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PURPOSE
The purpose of the BZA is to provide a method for a person to request a variance from the required Zoning or related Ordinance, or to appeal a decision of the Director of Inspection and Code Enforcement. Some of the most commonly requested zoning variances are:
1. Garage/carport enclosures creating insufficient required front yard setback for legal off-street parking.
2. Placement of mechanical equipment (air conditioning, swimming pool equipment) in the side yard area creating insufficient required side yard setback.
3. Accessory structures exceeding the maximum allowance in height in the required rear yard area.
4. Fences in the front yard area having insufficient required front yard setbacks.
5. Carports in both the front yard and side yard areas having insufficient required front yard setbacks, insufficient side yard setbacks, and insufficient required sky clearance.
Applications for a variance should be based on some type of hardship. Economic reasons do not constitute a hardship.
BOARD MEMBERS
The Board of Zoning Adjustments is composed of seven members. Each Jefferson Parish Council member appoints one member. Board members are as follows:
Jacquelyn R. "Jackie" Madden, Chairwoman
representing John F. Young, Jr., Councilman-At-Large, Division A
Diann C. Amstutz, Vice-Chairwoman
representing Chris L. Roberts, Councilman District 1
Donald R. Bonewitz, Board Secretary
representing Elton M. Lagasse, Councilman District 2
Joyce Sherlock,
representing Louis J. Congemi, Councilman District 4
Timothy Valenti,
representing Cynthia Lee-Sheng, Councilwoman District 5
Eddie L. Shepherd,
representing Byron L. Lee, Councilman District 3
Timothy A. Porteous,
representing Thomas J. Capella, Councilman-At-Large, Division B
MEETINGS
BZA meetings are held every two weeks on Monday at 4:00 PM. They rotate from East Bank Council Chambers to the West Bank Council Chambers. The phone number of the ZAB to determine current schedule is 736-6023.
PROCEDURES TO APPLY FOR AN APPEAL
A person who wishes to request an appeal starts the process by applying to the Plan Review Office of the Department of Inspection and Code Enforcement, either on the East Bank, Yenni Building, 1221 Elmwood Park Blvd. In Room 101; or West Bank, 400 Maple Street, Harvey.
DETAILED INFORMATION ON ZAB
The following is a detailed description of the purposes, procedures and related legal aspects of the ZAB.
JEFFERSON PARISH
BOARD OF ZONING ADJUSTMENTS
The Board of Zoning Adjustments is mainly responsible for hearing and rendering a legal judgment on requests for zoning variances.
The Board of Zoning Adjustments Application form clearly states JEFFERSON PARISH NOTICE OF APPEAL TO THE BOARD OF ZONING ADJUSTMENTS FROM DECISION OF DIRECTOR OF INSPECTION & CODE ENFORCEMENT.
Therefore, the application process for a request begins with the Department of Inspection and Code Enforcement, Plan Review Section. There are two locations:
1) East Bank Inspection & Code Enforcement, Joseph S. Yenni Office Building, 1221 Elmwood Park Blvd., Suite 101, Jefferson, Louisiana 70123, main telephone number 736-6958.
2) West Bank Inspection & Code Enforcement, 400 Maple St., Harvey, Louisiana 70058, main telephone number 364-3513.
The Plan Reviewer completes the Board of Zoning Adjustments Application Form indicating the Articles & Sections of the Zoning Ordinance that the proposed building permit will violate unless a favorable variance is granted by the Board of Zoning Adjustments.
It currently takes approximately 3 weeks from the receipt of a completed application packet until the Board of Zoning Adjustments Public Hearing is held.
The application packet is distributed, explained and collected by Inspection & Code Enforcement, Plan Reviewers, and fees are paid to the Inspection & Code Enforcement, Cashier Section.
The packet contains an application instruction sheet, plot plan form, affidavit form, sample diagram indicating the appropriate neighboring property owners that are located within a 100 foot radius of the job site, and manufactured home petition affidavit form (when applicable).
In most cases, a building permit has been requested for one or more of the following:
1) An addition to an existing residence or commercial building.
2) Construction of a proposed new residence or commercial building.
3) Demolition of an existing residential or commercial building and re-construction of a new residential or commercial building on the same lot.
4) Construction of an accessory structure such as a fence, patio cover, carport, deck, garage, storage shed, etc., or replacement of an accessory structure that may be dilapidated.
5) Placement of a manufactured home on an empty lot.
6) Placement of mechanical equipment (such as air conditioning units, swimming pool heaters, filters or pumps).
After a Plan Reviewer determines that the plans are not in compliance with current Jefferson Parish Zoning laws such as parking requirements, height restrictions, front, rear or side yard setback requirements from property lines, and there is a reason why the applicant believes the plans can not be revised to meet the zoning laws, there is the option to file an appeal to the Board of Zoning Adjustments.
The Jefferson Parish Comprehensive Zoning Ordinances were created and adopted into law in 1958. Parish officials obviously understood that everything in life was not just black or white; there were some grey areas.
Some "lots-of-record" had obvious hardships that prevented the ability to comply with all zoning requirements and therefore prevented the ability to obtain a legal permit to build.
Therefore, the Board of Zoning Adjustments was created to provide an outlet for possible relief where a hardship (grey area) existed.
A hardship is the result of a lot being narrow, shallow, L-shaped, pie-shaped, a parallelogram, or whatever the case may be. If a lot falls into a hardship situation, the Board of Zoning Adjustments can hear the appellant's plea and either grant the appeal as requested, deny it outright, advise the appellant to withdraw the case for a revision in plans, or approve it with stipulations.
Once the Board of Zoning Adjustments staff satisfies all legal obligations and the Board of Zoning Adjustments renders a Judgment (original judgment is sent by first class mail to the appellant within 3-4 days after the Board of Zoning Adjustments' ruling), enforcement of the judgment is the responsibility of the Department of Inspection & Code Enforcement; both the Plan Review Section & the Building Inspection Section.
Since the Board of Zoning Adjustments is a Quasi-Judicial Board, anyone aggrieved by a decision of the Board has 30 days to appeal the decision to the 24th Judicial District Court. (There is no application packet or instructions available on the proper legal proceeding for such an appeal.)
When an appeal is filed with the 24th Judicial District Court, both the Assistant Parish Attorney, assigned to the Board of Zoning Adjustments, and the Board of Zoning Adjustments' Office, is sent notification by the Jefferson Parish Attorney's Office.
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