§ 15-134. Board of appeal.  


Latest version.
  • (a)

    Creation, powers. There is hereby created a board of appeal to have and exercise the following powers:

    (1)

    Hear and decide appeals from any order, requirement, decision, or determination made by the parish council in the enforcement of this article;

    (2)

    Hear and decide special exceptions to the terms of this article upon which such board of appeal under such regulations may be required to pass;

    (3)

    Hear and decide specific variances.

    (b)

    Members, terms. The board of appeal shall consist of five members appointed by the president of the parish council and each shall serve for a term of three years and until his successor is duly appointed and qualified. Of the members first appointed, two shall be appointed for a term of three years, two for a term of two years, and one for a term of one year. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.

    (c)

    Rules, meetings. The board of appeal shall adopt rules for its governance and in harmony with the provisions of this article. Meetings of the board of appeal shall be held at the call of the chairperson and at such other times as the board of appeal may determine.

    (d)

    Hearing procedures, minutes. The chairperson, or in the absence of the chairperson, the acting chairperson may administer oaths and compel the attendance of witnesses. All hearings of the board of appeal shall be public. The board of appeal shall keep minutes of its proceedings showing the vote of each member upon each question; or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the secretary-treasurer and on due cause shown.

    (e)

    Findings of fact and conclusions. The board of appeal shall make written findings of facts and conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it, under the provisions of this article.

    (f)

    Voting. The concurring vote of a majority of the members of the board of appeal shall be sufficient to reverse any order, requirement, decision, or determination of the council to decide in favor of the applicant on any matter upon which it is required to pass under this article, or to effect variation to this article.

(Code 1969, § 2½-29)