Any person desiring to erect or increase the height of any structure, or permit the
growth of any tree, or use property, not in accordance with the regulations prescribed
in this article, may apply to the board of zoning adjustment for a variance from such
regulations. The application for variance shall be accompanied by a determination
from the Federal Aviation Administration as to the effect of the proposal on the operation
of air navigation facilities and the safe, efficient use of navigable airspace. Such
variances shall be allowed where it is duly found that a literal application or enforcement
of the regulations will result in unnecessary hardship and relief granted, will not
be contrary to the public interest, will not create a hazard to air navigation, will
do substantial justice, and will be in accordance with the spirit of this article.
Additionally, no application for variance to the requirements of this article may
be considered by the board of zoning adjustment unless a copy of the application has
been furnished to the director of aviation, New Orleans Lakefront Airport, for advice
as to the aeronautical effects of the variance. If the director of aviation does not
respond to the application within 15 days after receipt, the board of zoning adjustment
may act on its own to grant or deny such application.
(Code 1956, § 4-47(4))
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