4.6 Variances

4.6.A Purpose   

The purpose of the variance procedure is to afford an applicant relief from the requirements of the letter of this Ordinance when unnecessary hardship or practical difficulty exists. 

4.6.B Initiation   

Applications for zoning variances may be filed by a property owner in the city or other person expressly authorized in writing by the property owner. 

4.6.C Authority   

1. Variances are authorized by the Board of Zoning Adjustments in accordance with Article 2, Section 2.6, Louisiana Revised Statute 33:4780.46, and Section 5-408 of the City Charter.

2. The Board of Zoning Adjustments may grant a variance from any of the standards or regulations in this ordinance, except the following in items 3, 4 and 5:

3.  The development standards for conditional uses and planned developments, or any other matter designated by the City Council expressly within these zoning regulations, shall not be subject to variances by the Board of Zoning Adjustments. However, should there be a mix of permitted and conditional uses on the site, the development standards for the permitted use(s) shall be subject to variance by the Board of Zoning Adjustments. But the development standards for that use, portion of the use, or secondary use that triggers the conditional use or planned development, shall not be subject to variance by the Board of Zoning Adjustments.

4. The Board of Zoning Adjustments shall have no power to authorize uses in zoning districts which are not authorized in zoning district regulations.

5.  The variance process shall not be used to allow prohibited sign types, including billboards.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.6.D Procedure   

4.6.D.1 Submittal of Application   

All applications shall be filed with the Executive Director of the City Planning Commission in accordance with the requirements in Section 3.2. 

4.6.D.2 Pre-Application Meeting and Project Neighborhood Participation Program   

All applications for variances, with the exception of applications for variances involving a single-family or two-family dwelling, shall include a Project Neighborhood Participation Program (Project NPP).  During a time of declared emergency by the Governor or Mayor, when in-person meetings are not an available option, the City Planning Commission Director shall be authorized to require teleconferencing, virtual, or other remote meeting formats to satisfy NPP requirements.

a.  Applicants shall first meet with the staff of the City Planning Commission to become familiar with the procedure and approval standards for variances and to obtain guidance on the requirements of the Project NPP.

b.  The Project NPP shall include the following information:

i.  A brief description of the proposal, including estimated start and end dates, known needed variances and citations for each, and a development plan for the project.

ii.  An outlined area map and a contact list for notifying the individuals and entities identified in Section 3.3.

iii.  A general description of how parties on the contact list will receive information on the project, including a statement as to which public notification techniques will be used for the project.
iv.  A general description of how parties on the contact list will be informed of any changes or amendments to the proposed project after the applicant’s initial contact.

v. A statement as to how those impacted by the proposal will be provided an opportunity to discuss the request if issues or questions should continue or suddenly arise.

c.  The applicant shall provide the Project NPP and notice, including email notification to applicable registered neighborhood associations of an opportunity for interested parties to attend a meeting to discuss the proposed application not less than fourteen (14) nor more than thirty (30) days after the date on which the applicant provides notification to the parties on the contact list.  In addition, the applicant shall notify the Board of Zoning Adjustments of the meeting date, time, and location not less than fourteen (14) days prior to the meeting.  The applicant shall hold the meeting at the noticed time.  The applicant shall distribute informational handouts to meeting attendees.  The handouts shall include information about the applicable zoning district, registering with City notification system(s), accessing application documents, and NPP meeting summary reports.  For the purposes of this section, meetings may be held in a physical location that is in accordance with the Board of Zoning Adjustments Administrative Rules, Policies and Procedures.  The notice provided in accordance with this section shall include a brief description of the request and shall indicate the existing zoning classification of the subject property.

d.  The applicant shall submit a Project NPP report with the application. The report shall provide the following information:

i. The names of the individuals and entities that were notified and the total number of number of people that participated in the process. 

ii.  A list of the concerns, issues, and problems expressed by the participants.

iii. A statement as to how each concern, issue, and problem is addressed and how the applicant intends to continue to address them. If the concern, issue, or problem is not being addressed, the applicant should state the reasons.

iv.  Copies of letters, affidavits, meeting invitations, newsletters, publications, and petitions received in support of or in opposition to the proposed project, and any other materials pertaining to the notification process.

v.  The date, time, and location of all meetings held with interested parties, or a statement indicating the reasons if no meeting was held. No information pertaining to any meeting held more than one hundred eighty (180) days prior to the submittal of the application shall be accepted as part of the Project NPP report, except where subsequent meetings with interested parties have occurred within the one hundred eighty (180) days preceding the submittal of the Project NPP report.

vi.  A completed sign-in sheet that includes the names, addresses, and contact information for meeting attendees.

Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16

4.6.D.3 Action by the Board of Zoning Adjustments   

a.  The Board of Zoning Adjustments shall conduct a public hearing in accordance with Section 3.4 forty-five (45) days from the date the application is docketed. Notice for the public hearing is required in accordance with Section 3.3.

b.  Based upon the evidence presented at the public hearing, the Board of Zoning Adjustments shall evaluate the application against the standards in Paragraph F below.

c.  The Board of Zoning Adjustments may approve, approve with modifications, or deny the application within forty-five (45) days of the close of the public hearing.  The Board of Zoning Adjustments may also vote to defer action within City Charter required timeframes in cases where it discovers applicants have not submitted complete and accurate information, including but not limited to errors or omissions in following the Project NPP.  The failure to resolve a finding of incomplete or inaccurate information may be grounds for denial.

d.  The decision shall be filed in the office of the Board of Zoning Adjustments within ten (10) days of the vote. Within ten (10) days of the effective date of the decision, written notification of such action shall be mailed to the applicant, stating the action taken and including all conditions imposed and times established.

Adopted by Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16

4.6.E Conditions and Restrictions   

The Board of Zoning Adjustments 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. The terms of relief granted, including any conditions or restrictions, shall be specifically set forth in the approval.  Where those conditions or restrictions impose an on going obligation beyond the standard provisions or restrictions of the ordinance, those obligations shall be recorded in the appropriate mortgage or conveyance records.  Proof of recordation shall be submitted to the BZA staff, prior to the issuance of a building permit or certificate of occupancy (where no permit is required).

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.6.F Approval Standards   

The Board of Zoning Adjustments may authorize a variance only when the evidence presented supports a finding that each case indicates all of the following:

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

2.  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.

3.  The special conditions and circumstances do not result from the actions of the applicant or any other person who may have had an interest in the property.

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

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

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

7.  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).

8.  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.

9.  The proposed variance will not impair an adequate supply of light and air to adjacent property, increase substantially the congestion in the public street, increase the danger of fire, or endanger the public safety.

4.6.G Expiration of Approvals and Extension of Time   

1. 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. Unless otherwise prohibited, the Executive Director of the City Planning Commission may extend the time for expiration of a variance for a period not to exceed one (1) year upon a showing of good cause by the applicant. A request for extension shall be made in writing within the original period of validity. An extension for a period in excess of one (1) year may be granted only by the Board of Zoning Adjustments in accordance with number 2 below.

2. The holder of a variance may petition the Board of Zoning Adjustments for a longer extension of time not to exceed two (2) additional years. A request for extension shall be made in writing within the original period of validity. The Board shall hold a public hearing and decide whether to extend the time period. Notice for the public hearing is required in accordance with Article 3, Section 3.3. The applicant and the owner of record of the property shall be notified of a public hearing to be conducted by the Board of Zoning Adjustments. Following the public hearing, the Board shall render its decision whether to grant an extension of such period with good cause shown, subject to verification that the approval standards of Paragraph F above are still met.

Adopted by Ord. No. 29,126, §4, Aug. 12, 2022, Zoning Docket 16/22

4.6.H Appeals   

An aggrieved party may appeal the Board of Zoning Adjustments' decisions on variance applications to the Orleans Parish Civil District Court within thirty (30) days of the Board of Zoning Adjustments' decision.

4.6.Chart Variance Process