§ 7.2. Powers of the board.

7.201
(A)
The board shall hear and decide upon:

(1)

Appeals from alleged error in the zoning officer's decision;

(2)

Interpretation of the provisions of this ordinance;

(3)

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

(B)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the administrative officer. Appeals 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, after all transcript costs and all other costs of appeal are paid by the person or entity taking the appeal, the appellant.

Requests for re-hearing of an appeal shall not be granted by the board of adjustment unless the applicant has additional relevant evidence to present which was not presented at the first hearing. Only one request for a re-hearing shall be allowed.

(C)

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 of life or property. In such case proceedings shall not be stayed otherwise than by a restraining order that 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 is taken and on due cause shown.

(D)

For purpose of this section, the word "appeal" includes requests for variances and ordinance interpretations.

(E)

Any person requesting an appeal for a condition which is in violation at the time of filing of the appeal or which would become in violation during the pendency of the appeal if the appeal had not been filed, must deposit with the permit office the amount of $150.00. If the board rules against the applicant, the deposit shall be forfeited if the board specifically finds that the appeal was for a matter over which the board has no authority to act. If, in the opinion of the department of planning, department of permits, or city attorney, the board has no authority to act on the matter requested, the applicant shall be so notified in writing at the time of the application on a form to be provided by the planning officer and signed by the applicant. If the deposit is not forfeited, it shall be returned to the applicant within ten days after the board's decision on the matter.

7.202
(A)
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.

(B)

Standards for variations. The board of adjustment shall not vary the regulations of this ordinance, unless it shall make findings based upon the evidence presented to it in each specific case that each of the following standards is complied with:

(1)

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 a strict letter of regulations were not carried out.

(2)

The conditions upon which the petition for a variation is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification.

(3)

The alleged difficulty or hardship is caused by the ordinance and has not been created by any person presently having an interest in the property.

(4)

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

(5)

The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property value within the neighborhood.

(6)

The variation will not serve as a precedent which, in effect, will rewrite a provision of this ordinance.

(C)

The board of adjustment may impose such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards established in this subsection, to reduce or minimize the effect of such variations upon other property in the neighborhood and to better carry out the general intent of the ordinance.

7.203
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.

(Ord. No. 2000, 8-12-1986; Ord. No. 2043, 12-9-1986)

State law reference

Similar provisions, R.S. 33:4727.