§ 33:140.50.32 — Board of adjustment

Louisiana § 33:140.50.32

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§140.50.32. Board of adjustment
A.(1) The zoning ordinances shall provide for a board of adjustment composed of
five members. Two members shall be appointed by the town council, two members shall
be appointed by the policy jury, and one member shall be appointed jointly by the town
council and the police jury.
(2) All members of the board shall be residents and qualified voters of the
metropolitan area.
(3) Members shall serve four-year terms after initial terms as provided in this
Subsection. One member shall serve an initial term of one year, one member shall serve two
years, one member shall serve three years, and two members shall serve four years, as
determined by lot at the first meeting of the board of adjustment.
(4) Members shall be eligible for reappointment.
(5) Members shall serve without compensation.
(6) Vacancies resulting from the expiration of a term or any other reason shall be
filled for the remainder of the unexpired term in the manner of the original appointment.
B. The zoning ordinance may provide and specify general rules to govern the
organization and procedure of such board of adjustment, which rules shall not be inconsistent
with the provisions of this Subpart.
C.(1) The zoning ordinance may provide that the board of adjustment may permit
special exemptions to the zoning regulations in the classes of cases or situations and in
accordance with the principles, conditions, safeguards, and procedures specified in the
ordinance.
(2) The ordinance may also authorize the board of adjustment to interpret the zoning
maps and pass upon disputed questions of lot lines or district boundary lines or similar
questions as they arise in the administration of the zoning regulations.
(3) The ordinance may further authorize the board of adjustment to grant a variance
from the strict application of zoning regulations where other procedures for variance or
modification are not specified in the zoning ordinance.
D. Appeals to the board of adjustment may be taken by any person aggrieved or by
any officer, department, board or bureau of the town or parish affected by any grant or refusal
of a building permit or other act or decision of the building inspector or permit and zoning
clerk of the municipality or parish or other administrative official based in whole or in part
upon the provisions of any ordinance enacted under this Subpart.
E. The board of adjustment shall have the following powers:
(1) To hear and decide appeals where it is alleged by the appellant that there is error
in any order, requirement, permit, decision, or refusal made by the municipal building
commissioner or any other administrative official in the carrying-out or enforcement of any
provision of any ordinance enacted pursuant to this Subpart.
(2) To hear and decide, in accordance with the provisions of any such ordinance,
request for special exceptions or for interpretations of the map or for decisions upon other
special questions upon which such board is authorized by any such ordinance to pass.
(3) To hear and decide on requests for a variance from the strict application of the
zoning regulations where no other procedure for obtaining relief is specified in the ordinance
and where due to exceptional topographic conditions or other extraordinary and exceptional
characteristics of a specific piece of property, the strict application of regulations would
result in peculiar and exceptional or undue hardship upon the owner of such property,
provided such relief may be granted without substantial detriment to the public good and
without substantially impairing the intent and purpose of the zoning plan and zoning
ordinance.

Legislative History

Acts 2019, No. 75, §1.