§ 40-792. Powers of the board.

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

(1)

Decisions of the director of inspection and code enforcement or the planning director. 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 director of inspection and code enforcement or the planning director.

(2)

Exceptions. To grant an exception from the provisions of the Comprehensive Zoning Ordinance in the following instances:

a.

General.

1.

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

2.

Interpret the provisions of the Comprehensive Zoning Ordinance in such a way as to carry out the intent and purposes of the zoning plan, as shown upon the map fixing the several districts, where the street layout actually on the ground varies from the street layout as shown on the maps accompanying and made a part of this ordinance.

b.

Use exceptions. To permit the following specific use exceptions:

1.

To permit the use of land for public utility and railroad purposes; provided that the board shall find some compelling necessity for the use, and that any office, repair, storage, or garage uses are necessary to the main use, provided further that no such railroad use shall be permitted in R-3 or more restrictive districts.

2.

To permit manufactured homes or mobile homes on any premises in accordance with the provisions of Article XXXVIII, Manufactured Homes and Mobile Homes.

(3)

Variances. In accordance with standards, hereafter prescribed, to grant variances from the provisions of Chapter 40, Zoning, and Chapter 33, Unified Development Code, in the following instances or as specifically authorized elsewhere in this Code:

a.

Permit a variance in yard requirements, height restrictions of structures, or lot-area-per-family requirements of any district; if the variance is for a lot overlaid with OMNCD, the OMC shall have reviewed the specific variance requested and made a recommendation to the BZA in accordance with section 40-170(2)(d).

b.

Waive or reduce the parking and loading requirements in the R-3 Multiple-Family Residential, and all other less restrictive districts, however, appeals for parking requirement reductions where the required parking exceeds ten (10) spaces shall be limited to a maximum of ten (10) spaces or ten (10) percent of the required parking, whichever is greater, and shall be considered only if all parking spaces are standard size. The provisions of this paragraph are subject to section 40-481.

c.

Permit a variance to the use and placement of fill and to retaining wall requirements located in Article X, Old Metairie Neighborhood Conservation District, only when variance requests are submitted to the Old Metairie Commission (OMC) and the OMC has recommended approval of the variance.

d.

Permit a variance to the clear vision area regulations located in Article XXXV. Off-Street Parking, Loading, and Clear Vision Area Regulations in accordance with section 40-665 Clear vision area regulations.

e.

Permit a variance to the regulation of the following walls and surfaces:

1.

Exterior walls. A set of scaled drawings, including a dimensioned site plan and elevations of all exterior views noting the exterior wall materials proposed to be used and their dimensions, shall be submitted with the application for variance for the following:

i.

Exterior walls of one-, two-, three-, and four-family dwellings in accordance with section 40-46 of this Code.

ii.

Exterior walls of nonresidential buildings within the one-, two-, three-, and four-family residential districts in accordance with the applicable articles of this Code. For the purposes of this section, one-, two-, three-, and four-family residential zoning districts shall comprise the Suburban District (S-1), Single-Family Residential District (R-1A), Suburban Residential District (R-1B), the Rural Residential Districts (R-1C and R-1D), Two-Family Residential District (R-2), Three- and Four-Family Residential District (RR-3), and Townhouses (R-1TH).

2.

Vertical surfaces for structures housing recreational vehicles and recreational watercraft in accordance with section 40-661 of this Code.

f.

Permit a variance to the building line requirements located in Article XXXV, Off street parking, loading, and clear visions area regulation, section 40-661(g)(2), General requirements.

g.

Permit a variance to the building line requirements located in Article XXXV, Off Street Parking, Loading, and Clear Visions Area Regulation, section 40-661, General Requirements (g)(2).

h.

Permit a variance to the electronic variable message (EVM) sign regulations to allow one (1) attached EVM sign in place of a detached EVM sign.

i.

Permit a variance to the five (5) percent maximum driveway slope for applications involving the elevation of existing one- and two-family dwellings, including townhouses.

(4)

Additional conditions and restrictions. 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 variance or exception upon other property in the neighborhood, and to better carry out the general intent of this ordinance, including the following conditions and restrictions:

a.

Private garages. If the board of zoning adjustments grants a variance to the height of a private garage, the following criteria shall be met:

1.

The entire structure shall be set back from the side and rear lot lines an additional one (1) foot for every additional one (1) foot or fraction thereof in height over thirteen (13) feet but shall not exceed the minimum side or rear yard setback requirement of the principal structure, and in no case shall exceed nineteen (19) feet in height in a required yard; and

2.

The garage shall not contain a second or higher floor used as a place of habitation or a living room, kitchen, dining room, parlor, bedroom or library.

b.

Exterior wall materials.

1.

If the board of zoning adjustments grants a variance to the exterior wall materials of a one-, two-, three-, or four-family dwelling, prohibited materials shall occupy less than fifty (50) percent of the total surface area (excluding openings) of any single wall, as documented by the required drawings.

2.

If the board of zoning adjustments grants a variance to the exterior wall materials of a nonresidential building in a one-, two-, three-, or four-family residential district, all the following criteria shall be met:

i.

The exterior wall material shall have a durable finish lasting a minimum of twenty-five (25) years, as documented in the manufacturer's specifications and warranty;

ii.

The owner, tenant or their agent shall be responsible for maintaining the required landscaped areas in an attractive, healthy condition and kept free from debris;

iii.

For buildings within ten (10) feet of a rear or side lot line abutting a dwelling in a one-, two-, three-, or four-family residential district:

A.

The building shall not exceed nineteen (19) feet in height; and

B.

A continuous barrier a minimum height of seven (7) feet consisting of residentially compatible materials and/or vegetation shall be required at the property line. Vegetative screening shall be at least two (2) feet in height when planted and must be at least six (6) feet in height within two (2) years of planting and create a continuous opaque buffer.

iv.

An exterior all which fronts on and is within sixty (60) feet of a street right-of-way shall not have an uninterrupted expanse of more than twenty-five (25) feet where it fronts on the right-of-way. At least two (2) of the following features shall be employed to visually break up the wall:

A.

Horizontal changes in materials with at least one (1) residentially compatible material comprising twenty (20) percent of the total surface area of the wall.

B.

One (1) vertical feature such as a column, pilaster, or similar architectural element for every twenty (20) linear feet of wall or fraction thereof. Such features shall be of residentially compatible materials.

C.

Openings such as windows and doors that comprise at least twenty (20) percent of the total surface area of the wall.

D.

Landscaping that helps to visually break up the mass of large buildings and long walls. At least one (1) of the following options shall be employed:

1.

For every twenty (20) feet of wall length or fraction thereof, one (1) tree is provided. Each tree shall be planted in at least a twenty-five (25) square foot planting area adjacent to the wall and shall be landscaped with grass, ground cover, or other landscaping. Trees shall be a minimum of ten (10) feet in height with a two (2) inch caliper trunk measured at breast height when planted and must be at least sixteen (16) feet in height within two (2) years of planting.

2.

A continuous barrier with a minimum height of seven (7) feet consisting of residentially compatible materials and/or vegetation shall be required at the property line. Vegetative screening shall be at least two (2) feet in height when planted and must be at least six (6) feet in height within two (2) years of planting and create a continuous opaque buffer.

v.

For nonresidential buildings which are not within ten (10) feet of a rear or side lot line and are not within sixty (60) feet of a street right-of-way, the board of zoning adjustments may impose the above standards.

c.

Electronic variable message signs. If the board of zoning adjustments grants a variance to the electronic variable message (EVM) sign regulations all the following criteria shall be met:

1.

Sign area.

i.

For signs in the General Offices GO-1, Medical Service H-2, Business Core BC-1, and Neighborhood Commercial C-1 districts, the EVM portion of the sign shall comprise no more than twenty-five (25) square feet.

ii.

For signs in the Business Core BC-2 and less restrictive districts, including the Mixed-Use Corridor District, the EVM portion of the sign shall comprise no more than fifty (50) percent of the allowable attached sign area or one hundred (100) square feet, whichever is less.

2.

No detached signs shall be permitted for the site;

3.

The attached EVM sign shall meet all criteria listed in section 40-682(3) of this Code; and

4.

The attached EVM sign shall meet the criteria for residential proximity and dwell time for the district in which the sign is located.

d.

Driveways sloped greater than five (5) percent . If the board of zoning adjustments grants a variance to the five (5) percent maximum driveway slope, the following criteria shall be met:

1.

Parking prohibited . Required parking shall not be located on driveways constructed with a slope greater than five (5) percent.

2.

Maximum driveway slope on private property .

i.

Within the first eleven (11) feet of all property lines in common with the public right-of-way, the maximum driveway slope shall be sixteen (16) percent.

ii.

Beyond eleven (11) feet of all property lines in common with the public right-of-way, the maximum driveway slope shall be twenty (20) percent.

3.

Determination of slope . The parish department of public works shall determine, in the form of a letter, whether the proposed plan complies with the following requirements:

i.

The maximum driveway slope allowed on private property and the maximum slope allowed on public right-of-way, including the driveway and sidewalk area; and

ii.

Applicable standards of the Americans with Disabilities Act [ADA].

4.

Submittal requirements .

i.

The applicant shall request the determination from the department of public works and shall submit the written determination as part of the application to the board of zoning adjustments.

ii.

Upon request, applicants shall submit to the department of public works any materials or plans necessary to facilitate the determination, which may include a drainage plan.

iii.

To ensure structural integrity, all plans shall be signed and affixed with the seal of a state licensed engineer or architect.

(Ord. No. 20783, § 3(XXII(2)), 9-22-99; Ord. No. 21734, § 21, 12-11-02; Ord. No. 22670, § 14, 1-11-06; Ord. No. 23201, § 3, 12-12-07; Ord. No. 23330, § XL, 6-11-08; Ord. No. 23776, § 2, 3-24-10; Ord. No. 23816, § 3, 5-26-10; Ord. No. 23881, § 14, 9-22-10; Ord. No. 23898, § 7, 10-13-10; Ord. No. 24169, § VII, 12-7-11; Ord. No. 24240, § X, 3-28-12; Ord. No. 24364, § LIII, 11-7-12; Ord. No. 24823 , § XXIX, 9-17-14; ; Ord. No. 24860 , § 8, 11-5-14; Ord. No. 24989 , § XV, 8-12-15; Ord. No. 25405 , § 92, 8-9-17)