These regulations shall be known and may be cited as the "Comprehensive Zoning Ordinance" of the City of Thibodaux in the State of Louisiana.

A.

Purpose. These zoning regulations as herein set forth have been prepared for the City of Thibodaux, Louisiana to safeguard the health, property and public welfare by controlling the design, location, use or occupancy of all buildings and structures through the regulated and orderly development of land and land uses within this jurisdiction.

B.

Authority. This Ordinance adopted pursuant to the Charter of the City of Thibodaux, and the provisions of Section 33:4721 et seq., Section 33:101 et seq., and Section 25:731 et seq. of the Louisiana statutes and the Constitution of the State of Louisiana in order to protect the health, safety and welfare of the City of Thibodaux, Louisiana.

C.

Commission provisions.

1.

Under the authority of the Louisiana R.S. 33:101 et seq. the City of Thibodaux maintains a municipal planning commission, to be known as the "Thibodaux Planning Commission" or "Planning Commission" herein, whose administrative provisions are found in section 22-6 of the City of Thibodaux Code of Ordinances.

2.

As per R.S. 33:4721 et seq. the municipal planning commission shall also serve as the municipal zoning commission, and shall have all of the powers conferred upon zoning commissions by law, and shall be known as the "Thibodaux Zoning Commission" or "Zoning Commission" herein. The provisions for the Zoning Commission are found in Chapter 2, Article 11 of the City of Thibodaux Code of Ordinances.

3.

There may be a Board of Adjustment, the membership, terms of office, and rights and duties of which shall be provided in R.S. 33:4727, as amended.

D.

Any reference or citation made in this Ordinance to any duly enacted statute of the United States of America or of the State of Louisiana; or any duly enacted ordinance of the Parish of Lafourche, the City of Thibodaux; or any regulation enacted or promulgated by any department, agency, bureau or other institution or subdivision of the United States of America, the State of Louisiana, the Parish of Lafourche or of the City of Thibodaux shall refer to the provisions of the cited or referenced statute, ordinance or regulation as of the date of the enactment of this Ordinance or as cited or referenced statute, ordinance or regulation may thereafter from time to time be amended, reenacted or re-designated.

E.

All ordinances or parts of ordinances in conflict herewith or incompatible with the provisions of this Ordinance are hereby repealed.

A.

These regulations shall apply to all the area located within the corporate limits of the City of Thibodaux. All developments shall meet minimum standards and requirements of these regulations, as amended. This Ordinance, or any amendment thereto, shall not affect the validity of any building permit lawfully issued prior to the effective date of the Ordinance, or any amendment thereto, provided that the permit is valid upon the effective date of the adoption of this Ordinance or any amendment thereto, that construction authorized by such permit has commenced prior to the effective date of the Ordinance, or any amendment thereto, and provided that construction has and does continue without interruption until development is completed.

B.

This Ordinance, or amendment thereto, shall not affect the validity of variances granted prior to the effective date of this Ordinance, or amendment thereto. Said variances shall remain in effect after the effective date of this Ordinance, and shall constitute variances to the applicable provisions of this Ordinance.

C.

The provisions of this Code shall apply to the construction, addition, alteration, moving, repair and use of any building, structure, parcel of land, fence or sign within the City, except work located primarily in a public way, public utility towers and poles and public utilities unless specifically mentioned in this Code.

D.

Where, in any case, different sections of this Code specify different requirements, the more restrictive shall govern. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

E.

In fulfilling these purposes, this Ordinance is intended to benefit the public as a whole and not any specific person or class of persons. Although, through the implementation, administration and enforcement of this Code, benefits and detriments will be enjoyed or suffered by specific individuals, such as merely a byproduct of the overall benefit to the whole community. Therefore, the City of Thibodaux, its officers, agents and employees shall have qualified immunity against unintentional breaches of the obligation of administration and enforcement imposed on the jurisdiction hereby.

A.

The boundaries of each zoning district are to be indicated upon the official zoning map as approved by the City Council of the City of Thibodaux. Said map and subsequent amendments thereto shall be considered as a part of this Code.

B.

Zoning map amendments are changes to portions of the zoning ordinance that address specific issues or requests. No changes of any nature shall be made in the official zoning map except in conformity with the procedures set forth in this Ordinance.

C.

If, in accordance with the provisions of this Ordinance and Title 33:4721—4732 of the Louisiana Revised Statutes of 1950, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall become effective in accordance with the provisions of Article V, Section 3(L) of the Thibodaux City Charter.

D.

The official zoning map shall be the digital version of the zoning map included and maintained on the City of Thibodaux website. The official zoning map shall be updated on the website, by the Public Works Department, after each zoning change is approved by the City Council.

(Ord. No. 2955, 12-5-17)

The Thibodaux City Council shall establish a schedule of fees, charges and expenses and a collection procedure for applications, building permits, certificates of zoning compliance, appeals and other matters pertaining to this Ordinance. A schedule of fees shall be posted in the office of the Zoning Administrator available and may be altered or amended only by the City Council. No action shall be taken on any application or appeal until all fees or expenses have been paid in full.

A.

Lawfully established buildings and uses, lighting, landscaping, parking, building setbacks, and other site features in existence at the time of the adoption of this Ordinance shall be permitted to lawfully continue subject to the provisions of Article IV, Nonconformities, and other provisions of this Ordinance applicable to nonconformity with the provisions of this Ordinance, provided that such continued use is not dangerous to life or community.

B.

All buildings or uses, both existing and new, and all parts thereof, shall be maintained. The owner or designated agent shall be responsible for the maintenance of buildings and parcels of land. To determine compliance with this section, the Zoning Administrator shall be permitted to order any structure or use to be inspected.

C.

Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this Code for new buildings and structures. Temporary buildings, structures, uses and other miscellaneous structures, sheds, canopies or fences used for the protection of the public shall be permitted to be erected, provided a permit received from the City of Thibodaux Permit Department for a limited time period. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.

D.

Illegal uses. Uses that are illegally established prior to the adoption of this Ordinance shall remain illegal.

If any section or provision of this Ordinance is declared invalid for any reason by a court of competent jurisdiction, the remaining herein shall not be affected.

Upon the effective date of this Ordinance, the pre-existing Appendix A Zoning Ordinance, and Chapter 18 Article VIII Town House Developments of the City of Thibodaux Code of Ordinances shall be repealed.

A.

The regulations, restrictions and boundaries set forth in this Ordinance may from time to time be amended, supplemented, changed or repealed; provided, however, that the legislative body shall not hold any public hearings or take any action until it has first referred the request to the municipal zoning commission. It shall be the duty of the zoning commission to recommend approval or rejection of any request for zoning amendments, modifications, supplements or changes thereto.

B.

When a proposed amendment affects the zoning classification of property, and in case a protest against such change is signed by the owners of 20 percent or more, either of the area of the lots included in such proposed changes, or of those immediately adjacent in the rear thereof, or of those directly opposite thereto from the street frontage of such opposite lots, then such amendments shall not become effective except by the favorable vote of three-fourths of the city council.

The petition for annexation shall set forth the appropriate city zoning, which shall be determined by adjacent zoning, the current and/or proposed use, and a determination by the Planning Commission or as to the appropriate zoning classification, before adoption of an annexation ordinance by the City Council of the City of Thibodaux.