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Thibodaux City Zoning Code

ARTICLE II

- DEFINITIONS AND RULES OF INTERPRETATION

Sec. 201. - Rules of interpretation.

The following rules of interpretation shall apply to the text of this Zoning Ordinance:

A.

The particular controls the general.

B.

In the case of any difference in the meaning or implication between the text of this Zoning Ordinance and any caption or illustration, the text controls.

C.

"Shall" is always mandatory and not discriminatory, and the word "may" is permissive.

D.

Words used in the present tense include the future; and words used in the singular include the plural, and the plural the singular, unless the context clearly states the contrary.

E.

A "building" or "structure" includes any part thereof.

F.

The words "used or occupied" include the words "intended, designed, or arranged to be used or occupied."

G.

The word "lot" includes the words "plot or parcel".

H.

"Person" includes an individual, firm, incorporated association, corporation, partnership, trust, company or any other similar entity.

I.

Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and" or "or", the following shall apply:

1.

"And" indicates that all the connected items, conditions, provisions or events shall apply.

2.

"Or" indicates that the connected items, conditions, provisions or events may apply singularly or in any combination.

J.

Terms not defined in this Ordinance have the meaning customarily assigned to them, or a meaning to be assigned by the Zoning Administrator of the City of Thibodaux.

Sec. 202. - Definitions.

For the purpose of these regulations, these terms and words are hereby defined:

Abandonment (also see Discontinuance): The cessation of the use of a property or of a particular use for at least eighteen (18) months, or a sign that remains without bona fide advertising or which is located on a property that becomes vacant or unoccupied for more than eighteen (18) months.

Accessory Dwelling Unit: A self-contained residential unit, considered subordinate to the principal use, and built on the same lot as an existing single-family home.

Accessory Structure: A building or structure attached or detached from, but located on the same lot as, the principal structure and the use of which is clearly incidental and subordinate to the principal structure.

Accessory Use: A use that is customarily incidental and subordinate to the principal use, and which is located on the same lot as the principle use.

Addition (also see Enlargement): Any construction that increases the size of a building or structure in terms of site coverage, height, length, width or floor area.

Adult Use: Any business as defined by Louisiana Revised Statute (R.S.) 14:106A, including adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult live entertainment businesses, adult nightclubs or massage businesses. These uses are further defined in R.S. 14:106 and Section 803.A of this Ordinance. However, those massage businesses where all employees associated with massage meet the ethical and educational requirements specified by the American Massage Therapy Association, or equivalent national or state standards, are exempt from this definition.

Agriculture: Land on which crops are grown and/or livestock are raised for sale, commercial use, personal food production, donation, or educational purposes.

Airport: Facilities for the takeoff and landing of aircraft, including runways, aircraft storage buildings, helicopter pads, air traffic control facilities, informational facilities and devices, terminal buildings, airport-related uses; and airport auxiliary facilities, including fences, lighting and antennae systems, on-premise signs, driveways, and access roads. This term includes aircraft maintenance facilities, aviation instruction facilities, and heliports when part of a larger airport facility.

Alcohol Beverage Sales: The sale of beer, wine, or other alcoholic beverages for on- or off-premise consumption.

Alcohol Beverage Sales, Off-Premise: The retail sale of alcoholic beverages in the original manufacturer sealed and labeled container in a business such as a grocery store, convenience store or liquor store for consumption off-site.

Alcohol Beverage Sales, On-Premise: The sale of beer, wine, or other alcoholic beverages as the primary activity (e.g. bars, taverns, etc.) or as an incidental or secondary activity to another primary business activity (e.g. full-service restaurants, hotels, banquet halls) for consumption on-site.

Alteration: Any change, addition or modification in construction, use or occupancy.

Applicant: Any person, firm or corporation requesting approval of any land-use, development or improvement application, or similar entitlement regulated by the City of Thibodaux Municipal Code.

Application: The completed form(s) and all accompanying documents, exhibits and fees required of an applicant by the applicable department, board or commission of the City of Thibodaux for development review, approval or permitting process.

Art Gallery: An establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art. This clarification does not include libraries, museums, or non-commercial art galleries.

Arts Studio: An educational facility where classes in the various arts (e.g. dance, painting, sculpting, singing) are taught to four or more persons at a time.

Automobile/Vehicle Dealership: An establishment that sells or leases new or used, functional automobiles, trucks, vans, trailers, recreational vehicles, boats, motorcycles or other motorized transportation vehicles. An automobile/vehicle dealership may contain an inventory of the vehicles for sale or lease either on-site or at a nearby location, and may provide on-site facilities for the repair and service of the vehicles sold or leased by the dealership.

Automobile Rental/Leasing Establishment: Rental of automobiles, light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies, moving vehicle rental, and taxi cab dispatch areas.

Automotive Repair, Major: An establishment primarily engaging in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender, and major engine and engine part overhaul, which is conducted within a completely enclosed building.

Automotive Repair, Minor: An establishment primarily engaging in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, and transmission work, which is conducted within a completely enclosed building.

Awning: A roof-like cover, often of fabric, metal or glass, designed and intended for protection from the weather or a decorative embellishment, and that projects from a wall or roof of a structure over a window, walk or door.

Bar: An establishment serving alcoholic beverages in which the principal business is the sale of such beverages for consumption on the premises. Snack food or other prepared food may be available for consumption on the premises as an accessory use only. No sales of alcohol for off-premise consumption are permitted. A bar may include a microbrewery on-site as an accessory use only.

Base Flood Elevation: The elevation, expressed in feet above mean sea level, to which flooding has a one percent (1%) chance of equaling or exceeding that level in any given year.

Batture: The land between the roadway and the high water line of Bayou Lafourche.

Bed and Breakfast: An owner- or operator-occupied residential structure that provides up to six (6) sleeping rooms for overnight paid occupancy for a period not to exceed fourteen (14) days. Common bathroom facilities may be provided rather than private bathrooms for each room, however no cooking facilities are permitted in individual rooms.

Bioswale: Landscape elements designed to remove silt and pollution from stormwater runoff by collecting stormwater into a treatment area that consists of a grass buffer strip, sand bed, ponding area, organic layer or mulch layer, planting soil, and plants for exfiltration into the underlying soils.

Block: A parcel of land within a subdivision or development, which is bounded by streets or bounded by streets and the exterior boundary of the subdivision. For this definition, an alley is not considered a street but part of the block.

Blockface: The portion of a block or tract of land facing the same side of a single street and lying between the closest intersecting streets.

Board of Adjustment: The term "Board of Adjustment" shall mean the Thibodaux Board of Adjustment created under R.S. 33:4727 et seq., which shall have the powers provided for by Louisiana law to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an Zoning Administrator; and to grant variances where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this Ordinance and as may be provided for in this Appendix A Zoning of the City of Thibodaux Code of Ordinances.

Buffer: An area established in order to protect and separate one land use from another, which may include landscaping, fencing or other buffering materials.

Buildable Area: The area of a lot remaining after the minimum yard and open space requirements of the Zoning Ordinance have been met.

Building: Any structure, either temporary or permanent, having a roof and designed, intended or used for the sheltering or protection of persons, animals, chattels, or property of any kind.

Building Frontage: The linear dimension of the façade of a building that abuts the required front yard as stipulated in this Ordinance. A corner building is permitted to use the secondary façade to determine building frontage.

Bunk House: Housing for employees of an isolated industrial, mining, highway, utilities or agricultural use where those employees occupy the housing on a seasonal basis not more than six months per year. This development may occur on a single parcel or multiple parcels.

Campus: The grounds and buildings of an institution, especially a college or other institution of learning, a hospital, or a corporation whose boundaries are contiguous.

Canopy: An awning or similar structure.

Car Wash: A commercial establishment engaged in the washing and cleaning of passenger vehicles, recreational vehicles or other light dirty equipment, whether automatic in an enclosed structure or by hand.

Cargo Terminal: A transportation facility in which quantities of goods or container cargo are stored without undergoing any manufacturing processes, transferred to other carriers, or stored outdoors in order to transfer them to other locations.

Carport: An accessory structure consisting of a canopy or shed attached or adjacent to the main structure and open on two (2) or more sides for the purpose of providing shelter for one (1) or more vehicles.

Cemetery: Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, necessary sales, and maintenance facilities. Funeral homes and mortuaries shall be included when operated within the boundary of such cemetery.

Church (also see House of Worship): A building where persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain religious expression, together with all accessory buildings and uses customarily associated with such primary purpose.

City Engineer: A registered professional engineer appointed by the Mayor of the City of Thibodaux.

City Council: The chief legislative body of the City of Thibodaux, La.

Clubhouse: The principal building associated with a golf course, tennis club, or similar recreational facility that typically contains the pro shop, administrative offices, exercise facilities and locker rooms, golf cart storage and maintenance, and may also contain food and beverage services, including public meeting and banquet rooms and related facilities.

Columbarium: An accessory structure or building and substantially exposed above ground, intended to be used for the interment of the cremated remains of deceased persons or animals. Columbaria shall be considered accessory uses to cemeteries or houses of worship.

Commercial/Large Scale Solar Systems: Ground mount solar energy systems that are designed for providing energy to off-site uses or export to the wholesale market.

Community Center: A facility to be used as a place of meeting, recreation, adult training or social activity, and not operated for profit, which is open to the community and designed to accommodate the surrounding neighborhood or the larger community.

Community Garden: Neighborhood-based developments that provide space for community members to grow plants for beautification, education, recreation, community distribution or person use. These sites shall be owned and managed by public or civic entities, non-profit organizations, or other community-based organizations that are responsible for maintenance and operations.

Construction: Any act or process that requires a building permit and that adds an addition onto an existing building or erects a new principal or accessory structure on a lot which is subject to design standards for the district in which the property is located.

Construction, Commencement: The physical improvement of land in accordance with a permit issued by the Zoning Administrator of the City of Thibodaux, such as the pouring of slabs or footings or any work beyond the stage of excavation or the first permanent framing or assembly of the structure or any part thereof on its piling or foundation when a structure is without a basement or poured footings.

Construction, Substantial Completion: The date at which the work or building project, or a designated portion of the work or building project is sufficiently complete, in accordance with the construction contract documents, so that the owner may use or occupy the work or building project, or designated portion thereof, for the intended use for which it is originally designed and intended for. This would include the completion of all life safety systems, a weather-tight envelope, and adequate protection of building occupants and or equipment from hazards posed by additional or possible construction activities or other potential harmful conditions that may exist or become evident during the final work effort to complete the project per the construction contract documents. From this date a number of other provisions may be started such as warranty, guaranties and liabilities.

Contractor Storage Yard: Any land or buildings used primarily for the storage of equipment, vehicles, machinery, or other building materials or construction contractor in the conduct of any building trade or craft.

Correctional Facility: A public- or privately-operated facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include adult detention centers, juvenile delinquency centers, jails or prisons.

Country Club: A club organized and operated primarily for social and outdoor recreation purposes, including incidental accessory uses and structures.

Crematorium: An accessory use within a cemetery or mortuary containing properly installed, certified apparatus intended for use in the act of cremation.

Daiquiri Shop: An establishment serving alcoholic beverages in which the principal business is the sale of such beverages for consumption on and off premises. Snack food or other prepared food may be available for consumption on the premises as an accessory use only.

Day Care Center, Adult: A facility where, for a portion of a twenty-four (24) hour day, functionally-impaired adults that are not related to the owner or operator of the facility are supervised or participate in a training program. This excludes alcohol and drug abuse clientele, former inmates of prisons or correctional institutions or former patients of mental institutions who have been found not guilty by reason of insanity. An adult day care center does not include adult day care homes.

A.

Day Care Center, Small: Up to fifteen (15) adults.

B.

Day Care Center, Large: Sixteen (16) to fifty (50) adults.

C.

Day Care Center, Commercial: Fifty-one (51) or more adults.

Day Care Center, Child: A facility where, for a portion of a twenty-four (24) hour day, supervision and guidance of children that are not related to the owner or operator of the facility is provided on a regular basis. A child day care center does not include a child day care home.

A.

Day Care Center, Small: Up to fifteen (15) children.

B.

Day Care Center, Large: Sixteen (16) to fifty (50) children.

C.

Day Care Center, Commercial: Fifty-one (51) or more children.

Day Care Home, Adult: A private home in which a permanent occupant provides care for the elderly and/or functionally impaired adults in a protective setting for less than twenty-four (24) hours per day. This excludes alcohol and drug abuse clientele, former inmates of prisons or correctional institutions or former patients of mental institutions who have been found not guilty by reason of insanity.

A.

Day Care Home, Small: Up to five (5) adults.

B.

Day Care Home, Large: Six (6) to twelve (12) adults.

Day Care Home, Child: A private home in which a permanent occupant provides care for children from outside households in a protective setting for less than twenty-four (24) hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of twelve (12). A child day care home does not include homes that receive children from a single household.

A.

Day Care Home, Small: Up to five (5) children.

B.

Day Care Home, Large: Six (6) twelve (12) children.

Dedicate/Dedication: The intentional appropriation or conveyance of land or an interest in land by the property owner to the City for public use.

Designee: Person or persons designated by the Mayor and/or department head to check, review and comment on all submissions regarding their nonconformance to these regulations.

Development Plan: A generalized plan that becomes part of the zoning for a property. The plan depicts site characteristics and development information and provides guidance for site plans.

Diameter Breast Height (DBH): The diameter of a tree trunk or the cumulative diameter of multiple trunks measured four and one-half feet (4.5') above natural grade.

Discontinuance (also see Abandonment): The cessation of the use of a property or of a particular use for at least eighteen (18) months, or a sign that remains without bona fide advertising or which is located on a property that becomes vacant or unoccupied for more than eighteen (18) months.

Dormitory/Residence Hall: A building owned by, leased by or operated by another party on behalf of a college or university, school, medical facility or other entity that is used to provide housing, lodging and/or sleeping and residential quarters for large or small numbers of people such as students, patient families and friends or others who are enrolled in, admitted to or in some way associated with the college or university, school, medical facility or other entity.

Dripline: A collective term for all of the vertical lines from the earth to the outermost tips of the crown of the tree. These lines will completely encircle the tree and thereby define its outermost reaches.

Driveway: A private access way, not classified as a street, road or highway, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.

Dwelling: Any structure or portion thereof, which is designed or used for residential purposes.

Dwelling, Multi-family: A building or portion thereof designed for occupancy by three (3) or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent.

Dwelling, Single-family: An individual dwelling unit in a structure, which is not physically connected with any other dwelling unit.

Dwelling, Townhouse: A building on its own separate lot of record containing one (1) dwelling unit that occupies space from the ground to the roof, and that is attached to one (1) or more other townhouse dwelling units by at least one (1) common wall.

Dwelling, Two-family: A building designed or occupied by two (2) families living independently, with the structure having only two (2) dwelling units.

Dwelling Unit: One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units that may be in the same structure, and containing independent cooking and sleeping facilities.

Eave: The projecting sides of a roof overhanging the wall of a building.

Enlargement (also see Addition): Any construction that increases the size of a building or structure in terms of site coverage, height, length, width or floor area.

Educational Facilities (also see Schools): Any building or part thereof that is designed, constructed, or used for education or instruction in any branch of knowledge.

Educational Facility, College/University: A post-secondary institution for higher learning that grants associate or bachelor degrees. The institution may also have research facilities and/or professional schools that grant master and doctoral degrees. This also includes post-secondary theological schools for training ministers, priests or rabbis.

Educational Facility, Elementary: A public, private or parochial school offering instruction at the elementary, middle and/or junior high school level. Religious facilities with elementary educational facilities shall be considered educational facilities, elementary.

Educational Facility, Secondary: A public, private or parochial school offering instruction at the senior high school level. This also includes secondary schools for training ministers, priests or rabbis. Religious facilities with secondary educational facilities shall be classified as educational facilities, secondary.

Educational Facility, Vocational School: A school established to provide for the teaching of industrial, clerical, computer, managerial, automotive, repair (electrical, plumbing, carpentry, etc.) or artistic skills; or a school conducted as a commercial or non-profit enterprise, such as a driving school, an adult training facility, or school for General Education Development. This definition applies to schools that are owned and operated privately and that do not offer a complete educational curriculum. Vocational educational facilities do not include university educational facilities.

Elderly Housing: A facility consisting of three (3) or more dwelling units, the occupancy of which is limited to persons sixty (60) years of age or older. The facility may also include medical facilities or care.

Elderly Housing, Assisted Living: A model of senior housing that provides a combination of residential quarters, supportive services, personalized assistance, 24-hour supervision, and health care. These facilities generally provide basic services such as laundry, light housekeeping, communal meals, and health related services in an independent residential environment.

Elderly Housing, Continuing Care Community: Housing planned and operated to provide a continuum of accommodations and services for seniors including, but not limited to, independent living, congregate housing, assisted living, and skilled nursing care.

Elderly Housing, Nursing Home: A facility designed and intended to provide nursing service on a continuing basis to persons, the majority of whom require such service under trained professional nurses or physicians, and for whom medical records are maintained. The term "nursing home" shall include post-operative convalescent centers but shall not include any facility used for providing service to any inmate of any prison or other correctional institution.

Elderly Housing, Retirement Housing: A residential complex containing multi-family dwellings designed for and principally occupied by senior citizens. Such facilities may include a congregate meals program in a common dining area, but excludes institutional care such as medical or nursing care and are distinguished from assisted living centers as elsewhere defined.

Emergency Services: Publicly-owned safety and emergency services, such as, but not limited to, fire stations, police stations, and emergency medical and ambulance service. Emergency medical services shall not include in-patient or out-patient medical treatment facilities.

Encroachment: The extension or placement of any structure or component of a structure into a required yard, setback, street right-of-way, or floodplain/floodway.

Façade: The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

Family: One (1) or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five (5) persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.

Family Violence Shelter (see also Residential Care Center): A program or facility that provides comprehensive residential and/or non-residential services to victims of family violence. A family violence shelter must be licensed by an agency of the State of Louisiana as such, and shall be operated by an entity that is similarly licensed by the State of Louisiana.

Farm Equipment Sales and Service: Establishments selling, renting, or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching.

Farmer's Market: The seasonal selling or offering for sale at retail of vegetables or produce, flowers, orchard products, and animal agricultural products, occurring in a pre-designated area, where the vendors are individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale. (Includes vendors selling non-agricultural products as well.)

Fence: An artificially constructed barrier of wood, masonry, stone, wire, ornamental iron or other material erected to enclose, screen or separate uses.

Financial Institution: A bank, savings and loan, credit union, or automated teller machine (ATM).

Flood Insurance Rate Map (FIRM): The official map adopted by the City of Thibodaux, on which the Administrator of the National Flood Insurance Program (NFIP) has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

Floodplain: The special flood hazard lands adjoining a watercourse, whose surface elevation is lower than the base flood elevation, that are subject to periodic inundation during floods.

Floodway: The channel of a river, bayou or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point determined by FEMA.

Floor Area: The sum of the gross horizontal areas of several floors of the main building of which all dimensions shall be measured between exterior faces of the walls. This will also include all outdoor gathering areas including, but not limited to, patios, decks, and pergolas, of which dimensions shall be measured end to end.

Force Majeure: An extraordinary interruption (such as a flood, fire or earthquake) of the usual course of events that experience, prescience, or care cannot reasonably foresee or prevent.

Fraternity/Sorority House: A structure used as group living quarters for students of a college, university, or seminary, who are members of a fraternity/sorority that has been officially recognized by the college, university, or seminary.

Frontage: The length of the property line of any one premise along a street on which it abuts.

Funeral Home (also see Mortuary): An establishment in which the dead are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings, and/or display of funeral equipment.

Garage: A structure that is an accessory use to a dwelling unit that is used for the parking and storage of vehicles owned and operated by the residents thereof, and is not a separate commercial enterprise available to the general public.

Gas Station: A business where flammable or combustible liquids or gases used as fuel for motor vehicles are stored and dispersed from fixed equipment into the tanks of motor vehicles. Accessory activities shall be permitted to include automotive repair and maintenance, car wash service, food sales, and alcohol sales in districts where allowed as a permitted or special exception use. Uses permissible at a gas station do not include major mechanical or bodywork customarily done in an automotive repair facility.

Golf Course: A tract of land laid out with a least nine (9) holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms, driving range, and shelters as accessory uses.

Government Facility: A building or structure owned, operated or occupied by a governmental agency to provide a governmental service to the public, and shall include public works and public safety facilities.

Grade: The average level of the surface of the ground adjacent to the exterior walls of a building.

Grade, Finished: The final elevation of the average ground surface adjoining a building at all exterior walls after man-made alterations, such as grading, grubbing, filling or excavating.

Grade, Natural: The existing grade or elevation of the ground surface that exists or existed prior to man-made alterations, such as grading, grubbing, filling or excavating.

Green Roof: A roof of a structure covered or planted with vegetation and layers of soil to support the vegetation, designed to minimize impacts on the environment, reduce pollution and stormwater runoff, and to improve the thermal efficiency of the roof to conserve energy and reduce energy costs.

Group Home or Community Home: A single-family residential structure, licensed by the State of Louisiana, designed or adapted for occupancy by unrelated developmentally disabled persons, not including alcohol and drug abuse clientele, former inmates of prisons or correctional institutions, or former patients of mental illness institutions who have been found not guilty of a criminal charge by reasons of insanity shall be excluded as occupants.

Group or Community Home (Small): A small, residential facility located within a community, designed to serve children or adults with chronic disabilities. Small group homes may have six (6) or fewer occupants who are mentally, physically or developmentally disabled, and one or more resident counselors/trained caregivers on staff twenty-four (24) hours a day. A small group home must be licensed by an agency of the State of Louisiana, the political subdivision, and/or a state-licensed child placement agency, as a group home, receiving home, or similar care facility.

Group or Community Home (Large): A residential facility located within a community, designed to serve children or adults with chronic disabilities. Large group homes may have twelve (12) or fewer occupants who are mentally, physically or developmentally disabled, and two (2) or more resident counselors/trained caregivers on staff twenty-four (24) hours a day. A large group home must be licensed by an agency of the State of Louisiana and/or a state-licensed child placement agency, as a group home, receiving home, or similar care facility.

Halfway House, Penal (see also Rehabilitative Care Center): A licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. A halfway house must be licensed by an agency of the State of Louisiana as a halfway house or similar facility, and shall be operated by an entity that is similarly licensed by the State of Louisiana.

Hazardous Waste: A waste, or combination of wastes, regulated by Title 33, Part V of the Louisiana Environmental Regulatory Code (LAC 33.V), which because of its quantity, concentration, or physical, chemical or infectious characteristics may do either of the following: (1) cause or significantly contribute to an increase in mortality or increase or serious irreversible or incapacitating reversible illness; (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of or otherwise managed.

Hazardous Waste Disposal Facility: All structures, appurtenances and improvements on the land used for treatment, storage or disposing of hazardous waste, including all operations or storing areas, diked overflows, or emergency spillway areas. A hazardous waste disposal facility may consist of several treatment, storage or disposal operational units; it includes all areas where hazardous waste may be received, stored, handled or processed.

Hazardous Waste Incinerator: An enclosed device using controlled flame combustion, where the primary purpose of which is to thermally break down hazardous waste.

Hazardous Waste Processing Facility: Any commercial facility, as defined by LAC 33.V§106, that treats or stores hazardous waste generated on properties other than those on which the processing facilities are located.

Hazardous Waste Storage: Any environmentally sound facility used to store hazardous waste for a temporary period as regulated by LAC 33.V.

Hazardous Waste Treatment: The physical, chemical or biological processing of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume.

Heavy Sales, Rental and Service: This use includes retail, rental and/or service establishments that have permanent outdoor service or storage yards, or partially enclosed structures including, but not limited to, large-scale home improvement centers with outdoor storage and rental components, lumberyards, playground equipment sales and rental, truck repair establishments, and uses with permanent outdoor service or storage areas for heavy equipment such as truck rental establishments, large-scale moving centers, and temporary storage container facilities.

Height: The vertical distance of a structure measured from the average elevation of the finished grade to the roofline. No height limitation in this Ordinance shall apply to any of the following structures: silos, barns and other agricultural structures; church spires; cupolas; domes; monuments; water towers; smoke stacks; derricks; flag poles; masts; solar energy facilities; air conditioning equipment; elevator penthouses and similar structures required to be placed above the roof level and not intended for human occupancy.

Home Occupation: A business, profession, occupation or trade conducted within the principle structure of a residential use by a resident of the dwelling which is incidental and secondary to the residential use of the dwelling, does not change the essentially residential character of the use, and which complies with the requirements of Section 803.F (Home Occupations).

Hospital: An institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices. A hospital may also include accessory uses such as "retail goods establishments" and "restaurants," provided that such facilities are incidental and subordinate to the main use and part of the main structure.

Hotel or Motel: An establishment providing, for a fee, sleeping accommodations and temporary living accommodations to the general public. Related ancillary uses may include, but shall not be limited to, conference and meeting rooms, restaurants and recreational facilities.

House of Worship (also see Church): A building where persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain religious expression, together with all accessory buildings and uses customarily associated with such primary purpose.

House of Worship, Small: A place of religious worship having four hundred (400) or fewer seats or no more than eight thousand (8,000) square feet of total gross floor area.

House of Worship, Large: A place of religious worship having more than four hundred (400) seats or eight thousand (8,000) square feet of total gross floor area.

Intensity: Relative measure of development impact as defined by characteristics such as the number of dwelling units, amount of traffic generated, and amount of site coverage. To alter the character of a use to the extent that the use generates new or different impacts to the surrounding neighborhood constitutes an intensification of use.

Junkyard: A tract of land, including any accessory structure thereon, that is used for buying, selling, storing, baling, packing, disassembling, or handling waste or scrap materials. Such scrap materials include vehicles, machinery, and equipment not in operable condition, and metals, glass, paper, plastics, rags, and rubber tires. A lot on which three or more inoperable vehicles are stored shall be deemed a junkyard.

Kiosk: A small, light structure open on one or more sides for displaying information.

Laboratory: A facility for scientific laboratory analysis of natural resources, medical resources, and manufactured materials. The scientific analysis is generally performed for an outside customer, to support the work of that customer. This category includes environmental laboratories for the analysis of air, water, and soil; medical or veterinary laboratories for the analysis of blood, tissue, or other human medical or animal products; and forensic laboratories for analysis of evidence in support of law enforcement agencies.

Landscape Plan: Shall mean the preparation of graphic and written criteria, specifications, and detailed plans to arrange and modify the effects of natural features such as planting ground and water forms, circulation, walks and other features to comply with the provisions of this Ordinance.

Landscaping: The installation of plant material or seed as a part of development.

Loading, Off-Street: An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials, and merchandise.

Lot: A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be separately owned, used, developed or built upon.

Corner Lot: A lot or parcel of land abutting two (2) or more streets at their intersection or on two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.

Interior Lot: A lot other than a corner lot.

Lot Area: The total area within the lot lines of a lot, excluding any street rights-of-way.

Lot Coverage: Lot coverage will be determined by the summation of the square footage of all covered buildings on the lot. The building square footage will be divided by the total lot square footage to determine the percentage of lot coverage.

Lot Depth: The horizontal distance between the front and rear lot lines.

Lot Width: The distance parallel to the front lot line measured between side lot lines.

Through Lot: A lot having frontage on two (2) approximately parallel streets or places.

Lot Line: The lines bounding a lot as defined below:

Front Lot Line: The line separating the lot from the street on the narrow side. Where no method determines conclusively the front of the lot, the Planning and Zoning Director or his/her designee shall select one frontage on the basis of traffic flow on adjacent streets, so that the lot is considered to front on the street with the greatest traffic flow.

Rear Lot Line: The line opposite and most distant from the front lot line. In the case of a triangle or otherwise irregularly shaped lot, a line ten feet (10') in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

Reversed Frontage Lot: A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area.

Side Lot Line: A lot line other than the front or rear lot line.

Lot of Record: A lot that exists as shown or described on a plat or deed as recorded in the Office of the Clerk of Courts of Lafourche Parish.

Lumberyard: A facility where building materials such as lumber, plywood, drywall, paneling, cement blocks and other cement products, and other building products are stored and sold. Lumberyards may also process lumber by performing millwork, planning, cutting, and other customized processes. Lumberyards may provide for the sale of associated products including tools and fasteners.

Maintenance/Repair Services: An establishment providing appliance repair, office machine repair, or building maintenance services. This use does not include the maintenance and repair of vehicles

Manufacturing, Heavy: The assembly or fabrication of goods and materials, which may include the storage of large volumes of highly flammable or toxic matter. Heavy manufacturing processes ordinarily have greater impacts than average impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare or health and safety hazards.

Manufacturing, Light: The manufacturing from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution such products, providing all industrial activities are contained entirely within a building and noise, odor, smoke, heat, glare and vibration resulting from the industrial activity are confined within the building.

Marquee: A permanent covered structure projecting from and supported by a building when such covered structure extends beyond the building alignment or the property line.

Medical/Dental Clinic: A facility operated by one (1) or more physicians, dentists, chiropractors, psychiatrists or other licensed health care practitioners for the examination and treatment of persons solely on an outpatient basis.

Microbrewery/Microdistillery: A facility for the production and packaging of alcoholic beverages for distribution, retail, or wholesale, on or off premise, with a capacity of not more than fifteen thousand (15,000) barrels (brewery) or twenty-five thousand (25,000) gallons (distillery) annually. The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district.

Mini-Warehouse: A structure that rents individual compartments for the purpose of storing personal property. Individual compartments shall not exceed three hundred fifty (350) square feet.

Mixed-Use: A tract of land or building or structure developed for two or more different uses such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment.

Mortuary (also see Funeral Home): An establishment in which the dead are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings, and/or display of funeral equipment.

Nonconforming Lot of Record: A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

Nonconforming Structure: A structure or building, the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

Nonconforming Sign: Any sign which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

Nonconforming Use: Any use of any land, building or structure, which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

Office: A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government and generally furnished with desks, tables, files and communication equipment.

Off-Street Loading Space: A space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles, and accessible to such vehicles when required off-street parking spaces are filled.

Off-Street Parking Space: A space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.

Off-Track Betting Facility: An establishment that accepts wagers on horse and dog races away from a racetrack.

Open Space: That part of a lot, including all yards, which is open and unobstructed from grade level upward and is not occupied by off-street parking, streets, drives, or other surfaces for vehicles.

Outdoor Advertising Business: Provision of outdoor displays or display space on a lease or rental basis only.

Outdoor Gathering Areas: permanent active outdoor spaces used for dining, entertainment, or social gatherings, included, but not limited to, patios, decks, and pergolas.

Outdoor Storage Yard: The storage of any material, as a principal use of the lot, or for a period of more than twenty-four (24) hours, including items for sale, lease, processing and repair not in an enclosed structure. Items within an outdoor storage yard must be owned or leased by the owner of the storage yard.

Overlay: A zoning district established by Ordinance and mapped on top of the base zoning district that modifies or supplements the regulations of the general district and where the requirements of the base district may or may not be altered.

Parcel:

1.

A piece or area of land formally described and recorded with block and lot numbers, by metes and bounds, by ownership or in such a manner as to specifically identify the dimensions and/or boundaries;

2.

Informally, as land in general.

Parish: Lafourche Parish, Louisiana.

Parking Lot: An open, hard-surfaced area, other than a street or public way, used for the storage of operable passenger motor vehicles for limited periods of time. Parking may be available for residents, visitors, employees, clients, customers or similar users whether for compensation or at no charge.

Parking Lot, Commercial: A tract of land that is used for the storage of motor vehicles, that is not accessory to any other use on the same or any other lot, and that contains parking spaces rented to the general public or reserved for individuals by the hour, day, week, or month.

Parking Space, Off-Street: A space adequate for parking a motor vehicle with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.

Parks/Playgrounds: A facility designed to serve the recreational needs of the residents of the community, and shall include but not be limited to, ball fields, basketball courts, skateboard parks, playgrounds and field house which may have indoor recreation facilities.

Personal Services Establishment: An establishment or place of business primarily engaged in the provision of frequent or recurrent services of a personal nature. Typical uses include, but are not limited to, beauty shops, barbershops, tanning salons, massage parlors, shoe repair, personal item repair shops, Laundromats, dry cleaners, and tailors. Personal services establishments shall not include any adult uses.

Pet Care Facility: A facility designed for the indoor temporary housing and non-veterinary care of domestic pets such as dogs and cats. The facility shall include individual rooming units, but not the breeding or raising of household pets or animals.

Pet Day Care: A facility designed for the temporary and non-veterinary care of domestic pets such as dogs and cats. The pets shall be kept for a limited time (no more than twelve (12) hours) and the facility may also provide on-site grooming and training. This shall not include the breeding or raising of household pets or animals.

Planned Development: A residential, commercial or mixed-use development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.

Planning Commission: The term "Planning Commission" shall mean the Thibodaux Planning Commission created under R.S. 33:101 et seq., which shall have the powers to develop the Master Plan and administer the zoning map and ordinance as provided for by Louisiana law and as may be provided for in this Appendix A, Zoning of the City of Thibodaux Code of Ordinances.

Plat: A map representing a tract of land, showing the boundaries and location or individual properties and streets; or a map of a subdivision or a site plan.

Permeable Paving: A range of semi-permeable materials and techniques for paving with a base and sub-base that allow the movement of stormwater through the surface.

Prefabricated Housing: Any housing with structural or mechanical components manufactured and assembled away from the construction site. For purposes of this definition, the following terms shall have the following meanings:

Manufactured Housing: Dwelling units constructed primarily at a plant or facility on a production line basis and delivered to the site as an assembled unit or in modular form. Manufactured housing specifically refers to housing built to 42 U.S.C. Sec. 5403 Federal Manufactured Home Construction and Safety Standards set by the U.S. Department of Housing and Urban Development (HUD).

Mobile Home: Prefabricated trailer-type housing units that are semi-permanently attached to land, either the owner's fee land or leasehold. A mobile home is a moveable or portable structure designed and constructed on its own chassis and intended for connection to utilities for year-round occupancy as a dwelling. Any dwelling unit that qualifies as a manufactured or modular home according to the definitions herein is not considered a mobile home. Furthermore, a travel trailer is not considered a mobile home.

Manufactured Home Park: A unified development of three (3) or more manufactured home sites, plots or stands, arranged on a large tract usually under single ownership, meeting the area and yard requirements of this Article, and designed to accommodate manufactured homes for a more or less permanent duration. Such term may include travel trailer accommodations, provided that no more than twenty-five percent (25%) of the park is used for such purpose.

Modular Home: Modular homes are houses divided into multiple modules or sections, which are manufactured in a remote facility and delivered to their intended site of use. The modules are then assembled on a permanent foundation without a permanent chassis, into a single residential building. Unlike other prefabricated construction, modular homes conform to all state, local and regional codes (International Building Code standards) where the structure is to be located.

Manufactured Housing Sales Lot: A facility for the display, service, and retail sale of manufactured housing or preassembled storage buildings

Travel Trailer: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling and may be hauled along a highway.

Principal Building: A structure in which the primary use of the lot on which the building is located is conducted.

Principal Use: The primary use and chief purpose of a lot or structure.

Property Line: The lines forming the boundary of a lot, whether those lines are determined by metes and bounds, single lot or combination of lots or portions of lots of record.

Public Building: A building or buildings owned by a public governing body that is accessible for use to the public that does not require permission to enter during normal business hours.

Quorum: A majority of the appointed Board members of a board or commission for the transaction of all business. Any time the full body shall fall below the number of members of a full board or commission, a majority of the sworn members shall constitute a quorum.

Recreational Facilities: Any facility that provides recreational opportunities as defined below:

Recreational Facilities, Indoor: A commercial establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or sale of equipment related to the enclosed uses. Included in this definition shall be archery, bowling, roller-skating or ice-skating, billiards, swimming pools, rifle ranges, and related amusements.

Recreational Facilities, Outdoor: An area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions and similar structures used primarily for commercial recreational activities.

Recreational Vehicle Park: Any lot or parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy for a fee by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.

Rehabilitative Care Center (see also Halfway House; Substance Abuse Treatment Facility): A building other than an apartment hotel, hotel, small or large group home, rooming house, tourist home, motel or motor lodge, providing temporary lodging and board and a special program of specialized care and counseling on a full-time basis. Such a center includes but is not limited to centers that provide for alcohol and drug abuse clientele, former inmates of prisons or correctional institutions, or former patients of mental illness institutions. A rehabilitative care center must be licensed by an agency of the State of Louisiana as a rehabilitative or similar care facility, and shall be operated by an entity that is similarly licensed by the State of Louisiana.

Residential Care Center (see also Family Violence Shelter): A building, other than an apartment, hotel, small or large group home, or rooming house, providing temporary lodging and board and a special program of specialized care and counseling on a full-time basis for twelve (12) or more adults or children who are displaced from their normal living environment. A residential care center must be licensed by an agency of the State of Louisiana as a residential or similar care facility, and shall be operated by an entity that is similarly licensed by the State of Louisiana. Alcohol and drug abuse clientele, former inmates of prisons or correctional institutions, or former patients of mental institutions who have been found not guilty of a criminal charge by reasons of insanity shall be excluded as occupants.

Restaurant: Any establishment whose primary purpose is the service of food for consumption on or off the premises.

Restaurant, Fast Food: A restaurant where customers order and are served their food at a counter or through a window while in their vehicle in packages prepared to leave the premises.

Restaurant, Full-service: A restaurant with table service (order placement and delivery on-site) provided to patrons, also including cafeterias; carryout service, if any, shall be a limited portion of the facility and activity.

Restaurant, Quick Serve: A restaurant where customers order and are served their food at a counter in packages prepared to leave the premises or eat on site.

Restaurant, Specialty: An establishment whose primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal (e.g., candy, coffee, or ice cream). The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or beverage. Specialty restaurants may not offer alcoholic beverages for sale.

Retail Goods Establishment: A commercial enterprise that provides physical goods, products or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. Retail goods establishments shall not include alcohol, unless alcohol beverage sales for off-premise consumption is allowed within the district and a separate approval is obtained for such use.

Right-of-Way: The term used to describe the publicly owned improved or unimproved areas between property lines. This area is dedicated for use by the public for pedestrian and vehicular travel, and may include elements such as streets, curbs, gutters, sidewalks, street furniture, bus stops, utility poles, landscaping and signage.

Roof Line: The highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridgeline, or the highest line common to one (1) or more principal slopes of roof. On a flat roof, the roofline is the highest continuous line of the roof or parapet, whichever is higher.

Schools (see Educational Facilities): Any building or part thereof that is designed, constructed, or used for education or instruction in any branch of knowledge.

Setback: The required minimum horizontal distance between the building line and the related front, side, and rear property lines. For the purpose of this section, the setback will be measured to the nearest point of the foundation wall of the building.

Setback Line: The line that is the required minimum distance from any lot line and that establishes the area within which the principal structure may be erected or placed.

Sewage Treatment Facility: Any plant or other facility providing service, maintenance, or repair of essential public water/wastewater utilities to one or more developments including but not limited to wells, pumping stations, boosters, reservoirs, repeaters, water storage tanks, lift stations, regulators, and other similar facilities.

Short Term Rental: A residential swelling unit, or any portion thereof, for the purpose of lodging for less than thirty (30) consecutive days. The maximum number of bedrooms used for a short term rental use in the short term dwelling unit shall be no greater than six (6), and the total number of guests staying in the short term rental dwelling unit at any time shall be no greater than two (2) times the number of bedrooms or a maximum of twelve (12) persons.

Sidewalk: A paved pedestrian footpath within the public right-of-way between the curb lines or the lateral lines of a roadway and the adjacent property lines.

Sign: Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks or combinations thereof, by which anything is made known, such as the designation of an individual, a firm, or association, a profession, a business, a commodity, or product which are visible from any public way/or used as an outdoor display.

A-Frame Sign (see also Sandwich Sign): A double-faced advertising device, ordinarily in the shape of an "A" or some variation, located on the ground but not permanently attached and is easily movable.

Animated Sign: A sign, or portion of a sign, that uses movement or changes in lighting to depict action or to create a special effect or scene. Time/temperature signs are not considered animated signs.

Attached Sign: A sign attached to, applied on, or supported by any part of a structure.

Awning Sign (see also Marquee Sign and Canopy Sign): A sign painted on, or attached to, the surface of an awning.

Banner Sign: A sign printed or displayed on cloth, canvas, fabric, or other temporary material, with or without a structural frame and intended for a limited period of display.

Canopy Sign: A sign mounted on, printed on, or attached to a canopy.

Changeable Copy Sign: A sign with characters, letters or illustrations affixed thereto or thereon, by any method or means whatsoever, that can be changed, rearranged, or altered without changing the face of the sign.

Construction Sign: Any sign listing principal contractors, architects, and any establishments for the construction site where the sign is placed.

Copy: The wording on a sign surface in either permanent or removable letter form.

Cornerstone: A stone uniting two masonry walls at an intersection representing the nominal starting place in the construction of a monumental building, usually carved with the date and laid with appropriate ceremonies.

Detached Sign (see also Freestanding Sign): A sign, such as a monument sign or a pole sign, which is attached to a self-supported structure and not attached to a building.

Directional Sign: A sign permanently or temporarily erected by or with approval of any authorized government agency to denote the route to any city, town, village, historic or religious place, shrine, public building or hospital and signs directing and regulating traffic; public safety signs, sign or notices of places of public and civic meetings and signs giving the name of the owner, lessee, or occupant of the premises of the street number.

Double-faced Sign: A sign having two (2) display surfaces, which are attached parallel, and back to back, not more than twenty-four (24) inches apart.

Flashing Sign: An illuminated sign on which the artificial or reflected light changes in intensity or color when in use, and gives the impression of flashing or blinking. Time/temperature signs are not considered flashing or signs. However, other advertising shall be deemed flashing.

Freestanding Sign (see also Detached Sign): A sign, such as a monument sign or a pole sign, which is attached to a self-supported structure and not attached to a building.

Government Sign: Any temporary or permanent sign erected and maintained by the city, parish, state, or federal government for traffic direction or for designation of or direction to any school, hospital, or public service property or facility.

Identification Sign (see also Nameplate): A sign containing only the name and address of the structure, institution, or person, and/or to the activity or occupation being identified.

Illuminated Sign: A sign designed or arranged to reflect light from an artificial source.

Indirectly Illuminated Sign: A sign illuminated with a light directed primarily toward such sign, including backlit signs, and so shielded that no direct ray from the light are visible.

Internally Illuminated Sign: A sign containing a light source within, whereby the light shines through a translucent panel.

Incidental Sign: A sign, usually smaller in size and of a non-commercial nature, permitted without the need for a sign permit (e.g. credit card signs, hours of operation, etc.).

Mansard Sign: Any sign attached to a mansard-type roof with sloping sides will for the purpose of this Article be considered a wall sign.

Marquee Sign: Any sign attached to, or hung from, any permanent roof-like structure projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.

Memorial Tablet: A plaque made of brass or other durable metal attached to the surface of a structure to commemorate persons or events.

Mixed-Use: The development of a tract of land or structure with two (2) or more different uses such as, but not limited to, residential, office, retail, public, or entertainment in a compact urban form.

Monument Sign: Any sign, other than a freestanding pole sign, placed upon or supported by the ground and an internal structural framework, and typically with a low overall height.

Nameplate (see also Identification Sign): A non-electric on-premise identification sign giving only the name and address and/or occupation of the occupant(s).

Non-conforming Sign: Any sign which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

Off-Premise Advertising Sign: Any sign advertising a commercial use, facility, service, or product that is not located, sold, or manufactured on the same premises as the sign, and whose advertising or information content is visible from the interstate highway or any public street in the City.

On-Site Sign: A sign that pertains to the use of the premises on which it is located.

Parking Lot Directional Sign: A sign within a parking lot that identifies entrances and exits.

Permanent Sign: A sign attached to a structure of the ground that is made of materials intended to remain indefinitely.

Political Sign: A temporary sign advocating action on a political issue, recommending a candidate for public office, or advocating a position on a local, state, or national election.

Portable Sign: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to, signs mounted on wheels or trailers and A-frame signs.

Projecting Sign: A sign attached to, and projecting more than twelve inches (12") from, a building wall, but does not project above the parapet or eave line of the building.

Real Estate Sign: A temporary sign that relates to the sale, lease, or rental of a property or building.

Roof Sign: Any sign erected, constructed, and maintained with the principal support on the roof structure.

Sandwich Sign (see also A-Frame Sign): A double-faced advertising device, ordinarily in the shape of an "A" or some variation, located on the ground but not permanently attached and is easily movable.

Sign Erection: The act of posting, affixing or installing any sign that is attached to or requires a location upon the ground or any building or structure.

Sign Face: The area of a sign on which the copy is placed.

Sign Height: The vertical distance from the finished grade at the base of the supporting structures to the top of the sign, or its frame or supporting structure, whichever is higher.

Sign Number: The serial number of the permit issued for installing or erecting a sign, said number be included on the identification tag furnished by the sign contractor.

Sign Structure: Any construction used or designed to support a sign.

Snipe Sign: Any sign of any material whatsoever that is attached in any way to a utility pole, tree, fence post, or any similar object located or situated on public or private property, not otherwise exempt.

Subdivision Identification Sign: A freestanding sign that identifies a residential subdivision at the entrance from a main street.

Surface Area: The surface area of a sign shall be computed for the entire area within the periphery of a regular geometric form, or combination of regular geometric forms, comprising all of the display area of the sign, and including all of the elements of the matter displayed. The surface area of a sign shall be measured from the outside edges of the sign or the sign frame or sign structure, whichever is greater.

Temporary Sign: A sign or advertising display intended to be displayed for a limited period of time.

Wall Sign: Any sign painted directly on the surface of a structure.

Window Sign: A sign that is attached to or printed on the interior or exterior of the windowpane of a door or structure, or mounted directly inside the window intended for viewing from the exterior of such building. A window sign may be either permanent or temporary.

Sight Triangle: The triangular area formed by a diagonal line connecting two points located on intersecting street right of-way lines (or a right-of-way line and the curb or edge of a driveway) that shall be maintained clear of visual obstructions.

Social Club or Lodge: Buildings and facilities or premises used or operated by an organization or association for some common purpose, such as, but not limited to, a fraternal, social, educational or recreational purpose, but not including clubs organized primarily for profit or to render a service that is customarily carried on as a business. Such organizations and associations shall be incorporated under the laws of the State of Louisiana as a non-profit corporation or registered with the Secretary of State of Louisiana.

Solar Panel: A group of photovoltaic cells or thermal collectors that collect and convert sunlight as a source of energy for purposes such as heating or cooling a structure, heating or pumping water, or generating electricity.

Solid Waste: Any garbage, refuse, or sludge from a waste treatment plant, water-supply treatment plant, or air pollution-control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities. However, the term "solid waste" does not include solid or dissolved material in domestic sewage; solid or dissolved materials in irrigation-return flows or industrial discharges that are point sources subject to permits under R.S. 30:2074; source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (68 Stat. 923 et seq.), as amended (42 U.S.C. Section 2011 et seq.); or hazardous waste subject to permits under R.S. 30:2171 et seq.

Solid Waste Collection Facility: A facility that is used to accumulate solid waste generated by and delivered by more than one household or commercial establishment for pickup by a transporter, including, but not limited to, facilities typically located in rural areas where garbage collection does not occur. This definition does not include containers that receive only solid waste generated on property that is contiguous with the property on which the container is located (e.g., containers located at and receiving solid waste only from a multiunit dwelling or a commercial establishment or an industrial establishment).

Solid Waste Compost Facility: A facility where organic matter is processed by natural or mechanical means to aid the microbial decomposition of the organic matter.

Solid Waste Transfer Station: A solid waste processing facility where solid waste is transferred from collection vehicles, processed, and placed in other vehicles for transportation (e.g., a facility that separates recyclables from industrial or putrescible waste streams).

Special Exception: A special exception is a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning division or district as special exceptions, if specific provision for such special exceptions is made in this Zoning Ordinance.

Street: A public right-of-way or private thoroughfare, which provides vehicular and pedestrian access to adjacent properties. All streets will be within dedicated rights-of-way that have been properly processed, approved and recorded.

Street Line: The right-of-way line of a street.

Structure: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards, and poster panels.

Substance Abuse Treatment Facility: (see also Rehabilitative Care Center): A facility for the purposes of temporary or long-term treatment of victims of alcohol or drug use addiction.

Substance Abuse Treatment Facility, Halfway House: A facility used for the treatment of alcohol or other drug abuse, which provides training, care, supervision, treatment or rehabilitation to mainstream residents back into society, enabling them to live independently. A halfway house must be licensed by an agency of the State of Louisiana as a substance abuse halfway house or similar facility, and shall be operated by an entity that is similarly licensed by the State of Louisiana.

Substance Abuse Treatment Facility, Inpatient: A facility used for the treatment of alcohol or other drug abuse where one (1) or more patients are provided with care, meals and lodging. An inpatient substance abuse treatment facility must be licensed by an agency of the State of Louisiana as an inpatient substance abuse treatment facility or similar facility, and shall be operated by an entity that is similarly licensed by the State of Louisiana.

Substance Abuse Treatment Facility, Outpatient: A facility used for the treatment of alcohol or other drug abuse where neither meals nor lodging is provided. An outpatient substance abuse treatment facility must be licensed by an agency of the State of Louisiana as an outpatient substance abuse treatment facility or similar facility, and shall be operated by an entity that is similarly licensed by the State of Louisiana.

Surveyor: A qualified registered land surveyor in good standing with the Louisiana Board of Registration.

Tattoo Parlor: Establishments where services offered are tattooing, body piercing and non-medical body modification.

Taxidermy: The business of preparing, stuffing, and mounting the skins of animals.

Towing Facility: An establishment that provides vehicle towing services and accessory temporary outdoor storage for the vehicles it tows; which shall only include: mechanically operable/drivable, licensed vehicles that are to be claimed by titleholders or their agent(s); and/or wrecked motor vehicles awaiting insurance adjustments and transport to repair shops.

Traditional Neighborhood Development (TND): A planned development community intended to give new development the positive attributes of traditional front-porch communities and small towns. TNDs have a compatible variety of residential and commercial development, where homes, shops, offices, schools and/or public buildings are within walking distance of each other. They incorporate tree- and sidewalk-lines streets, traffic calming, parks and central public spaces.

Traffic Calming: A concept fundamentally concerned with reducing the adverse impact of motor vehicles on developed areas, which generally involves reducing vehicle speeds, providing more space and amenities for pedestrians and cyclists, and discouraging through traffic.

Traffic Impact Analysis: A technical analysis of the effect of traffic generated by a development on the capacity, operations and safety of the adjacent public street, affected intersections, and/or community highway system including traffic signals, as appropriate.

Variance: Permission to depart from the terms of this Zoning Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship and deprive such property of privileges enjoyed by other property in the vicinity that is under identical zoning.

Veterinary Hospital: An establishment where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be incidental to said hospital use.

Volunteer Service Organization: A non-profit community service organization that is designated as a civic, charitable, or humanitarian agency that serves citizens with special needs, children, and the elderly.

Warehouse, Wholesale or Storage: A building or premises in which goods, merchandise or equipment are stored for eventual distribution.

White Roof: A roof designed to deliver high solar reflectance, reducing heat transfer to the building and the ability to radiate absorbed or non-reflected solar energy.

Wind Turbine: A mechanism or device that converts wind energy into electrical power, including windmills and residential wind turbines, towers and supporting structures, and such directly connected facilities as generators, alternators, inverters, batteries and associated equipment.

Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of structure upward except as otherwise provided herein. In measuring a yard to determine the width of a yard, the minimum horizontal distance between the lot line and the maximum permissible main building shall be yard dimension.

Yard, Front: A yard extending across the full width of a lot between the side lot lines and between the front property line and the front line of the building projected to the side lines of the building site. The depth of the front yard shall be measured between the front line of the building and the street line. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has the least dimension. This space is considered open space.

Yard, Rear: A yard extending across the rear of the lot between the side lot lines and being the minimum horizontal distance between a rear lot line and the rear of the maximum main building. The rear yard shall be at the opposite end of the lot from the front yard. However, on through lots fronting two (2) streets, two (2) front yards shall be provided.

Yard, Required: The minimum open space between a lot line and the building setback line within which no structure is permitted to be located as provided in this Chapter.

Yard, Side: A yard extending from the front yard to the rear yard between the side lot line within which no structure is permitted to be located as provided in this Chapter.

Yard, Side Corner: The area extending between the front yard and the rear yard and situated between the side street lot line and the side of the principal building which is parallel to, or most nearly parallel to, the side street lot line.

Yard, Through: A through yard is any single zoning lot that is not a corner lot and that connects two generally parallel streets. On through yards fronting two (2) streets, two (2) front yards shall be provided.

Zoning Administrator: Any official who has responsibility for issuing permits or certificates under this Ordinance, or for enforcing the Ordinance, and may include a building official or other official with such responsibility.

Zoning Commission: The term "Zoning Commission" shall mean the Thibodaux Zoning Commission created under R.S. 33:4721 et seq., which shall have the powers provided for by Louisiana law and as may be provided for in this Appendix A: Zoning of the City of Thibodaux, Code of Ordinances.

(Ord. No. 2803, 10-6-15; Ord. No. 2976, 6-5-18; Ord. No. 3091, 9-22-20; Ord. No. 3161, 7-6-21; Ord. No. 3243, 11-15-22; Ord. No. 3278, 5-16-23; Ord. No. 3292, 8-15-23; Ord. No. 3325, 2-6-24)