§ 20-10. Variances.

(a)

The parish council may approve a variance on an application so that substantial justice may be done and the general public interest preserved and secured; provided, however, that any variance shall not have the effect of nullifying the intent and purposes of these regulations; and further provided that the parish council shall not approve any variance unless it shall make findings in writing based upon the evidence presented to it in each specific case and include them as a part of the ordinance approving the subdivision, that;

(1)

The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property; and

(2)

The variance will not in any manner vary the provisions of the comprehensive zoning ordinance, probability growth model plans, street plans, parish official maps, or federal and state laws, rules and regulations relating to flood protection; and either

(3)

The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; or

(4)

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the letter of these regulations are carried out.

(b)

Where no new streets are to be created, an application proposing the subdivision of a single lot into two (2) or more lots in order to separate main structures, all of which were constructed prior to September 1, 1975 (the date of adoption of the comprehensive zoning ordinance), may be approved by the parish council provided:

(1)

Satisfactory evidence is submitted by the applicant showing the existence of the structures prior to September 1, 1975, including, but not limited to, documentation from the tax assessor and a cover letter thereto, and

(2)

The application involves only the separation of main structures, and

(3)

Proposed side lot lines comply, as nearly as possible, with this ordinance and the comprehensive zoning ordinance, and

(4)

There is compliance with the requirements of subsection (a) above.

(c)

In approving a variance, the parish council may require such conditions as will secure substantially the objectives of the standards and requirements of these regulations.

(d)

The request for a variance shall be submitted in writing by the owner/developer within fourteen (14) days following the date of receipt of the subdivision application by the department of planning, permits and zoning. The request shall state fully the grounds for the application and all of the facts relied upon by the owner/developer. The request shall be considered as part of the subdivision application.

(Ord. No. 96-41, § 2, 3-14-96; Ord. No. 96-80, § 3, 5-23-96; Ord. No. 99-159, § 3, 7-8-99)