from the provisions of articles I to III of this chapter in the following instances:

a.

Generally.

1.

Where the boundary line of a zoning district divides a lot held in single ownership at the time of passage of the ordinance from which this article is derived and no dimensions are indicated on the zoning maps and the exception appealed for is not more than 25 feet in any direction, and does not exceed 5,000 square feet, permit the extension of the district to include the entire lot.

2.

Interpret the provisions of the zoning regulations of article II of this chapter adopted pursuant to R.S. 33:4721 through 33:4729 in such a way as to carry out the intent and purposes of the zoning plan, as shown upon the zoning map fixing the several districts, where the street layout as it exists on the ground varies from the street layout as shown on the zoning map.

b.

Use exceptions. To permit the following specific use exceptions:

1.

To permit manufactured homes or mobile homes on any premises zoned for residential use.

(3)

Variances. In accordance with the standards hereafter prescribed, to grant variances from the provisions of the zoning regulations of article II of this chapter in the following instances:

a.

Permit a variance in yard requirements, height restrictions of structures, or lot-area-per-family requirements of any district, but only where there are unusual and practical difficulties or unnecessary hardships in the carrying out of those provisions due to an irregular shape of the lot or topographical or other physical condition, and where such variance will not affect any adjoining property or the general welfare.

b.

Authorize a variance whenever a property owner can show that a strict application of the terms of article II of this chapter relating to use, construction, or alteration of buildings or other structures, or the use of land, will impose upon him unusual and practical difficulties or particular hardship, but only when the board is satisfied that granting such a variance will not serve merely as a convenience to the applicant but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a deviation from the comprehensive plan as established by this article and, at the same time, the surrounding property and the interests of the owners of the surrounding property will be properly protected.

c.

Waive or reduce the parking and loading requirements in residential districts; however, appeals for parking requirement reductions where the required parking exceeds ten spaces shall be limited to a maximum of ten spaces or ten percent of the required parking, whichever is greater, and shall be considered only if all parking spaces are of the size prescribed in section 34-56.

d.

Interpret the allowable uses in the text of ordinances adopted pursuant to R.S. 33:4721 through 33:4729, when it is apparent an error or omission was made. This shall only be done with a concurring majority vote of the zoning advisory board that an omission or error was made, and a copy of that motion shall be made part of the record on such an issue.

(4)

Additional conditions and restrictions. The board may impose such conditions and restrictions upon the premises benefited by a variance or exception as may be necessary to comply with the standards set forth in this section to reduce or minimize any injurious or adverse effects of such variances or exception upon the property in question, other property in the neighborhood, the owners of such property, or the city generally, and to better carry out the general intent of this article.

a.

If the board of adjustments grants a variance to the height of a private garage, the entire structure shall be set back from the side and rear lot lines an additional one foot for every additional one foot or fraction thereof in height over 13 feet granted by the board.

b.

If the board of adjustments grants a variance to the height of a private garage, the garage shall not contain a second or higher floor used as a place of habitation.

(Ord. No. 1428, § 20:302, 6-13-2011)

The actions and decisions of the board of adjustments shall be governed by the following standards and restrictions:

(1)

Limitations.

a.

In exercising the powers specified in section 34-172, the board may affirm or reverse wholly or partly or may modify the decision or determination appealed from and may make such other order, requirement, decision or determination as the board may deem proper and that is within the board's authority. However, the board shall not render any adjustment or make any decision or determination that would constitute a zoning change.

b.

Once an appeal or application has been finally acted upon by the board, the board shall not consider any further appeal or application requesting the same or similar relief involving the same property within one calendar year from the date of the board's final decision on said appeal or application.

c.

If, after the judgment or decision granting a variance, exception, or other relief prayed for, the operation authorized is not commenced within two years of the effective date of the board's decision, or if the operation is commenced by the issuance of a permit and the work is discontinued for a sufficient period that the permit expires or is allowed to lapse and is not resubmitted for approval within two years of the effective date of the board's decision, the judgment or decision shall expire, prescribe, lapse and/or be deemed to be abandoned by appellant or applicant; and no permit shall be issued in reliance on such judgment or decision unless the matter is resubmitted to the board for consideration in the same manner as an original appeal or application and is again approved. The date of filing of the decision in the office of the board shall be the effective date of judgment or decision.

d.

In considering a variance, exception, or other relief requested in connection with any property, the board shall consider such requests based only upon the zoning classification of said property at the time the application is filed.

(2)

Standards. The purpose of the "variance" provisions of this section generally permit an applicant to apply for relief from the requirements of the letter of the ordinance when unnecessary hardship or practical difficulty exists, or when there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition would prevent a reasonable or sensible arrangement of building on the lot. The purpose of the "exception" provisions of this section, whenever an exception requires the approval of the board, generally permit the applicant to apply for use of land for purposes that may be essentially desirable, necessary or convenient to the community, its residents, or a substantial segment thereof but that require special consideration of location and site plan because of an inherent tendency to create traffic congestion, noise, density of persons assembling, or that may cause an excessive strain on water resources or sewerage disposal facilities, or drainage, or that may cause a depreciation of or diminution in value of the immediate surrounding property, or that may otherwise adversely affect safety or welfare of the immediate surrounding area or of persons in this area.

a.

In considering all appeals and all proposed variances and/or exceptions requiring board approval, under the terms of this article, the board shall not grant approval if it makes a finding, based on the evidence presented to it, as indicated in the record and the transcript of the hearing, that any of the following exist:

1.

The approval, if granted, would cause other than negligible diminution or depreciation of property values of any surrounding property or would alter the essential character of the locality.

2.

The approval, if granted, would tend to degrade or retard the prosperity and general welfare of the neighborhood and community.

3.

The approval, if granted, would be detrimental to the public welfare or seriously affect or be injurious to other property or improvements in the neighborhood in which the property is located, in that it would: impair an adequate supply of light and air; or increase substantially the congestion in the public streets, create a traffic hazard, or provide for inadequate parking; or increase the danger of fire; or substantially affect or overburden existing drainage or sewerage systems; or otherwise endanger the public safety; or cause serious annoyance or injury to occupants or adjoining premises by reason of emission of odors, fumes, gases, dust, smoke, noise or vibration, light or glare, or other nuisances.

b.

Additionally, the board shall not grant approval of any variance unless it makes a further finding, as indicated in the record or the transcript of the hearing, that:

1.

Special conditions and circumstances exist that are peculiar to the land, structure, or building involved and that are not generally applicable to other lands, structures, or buildings in the same zoning district; and the special conditions and circumstances do not result from the intentional actions of the applicant or any other person who may have or had an interest in the property; and the strict adherence to the regulation for the property would result in a demonstrable hardship to the owner as distinguished from mere inconvenience; or

2.

Literal interpretation of the provisions of this article would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this article; and granting the variance requested will generally not confer on the applicant any special privilege that is denied by this article to other lands, structures, or buildings in the same district or similarly situated; and the purpose of the variance is not based exclusively upon a desire to serve the convenience or profit of the property owner or other interested party.

(Ord. No. 1428, § 20:303, 6-13-2011)

(a)

Generally.

(1)

Appellants. Appeals to the board of adjustments may be taken by any party aggrieved, or by any officer, department, board, commission, bureau or any other agency of the city, affected by a decision of the director of inspection and code enforcement or concerning application or interpretation of the provisions of the zoning regulations of article II of this chapter by the director. Applications for the herein permitted exceptions or variances may be filed by any aggrieved party.

(2)

Appellee.

a.

If the appeal is by an applicant who has been denied a permit or is seeking a variance, or who is otherwise appealing a decision, interpretation or action of denial by the director, the named appellee shall be the director.

b.

If the appeal is by an opponent challenging the granting of a permit or otherwise appealing a decision, interpretation or action of approval by the director, the party receiving the permit shall be named appellee and the director may be named as an additional appellee. Whether or not the director is named as an additional appellee, the director shall provide, in writing, at least three days in advance of the hearing of the appeal, an explanation for the granting of the permit or the approval granted.

(b)

Time. Such appeals or applications shall be made within 30 days following the decision of the director by filing with the board of adjustments the necessary appeal or application. The appellant shall forward to the director a copy of the appeal at the time of filing.

(c)

Form. All such appeals or applications made to the board shall be in writing, on forms prescribed by the board. All such appeals or applications will be filed with the city's office of code enforcement. Every appeal or application shall refer to the specific provision of the ordinance involved and shall exactly set forth the interpretation that is claimed and the details of the permitted exception sought, and/or the details of the permitted variance for which appellant or appellee is applying.

(d)

Jurisdictional determination. The city attorney, or his representative, may review any appeal or application and will advise whether any such appeal or application is within the jurisdiction of the board.

(e)

Hearing. Each application or appeal shall be assigned a case or docket number, and, within 60 and after the elapse of at least 15 days of the time of receipt of such application or appeal, the board shall conduct a hearing which shall be open to the public and at which all parties in interest and residents shall have an opportunity to be heard.

(f)

Notice.

(1)

Public. Except as otherwise provided, notice of the purpose or description of each case on the docket shall be published twice in the official journal of the city. At least two days shall elapse between the date of the last publication and the date of the hearing.

(2)

Administrative. Notice of the hearing and a copy of the application or appeal shall be served upon the director of inspection and code enforcement and any other appellee. Such notice shall be delivered to the appellee at least ten days prior to the hearing and shall be accompanied by any applicable requests for reports, recommendations, and/or advisory opinions. If the appellee is the director of inspection and code enforcement, actual notice to him is all that is required. If the appellee any other party, notice shall be served by certified mail, return receipt requested. The board of adjustments shall send notice of the hearing at least ten days prior to the hearing by certified mail to the applicant and to the owners of all immediately abutting property. All other property owners within a 100-foot radius from the perimeter of the subject property shall be sent notice of the hearing by regular mail. In addition to all other fees required by the board, the cost of the mailing shall be borne by the applicant.

(3)

Supplemental notice. In addition to the notice required by subsections (f)(1) and (2) of this section, a sign shall be provided by the board and posted by the applicant at least ten days prior to the hearing before the board. This supplemental notice shall not replace or supersede the notification requirements of subsections (f)(1) and (2) of this section. Whenever practical, the applicant shall post the sign within ten feet of a public street right-of-way and position it in a manner to best inform the traveling public without creating a safety hazard. The sign shall be of sufficient size, double-faced and posted so that the face of the sign is at a right angle to the street in order that said sign can be read by the traveling public in both directions. The applicant shall not remove the sign until the board takes final action. Failure to post the required notification sign within the required time shall result in a $100.00 fine, which shall be credited to the city's general fund.

(4)

Defective notice; validity. No denial by the board, of any application, petition or other matter before the board requiring notice shall be declared invalid by reason of any defect in any form of public or private notice if the applicant has received actual notice of the time, date and place of the hearing. No judgment granting an appeal shall be declared invalid by reason of any defect in:

a.

The publication of the notice of the purpose or subject matter and the time and place of the hearing if the published notice in subsection (f)(1) of this section or the mailed notice in subsection (f)(2) of this section gives reasonable notice of its purpose, subject matter, substance or intent; or

b.

The posting or display of the notification sign provided for in subsection (f)(3) of this section.

(g)

Stay of proceedings. An appeal shall stay all administrative proceedings in furtherance of the action appealed from, unless the director of inspection and code enforcement certifies to the board of adjustments, after the notice of appeal shall have been served upon him, by reason of facts stated in the certificate, that a stay would, in his opinion, cause imminent peril to life and property. In such cases, the proceedings shall not be stayed other than by a restraining order that may be granted by the board or by the Twenty-Fourth Judicial District Court for the parish on application to the board or to the district court, with notice to the director of inspection and code enforcement and on due cause shown thereon.

(Ord. No. 1428, § 20:304, 6-13-2011)

(a)

Rules of procedure. The board of adjustments shall adopt rules of procedure not in conflict with any state statute or parish or city ordinance.

(b)

Evidence. The chairperson or the acting chairperson may administer oaths and compel the attendance of witnesses whenever applicable. Any party may appear in person or by agent or by attorney. The board, however, shall not be bound by legal rules of evidence.

(c)

Meetings. Meetings of the board shall be held on call of the chairperson of the board or on call of a majority of the members of the board. All meetings of the board shall be open to the public. The director of inspection and code enforcement or his representative shall produce all papers, correspondence, and records requested by the board and shall be present at any meetings or hearings when requested by the board.

(d)

Minutes/record. The board shall keep minutes of the 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 action, 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 recorder for that purpose. 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 the said minutes and a true and correct record of all proceedings had at such meetings, both general and special, of the board, in a book or books to be kept especially for that purpose. Certified copies of the minutes of all such proceedings shall be furnished to the director of inspection and code enforcement.

(e)

Decision. The concurring vote of three members of the board shall be necessary to reverse any order, requirement, decision, or determination of the inspection and code enforcement director, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variance of such ordinance. The board may 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 office of the department of planning. In granting a variance, the board may attach thereto such conditions as it may deem advisable in furtherance of the purpose of this article.

(f)

Reasons for judgment. Every appeal, exception or variance granted or denied by the board shall be accompanied by written findings of fact, based upon testimony, evidence, or inspections by the board, and reasons for decision specifying the reason for granting or denying the said appeal, exception or variance or the board shall otherwise record in its minutes or tape recording of the hearing the pertinent and material facts and the reason upon which its decisions are based.

(g)

Cancellation and rescheduling of meetings.

(1)

A meeting of the board shall be canceled if a quorum is not present. A quorum shall consist of three members of the board.

(2)

During times of great public crisis, disaster, rioting, catastrophe, severe weather conditions or similar public emergency, the chairperson of the board may cancel a meeting of the board at which a public hearing is scheduled.

(3)

The public hearing for all cases on the docket of the board so cancelled shall be held at the next regularly scheduled public hearing of the board that is held.

(4)

Notice of the original hearing shall constitute notice of the rescheduled hearing. The chairperson may also disseminate notice of the cancellation and rescheduling through any available public information service during an emergency situation.

(Ord. No. 1428, § 20:305, 6-13-2011)

(a)

Any person or persons jointly or severally aggrieved by a decision of the board of adjustments, or any officer, department, commission, board, bureau, district, or any other agency of the city, may file a petition for a writ of certiorari or other appropriate legal proceedings to review said decision with the Twenty-Fourth Judicial District Court in and for the parish, setting forth the assertion that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition, duly verified by the relator, shall be presented to the court within a maximum time period of 30 days after the filing of the decision in the office of the board. Upon service of the petition for writ of certiorari, the board shall notify the court and the relator of all costs associated with the preparation of the record, including the written transcript of the hearing. Upon receipt of these costs from the relator, the board shall file with the court a certified copy of the proceedings before the board. The return shall concisely set forth all papers, documents, and photographs considered by the board, the judgment of the board and reasons therefor, and such other facts as may be pertinent and material to show the grounds of the board's decision.

(b)

Respondent.

(1)

If the application for a writ of certiorari or review is made by an applicant who has been denied a permit or denied a variance, or is otherwise appealing a decision, interpretation or action of denial by the director or the board, the director may be the respondent in the proceedings before the Twenty-Fourth Judicial District Court.

(2)

If the application for a writ of certiorari or review is made by an opponent challenging the granting of a permit, the approval of a variance by the board, or otherwise appealing a decision, interpretation or action of approval by the director or the board, the party receiving the permit or variance may be the respondent in the proceedings before the Twenty-Fourth Judicial District Court and the director may be an additional respondent if he is not otherwise joined in seeking a writ of certiorari or review.

(3)

If the application for a writ of certiorari or review is made by an applicant who was granted a permit or approval by the director but the actions of the director were reversed, wholly or partly, or the decision or determination of the director was otherwise modified by the board, the opponent successfully challenging the action before the board may be a respondent.

(4)

Any person or, except as otherwise provided herein, any officer, department, commission, board, bureau, district, or any other agency of the city who may be jointly or severally affected by judicial review of a decision of the board of adjustments, may be a respondent or may intervene in the proceedings.

(5)

The board shall not be named as a respondent or otherwise appear as a party to the litigation or judicial review of any judgment rendered by the board.

(c)

The court shall render a decision from the record of the board unless, following review of the board's record, it shall appear to the court that testimony is necessary for the proper disposition of the matter. The court may take 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 partly, or may modify the decision brought up for review. Costs shall not be assessed against the city unless it shall appear to the court that the actions of the board constitute criminal, fraudulent, malicious, intentional, willful, outrageous, reckless, or flagrant misconduct, pursuant to R.S. 9:2798.1.

(Ord. No. 1428, § 20:306, 6-13-2011)

At the time the notice of appeal to the board of adjustments is filed, a fee shall be paid to the building inspector according to the following schedule:

(1)

$100.00 per variance per lot for residential uses, not to exceed $2,000.00;

(2)

$150.00 per variance per lot for nonresidential uses, not to exceed $5,000.00;

(3)

All fees collected shall be credited to the city's general fund.

(Ord. No. 1428, § 20:307, 6-13-2011)

Members of the board of adjustments shall receive a fee per day for each day on which they may meet for serving as members of the board. The board shall not hold more than 26 meetings in any calendar year.

(Ord. No. 1428, § 20:308, 6-13-2011)

(a)

In the event of a natural disaster or other emergency as defined in R.S. 29:723(3), the city council may, by majority vote, allow the board of adjustments to exercise the following temporary emergency powers:

(1)

Allow exceptions to existing ordinances regarding manufactured and/or mobile homes to accommodate temporary shelters by application of landowners.

(2)

Allow exceptions to existing ordinances regarding residency or density of residency in order to accommodate temporary occupancy during times of damage assessment or rebuilding.

(3)

Allow exceptions to existing ordinances regarding time periods within which appeals may be brought or actions be taken.

(4)

Allow and designate areas for marshalling of personnel and equipment and for temporary deposition of trash and refuse.

(b)

The city council may allow the board to exercise the powers in subsection (a) of this section for a period of three months, after which they may vote to extend the board's authority under this provision for additional three month periods as they see fit.

(Ord. No. 1428, § 20:309, 6-13-2011)

Unless a court explicitly determines otherwise, if any section, subsection, paragraph, sentence, clause or phrase of this article shall, for any reason, be held to be unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this article, which will continue in full force and effect.

(Ord. No. 1428, § 20:310, 6-13-2011)