§ 14-7.1. Variances.

The board of standards and appeals, as established by the community, shall hear and render judgment on requests for variances from the requirements of this chapter.

(1)

Any applicant for a permit from the department of inspection and code enforcement required by this chapter whose application has been refused or revoked, or any person who has been ordered by the director in incurring any expense, or any person who feels that there are practical difficulties or unnecessary hardships involved in carrying out the strict letter of this chapter, or where it is alleged that there is an error in any order, requirement, decision, or any determination made by the director may, within fifteen (15) days after being notified of such refusal or order, appeal from the decision of the director to the board of standards and appeals by giving the director notice in writing that he does so appeal. Said notice shall be accompanied by a check in the amount indicated in chapter 8, Building Code Amendments of Jefferson Parish, "Schedule of Appeal Fees" payable to the Parish of Jefferson, which amounts is to be retained by the parish.

(2)

It shall be the duty of the board of standards and appeals to:

a.

Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the director in the enforcement of this chapter; and

b.

Hear and decide all matters referred to it or upon which it is required to pass under this chapter; and

c.

Pass upon appeals where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, to vary or modify the application of any of the regulations or provisions of this chapter relating to the construction or alteration of buildings or structures so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done; and

d.

Interpret the intent or meaning of this chapter and so advise the director and to recommend to the council such amendments or revisions which may be required to clarify the wording as well as recommend amendments or revisions as may be required from time to time to meet the changing condition.

(3)

Variances may be issued:

a.

In cases generally limited to construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, in conformance with:

i.

A showing of good and sufficient cause; and

ii.

A determination that failure to grant the variance would result in:

(a)

Increased flood heights; or

(b)

Additional threats to public safety; or

(c)

Extraordinary public expense; or

(d)

Create nuisances; or

(e)

Cause fraud on or victimization of the public; or

(f)

Conflict with existing local laws or ordinances.

b.

Only upon a determination that the variance is the minimum necessary, considering the flood hazard to affect relief and for other development necessary for the conduct of a functionally dependent use; and

c.

In situations which could result in an undue delay in construction when all of the above conditions have been met and the requested variance will not increase the cost of the flood insurance, the board may grant a variance.

(4)

In order to execute the above mentioned powers, the board of standards and appeals may reverse or affirm wholly or in part, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination of the director, or to decide in favor of the applicant on any matters on which it is required to pass under this chapter.

(5)

Decisions of the board of standards and appeals should state the variances or denials granted and conditions, if any, as they may require in such action. The decisions shall be filed in the department of inspection and code enforcement within ten (10) working days after the hearing and a certified copy sent to the applicant by certified mail. The director must abide in the actions taken by the board.

(6)

In those instances where a variance is granted, the appellate shall be given a written notice that a structure built with the lowest floor elevation below the BFE will then have the cost of flood insurance commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. No. 25457 , § 1, 11-15-17)