The purpose if this Article is to delineate the applicability, procedures and requirements, and approval standards applying to each zoning application and approval.

A.

Application forms. Applications, containing all requested information, and any additional information must be submitted on forms an in such numbers as required by this Ordinance. All applications must be complete and sufficient for processing before they will be reviewed.

B.

Fees. As per Section 302.B of this Ordinance, no applications shall be reviewed, and no permit, certificate, or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full. When an application is submitted on behalf of the City of Thibodaux, no fees shall be required.

C.

Complete applications. An application is complete when it contains all the information necessary to decide whether or not the development as proposed will comply with all of the requirements of this Ordinance. Details for each application is included in the specific procedure Section of this Ordinance. The presumption is that all of the information required in the application forms is necessary to satisfy the requirements of this Ordinance. However, it is recognized that each application is unique, and more or less information may be required according to the needs of the particular case. The applicant may rely on the determination of the Zoning Administrator as to whether more or less information may be submitted.

D.

Concurrent applications. Applications may be filed and reviewed concurrently, at the option of the applicant. However, any application that also requires a variance shall not be eligible for final approval until the variance has been granted. Further, applications submitted concurrently are subject to approval of all other related applications; denial or disapproval of any concurrently submitted application shall stop consideration of any related applications until the denied or disapproved application is resolved.

E.

Modification of application.

1.

Property owners may initiate a zoning application at any time by filing with the Zoning Administrator. Applications for zoning map and text amendments may also be filed by the City of Thibodaux Planning Commission, another agent of the City of Thibodaux, or any interested party.

2.

An application may be modified at the applicant's request following the approval of the Zoning Administrator before the request is advertised. Any modification after the request has been advertised shall require a new notice and hearing.

A.

Public notice required. Required public notices are summarized in Table 3.1. More detailed information may be included with each specific procedure.

B.

Public hearing notice requirements. All notices for public hearing shall contain:

1.

The date, time and place of the hearing;

2.

The section of this Ordinance under which the subject matter of the hearing will be considered;

3.

The name of the applicant;

4.

A brief description of the location of any land proposed for development and the subject matter to be considered at the hearing;

5.

A statement that the application and supporting materials are available for public inspection and copying at the office of the City of Thibodaux Zoning Administrator;

6.

A brief description of the appeal process, which is available by-right after public hearing before the Zoning Commission or any further automatic review by the City Council.

C.

Written notice of public hearing. At least ten (10) days prior to a public hearing, a good faith attempt to notify the owner of record shall be made by sending an official notice by certified U.S. Mail of the time, place and subject matter of the hearing.

D.

Posted notice of public hearing.

1.

Posted notice in bold type shall be posted for all zoning matters coming before the Board of Adjustment for at least ten (10) consecutive days prior to a public hearing on signs not less than 18"×24", prepared, furnished and placed by the Zoning Administrator on all street frontages of the effected property proposed for a change in zoning classification.

2.

When zoning matters are proposed to before the Zoning Commission, a door hanger shall be placed on all adjacent structures located within five hundred (500) feet of the proposed change or revision.

E.

Published notice of public hearing.

1.

Zoning Commission Public Hearing Notice. Notice of the time and place of a public hearing in front of the City of Thibodaux Zoning Commission shall be published at least three (3) times in the official journal, if designated, or a newspaper of general circulation in the area; at least ten (10) days shall elapse between the first publication and the date of the public hearing.

2.

City Council Public Hearing Notice. Notice of the time and place of a public hearing in front of the City of Thibodaux City Council shall be published once a week in three (3) different weeks in the official journal, if designated, or a newspaper of general circulation in the area; at least fifteen (15) days shall elapse between the first publication and the date of the public hearing.

F.

Reconsideration. No land for which an application for zoning text or map change has been acted upon in a public hearing by the Zoning Commission shall be considered again by the Zoning Commission for the same classification for at least twelve (12) months from the date such application was acted upon.

A.

Conduct of the public hearing. When a public hearing is required, the place, date and time for the hearing will be established, and notice of such hearing is required in accordance with Section 303 (Public Notice) above. The public hearing will be conducted in accordance with the established rules and procedures of the body conducting the hearing.

B.

Continuances. The Chair, with approval of the body conducting the hearing, may continue the public hearing. No new public notice is required to reopen the bearing of a nearing has been continued to a date specified, provided that a public announcement of the future date, time, and place of the continued hearing is made at the first hearing and placed in the minutes.

A.

When allowed. The boundaries of zoning districts as shown on any zoning map may, from time to time, be amended or modified by the City Council.

B.

Application.

1.

A pre-application conference with the Zoning Administrator is required.

2.

All applications for a map amendment shall be filed in writing with the Zoning Administrator (See Section 302 Application) of this Ordinance.

C.

Review by Zoning Administrator. The Zoning Administrator will review the application, and may refer the application to other affected or interested agencies for review and comment before forwarding to the Zoning Commission for review.

D.

Public hearing and decision by Zoning Commission.

1.

Following notice (Section 303) and a public hearing (Section 304) as required by this Ordinance, the Zoning Commission shall recommend to the City Council to approve, approve with conditions, or deny the proposed map amendment within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.

2.

In making this recommendation, the Zoning Commission shall consider the recommendations of the Zoning Administrator and the relevant comments of all interested parties and the review criteria in Section 305.F (Review Criteria) below.

E.

Public hearing and decision by the City Council.

1.

Following notice (Section 303) and a public hearing (Section 304) as required by this Ordinance, the City Council shall accept or deny the Zoning Commission's recommendation on the map amendment.

2.

In making this decision, the City Council shall consider the recommendations of the Zoning Administrator, the Zoning Commission, and relevant comments of all interested parties and the review criteria in Section 305.F (Review Criteria) below.

F.

Review criteria. The Zoning Commission and the City Council shall consider the following criteria in approving or denying a text amendment:

1.

The proposed map amendment is consistent with the pertinent elements of the City of Thibodaux Comprehensive Plan and any other adopted plans.

2.

The proposed map amendment is consistent with the adjacent zoning classifications and uses.

3.

The proposed map amendment will reinforce the existing or planned character of the neighborhood and the City.

4.

The site is appropriate for the development allowed in the proposed district.

5.

There are substantial reasons why the property cannot be used according to existing zoning.

6.

Public facilities and services including schools, roads, recreation facilities, wastewater treatment, water supply, stormwater management, police and fire are adequate for the development allowed in the proposed district.

7.

The map amendment will not substantially or permanently injure the appropriate use of adjacent conforming properties.

G.

Effect of denial. The denial of a map amendment application shall ban the subsequent application for the same or similar use at the same location for a period of twelve (12) months.

H.

Appeal. A final decision by the City Council on a map amendment may be appealed to the 17th Judicial District Court.

I.

Expiration. A zoning map amendment shall not expire.

A.

When allowed. The regulations of this Ordinance may, from time to time, be amended supplemented, changed, modified or repealed, as determined by the City Council. Any use that is not listed within the residential, commercial, industrial, and open space and campus use tables shall not be permitted.

B.

Application.

1.

A pre-application conference with the Zoning Administrator is optional.

2.

All applications for a text amendment shall be filed in writing with the Zoning Administrator (See Section 302 Application) of this Ordinance.

3.

Permit applications for a use not permitted, or not listed, requires a request to amend the use table to either permit the use or require a special exception for the use to be submitted to the Planning and Zoning Commission for their review, and submittal to the City Council for their approval.

C.

Review by Zoning Administrator. The Zoning Administrator will review the application, and may refer the application to other affected or interested agencies for review and comment before forwarding to the Zoning Commission for review.

D.

Public hearing and decision by Zoning Commission.

1.

Following notice (Section 303) and a public hearing (Section 304) as required by this Ordinance, the Zoning Commission shall recommend to approve or deny the proposed text amendment within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.

2.

In making this recommendation, the Zoning Commission shall consider the recommendations of the Zoning Administrator and the relevant comments of all interested parties and the review criteria in Section 306.F (Review Criteria) below.

E.

Public hearing and decision by the City Council.

1.

Following notice (Section 303) and a public hearing (Section 304) as required by this Ordinance, the City Council shall accept or deny the Zoning Commission's recommendation on the text amendment.

2.

In making this recommendation, the City Council shall consider the recommendations of the Zoning Administrator, the Zoning Commission, and relevant comments of all interested parties and the review criteria in Section 306.F (Review Criteria) below.

F.

Review criteria. The Zoning Commission and the City Council shall consider the following criteria in approving or denying a text amendment:

1.

The proposed text amendment is consistent with the pertinent elements of the Comprehensive Plan and any other adopted plans;

2.

The proposed text amendment is consistent with the remainder of this Ordinance;

3.

The extent to which the text amendment represents a new idea not considered in the existing Code, or represents revisions necessitated by changing conditions over time, or whether or not the text amendment corrects an error in this Ordinance; and

4.

Whether or not the text amendment revises this Ordinance to comply with State or Federal statutes or case law.

G.

Effect of denial. The denial of a text amendment application shall ban the subsequent application for the same or similar use at the same location for a period of twelve (12) months.

H.

Appeal. A final decision by the City Council on a text amendment may be appealed to the 17th Judicial District Court.

I.

Expiration. A zoning text amendment shall not expire.

(Ord. No. 3260, 2-7-23)

A.

When required. A special exception request is required for any use or building type that requires particular considerations as to its proper location to adjacent, established or intended uses in a district, or to the planned growth of the community. More detailed information may be included within each specific Section of this Ordinance that establishes the uses requiring special exception and conditions controlling the location and operation of such special uses. Any change to a special exception involving major structural alterations, enlargements, intensifications of use, or similar change must be approved in the same manner as the original special exception.

B.

Application.

1.

A pre-application conference with the Zoning Administrator is required.

2.

All applications for a special exception shall be filed in writing with the Zoning Administrator (See Section 302 Application) of this Ordinance. The application shall include material necessary to demonstrate that the grant of a special exception will be in harmony with the general intent and purpose of this Ordinance, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material required may include but is not limited to the following, when applicable:

a.

Site and development plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off-street parking and off-street loading access, refuse and service areas, and required yards and open spaces.

b.

Plans showing proposed locations for utilities and easements.

c.

Plans for screening, buffering and landscaping.

d.

Proposed signs and lighting, including type, dimensions and character.

C.

Review by Zoning Administrator. The Zoning Administrator will review the application, and may refer the application to other affected or interested agencies for review and comment before forwarding to the Zoning Commission for review.

D.

Public hearing and decision by Zoning Commission.

1.

Following notice (Section 303) and a public hearing (Section 304) as required by this Ordinance, the Zoning Commission shall recommend to approve, approve with conditions or deny the proposed special exception within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.

2.

In making this recommendation, the Zoning Commission shall consider the recommendations of the Zoning Administrator and the relevant comments of all interested parties and the review criteria in Section 307.F (Review Criteria) below.

E.

Public hearing and decision by the City Council.

1.

Following notice (Section 303) and a public hearing (Section 304) as required by this Ordinance, the City Council shall accept, accept with conditions or deny the Zoning Commission's recommendation on the special exception.

2.

In making this recommendation, the City Council shall consider the recommendations of the Zoning Administrator, the Zoning Commission, and relevant comments of all interested parties and the review criteria in Section 307.f (Review Criteria) below.

F.

Review criteria. The Zoning Commission and the City Council shall consider the following criteria in approving or denying a special exception request:

1.

The proposed special exception request is consistent with the pertinent elements of the City of Thibodaux Comprehensive Plan and any other adopted plans.

2.

The proposed development meets the requirements of this Ordinance.

3.

The proposed development will reinforce the existing or planned character of the neighborhood and the City.

4.

The special exception request complies with any specific use standards or limitations in Article VIII (Use Standards) of this Ordinance.

5.

Any adverse impacts on adjacent properties attributable to the special exception have been minimized or mitigated.

G.

Effect of denial. The final denial of a special exception request shall ban the subsequent application for the same or similar use at the same location for a period of twelve (12) months.

H.

Appeal. A final decision by the City Council on a special exception may be appealed to the 17th Judicial District Court within thirty (30) days of the decision.

I.

Expiration.

1.

Existing construction. In an existing structure, the special exception shall expire after six (6) months if the use is abandoned or discontinued.

2.

New construction.

a.

A special exception shall expire after six (6) months if a building permit application has not been filed.

b.

Where a special exception has been granted but no commencement of construction other than clearing and grubbing has been executed within six (6) months from date of such special exception, the property shall revert to its original state prior to such special exception.

c.

Buildings that are actively available for lease and occupancy, or are being remodeled pursuant to permit shall not have its use considered abandoned or discontinued for eighteen (18) months.

J.

Revocation of special exception. If any conditions of a special exception or other requirements of this Ordinance are violated, the City of Thibodaux may revoke the special exception.

A.

When allowed.

1.

The Board of Adjustment shall have the authority to grant variances from the terms of this Ordinance, subject to terms and conditions fixed by the Board, where literal enforcement of the provisions of this Ordinance will result in practical difficulties or unnecessary hardship, if in granting such variance the general intent and purpose of this Zoning Ordinance will be preserved.

2.

A variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

3.

Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.

B.

Application.

1.

No pre-application conference is necessary.

2.

All applications for variance shall be filed in writing with the Zoning Administrator or his/her designee (See Section 302 Application).

C.

Review by Zoning Administrator. The Zoning Administrator will review the application, and may refer the application to other affected or interested agencies for review and comment before forwarding to the Zoning Commission for review.

D.

Public hearing and decision by Board of Adjustment.

1.

Following notice (Section 303) and a public hearing (Section 304) as required by this Ordinance, the Board of Adjustment shall allow, allow with conditions, or deny the proposed variance request, the Board of Adjustment shall consider relevant comments of all interested parties and the review criteria in Section 308.E (Review Criteria) below.

2.

The Board may attach any condition to the permit necessary to protect the health, safety and welfare of the community and minimize adverse impacts on adjacent properties. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance and punishable under Section 314 (Violations) of this Ordinance.

E.

Review criteria. No variance shall be authorized unless the Board of Adjustment finds that all of the following conditions exist:

1.

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.

2.

Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.

3.

The special conditions and circumstances do not result from the actions of the applicant or any other person who may have or had interest in the property.

4.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district or similarly situated.

5.

The variance, if granted, will not alter the essential character of the locality.

6.

Strict adherence to the regulation for the property would result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience.

7.

The purpose of the variance is not based exclusively upon a desire to serve the convenience or profit of the property owner or other interested party(s).

8.

The proposed variance will not impair an adequate supply of light and air to adjacent property, or increase substantially the congestion in the public street, or increase the danger of fire, or endanger the public safety.

F.

Appeal. A final decision by the Board of Adjustment on a variance may be appealed to the 17 ^th Judicial District Court within thirty (30) days of the decision.

G.

Expiration. A variance runs with the land and does not expire unless the Board of Adjustment or the 17th Judicial District Court assigns an expiration date as a condition.

A.

When required. Site plan review by the Zoning Administrator or his/her designee or the City Engineer is required for:

1.

Construction of three (3) or more residential units on a platted lot of record.

2.

Construction of three (3) or more townhouse units.

3.

Construction or expansion of five thousand (5,000) or more square feet of multi-family or mixed-use building type.

4.

Commercial, industrial or civic development five thousand (5,000) or more square feet.

5.

Creation of more than one thousand (1,000) square feet of impervious surface (paving).

6.

Construction of accessory structures in non-residential districts.

B.

No site plan review required. No site plan review is required for the following:

1.

Construction or expansion of less than five thousand (5,000) square feet of multi-family or mixed-use building type.

2.

Creation of less than one thousand (1,000) square feet of impervious surface (paving).

3.

Construction of accessory structures in residential districts.

C.

Application.

1.

A pre-application conference is mandatory for site plan review.

2.

All applications for site plan review shall be filed in writing with the Zoning Administrator or his/her designee.

D.

Review by Zoning Administrator. The Zoning Administrator will review the site plan and may refer the site plan to other affected or interested agencies for review and comment.

E.

Site plan decision by Zoning Administrator

1.

In deciding to approve, approve with conditions, or deny the proposed site plan, the Zoning Administrator shall consider relevant comments of all interested parties and the review criteria outlined in Section 309.F and render a decision within sixty (60) days of the filing of a complete application for review, except where such time period is extended by the applicant.

2.

The Zoning Administrator may attach conditions required to make the development site comply with this and other City Ordinances, or as necessary to protect the health, safety and welfare of the City of Thibodaux and to minimize adverse impacts to adjacent properties.

F.

Review criteria.The Zoning Administrator shall consider the following criteria in approving or denying a site plan:

1.

The proposed development is consistent with the pertinent elements of the City of Thibodaux Comprehensive Plan and any other adopted plans;

2.

The proposed development meets the requirements of this Ordinance;

3.

The proposed development will reinforce the existing or planned character of the neighborhood and the City.

4.

The site plan demonstrates:

a.

Compliance with any prior approvals;

b.

Site design and development intensity appropriate for and tailored to the unique natural characteristics of the site;

c.

Adequate, safe and convenient arrangement of access, pedestrian circulation, bicycle facilities, roadways, driveways, transit access (as appropriate), and off-street parking, stacking and loading spaces;

d.

Connectivity to surrounding neighborhoods and the City as a whole, while minimizing cut-through traffic and speeds are reduced through the use of traffic calming methods in appropriate locations;

e.

Adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwater relative to the 100-year floodplain; and

f.

Adequate access for disabled residents through the provision of special parking spaces, accessible routes between parking areas and buildings, passenger loading zones and access to other facilities.

5.

Any adverse impacts on adjacent properties have been minimized or mitigated.

G.

Building permit. No building permit shall be issued for development requiring site plan until the site plan has been approved.

H.

Dedication and improvements.

1.

For development of property requiring a site plan under this Ordinance, the applicant must dedicate any additional right-of-way necessary to the width required by the City of Thibodaux for streets adjoining the property, install curbs and gutters and pave all streets adjoining the property, and install sidewalks and street trees based on the standards set forth by the Thibodaux City Council in this and all other City Codes and Ordinances.

2.

The applicant shall bear the costs of installation of any on-site or off-site improvements required by this Ordinance, including provisions for stormwater management, paving and utilities.

I.

Modification of approved site plan. The Zoning Administrator is authorized to approve minor modifications to an approved site plan. The following modifications shall be considered minor:

1.

Up to ten percent (10%) increase or any decrease in gross floor area of a single building;

2.

Up to a ten percent (10%) reduction or any increase in the approved setbacks from exterior property lines;

3.

Relocation of parking areas, internal streets or structures where such relocation occurs more than one hundred feet (100') from exterior property lines.

J.

Appeals and public hearings and decisions by Board of Adjustment. A final decision by the Zoning Administrator on a site plan review may be appealed to the Board of Adjustment within thirty (30) days of the decision as per R.S. 33:4727 et seq.

K.

Expiration. A site plan expires after six (6) months where a building permit application has not been filed for all or part of said development. Applicants may file for one (1) six (6) month extension of the site plan approval in writing with the Zoning Administrator subject to administrative approval.

A.

When allowed. An application for a planned development overlay may be filed by the property owner(s) for that property, as authorized by and in accordance with Section 509 (Planned Developments) and the procedures of this Section.

B.

Authority. A planned development overlay is considered a special exception in the applicable zoning district, and shall be granted in accordance with the procedures and standards of this Section and the special exception provisions of Section 307 (Special Exceptions). Unless specifically approved by the Ordinance granting or amending the planned development overlay as a special exception, the requirements of the underlying zoning district shall apply.

C.

Existing planned developments. Existing planned developments remain valid must continue to comply with all of the requirements and conditions of their initial approval, and are considered planned developments. Any amendments to existing planned developments must follow the procedures of this Section for amendments to planned developments.

D.

Application.

1.

A pre-application conference with the Zoning Administrator is required.

2.

All applications for a planned development shall be filed in writing with the Zoning Administrator (See Section 302 Application) of this Ordinance. The application shall include a development plan and all material necessary to demonstrate that creation of a planned development overlay will be in harmony with the general intent and purpose of this Ordinance, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. The development plan shall include, but is not limited to, the following:

a.

Name and address of property owner and date of preparation of the plan.

b.

Name and address of architect, landscape architect, planner, engineer, surveyor, and/or other persons responsible for the preparation of the plan(s).

c.

Site boundaries and dimensions, site acreage and square footage, and approximate distance to the nearest cross street.

d.

Location map, north arrow, and title block.

e.

Natural features including tree masses, floodplains, drainageways and bayous.

f.

Proposed and existing land use and zoning classifications on-site and existing land uses on adjacent properties.

g.

The Neighborhood Center, Mixed Residential, Neighborhood Edge and Civic and/or Open Space areas within Traditional Neighborhood Developments (TND).

h.

Building envelopes including maximum building footprints, density, and heights.

i.

Use restrictions as appropriate.

j.

Public streets and private drives with pavement widths, curb cut widths, buffers, rights-of-way, median openings, turn lanes including stacking and transitional spaces, and driveways including those on adjacent property with approximate dimensions.

k.

Proposed dedications and reservations of land for public or common sue, including, but not limited to, rights-of way, easements, open spaces, drainageways, floodplains, and public facility sites.

l.

Existing and proposed utility easements.

m.

A proposed phasing plan that identifies the sequencing of development if the project is to be developed in phases and a time schedule for installation of major capital improvements to serve the development including delineation of areas, buildings sites, land use and improvements to be constructed in independent phases and the scheduled timing and sequencing of such development.

n.

Proposed buffers from existing uses on adjacent sites.

o.

A chart depicting the following information by phase: acreage of each proposed phase; total number of dwelling units by type, lot size, and dwelling unit sizes; and projected population and total gross floor area (square feet) for each non-residential use.

p.

A site plan drawn to scale including the following:

i.

The location, area, height, bulk and approximate dimensions of all existing and proposed buildings and structures within the planned development.

ii.

The use(s) of existing and proposed structures.

iii.

The dimensions of all perimeter setbacks and the distance between all structures.

iv.

The location and dimensions of all pedestrian walkways, bicycle paths, driveways, curb cuts, streets, alleys, parking and loading facilities, including the number of parking spaces serving each use and all parking-related screening and landscaping.

v.

The location, height, design and illumination characteristics of all external lighting within the development.

vi.

The location and dimensions of any areas to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, places of worship, educational facilities, public buildings or any other public or quasi-public use.

vii.

Typical building elevations and schematic design presentations prepared by a licensed architect indicating the general architectural character of all proposed buildings and structures.

viii.

The site plan shall be prepared to the following scale:

q.

A traffic circulation plan and traffic impact analysis indicating the proposed movement of vehicles, goods and pedestrians within the planned development, and to and from adjacent streets, and the impact of the proposed planned development upon existing traffic patterns. Such studies must also include an examination of the adequacy of on-site parking facilities, vehicular circulations patterns, and pedestrian access.

r.

A sustainability plan setting forth all proposed improvements, project elements, and actions taken to enhance environmental sustainability, including provisions for continuing maintenance where necessary.

s.

A landscape plan prepared by a licensed landscape architect indicating the general character of all proposed landscaping, screening and fencing, including all open space areas around structures.

t.

A stormwater management plan prepared by a licensed landscape architect or civil engineer indicating pre- and post-development run off rates and stormwater best management practices (BMP).

u.

A separate schedule setting forth any proposed special exceptions to any City regulations. This schedule must cite each regulation from which an exception is sought by ordinance section number.

E.

Review by Zoning Administrator. The Zoning Administrator will review the application and development plan, and may refer the application to other affected or interested agencies for review and comment before forwarding to the Zoning Commission for review.

F.

Public hearing and decision by Zoning Commission.

1.

Following notice (Section 303) and a public hearing (Section 304) as required by this Ordinance, the Zoning Commission shall recommend to approve, approve with conditions or deny the proposed planned development overlay within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.

2.

In making this recommendation, the Zoning Commission shall consider the recommendations of the Zoning Administrator and the relevant comments of all interested parties and the review criteria in Section 310.H (Review Criteria) below.

G.

Public hearing and decision by the City Council.

1.

Following notice (Section 303) and a public hearing (Section 304) as required by this Ordinance, the City Council shall accept, accept with conditions or deny the Zoning Commission's recommendation on the planned development .

2.

In making this recommendation, the City Council shall consider the recommendations of the Zoning Administrator, the Zoning Commission, and relevant comments of all interested parties and the review criteria in Section 310.H (Review Criteria) below.

H.

Review criteria. The Zoning Commission and the City Council shall consider the following criteria in approving or denying a planned development overlay request:

1.

The proposed planned development complies with the standards outlined in Section 509 (Planned Developments) and is consistent with the spirit and intent of this Ordinance, pertinent elements of the City of Thibodaux Comprehensive Plan, and any other adopted plans.

2.

The site where the planned development is located is adaptable to the unified development proposed.

3.

The proposed planned development will not be detrimental to the public health, safety and welfare or the use and enjoyment of other property in the vicinity of the development.

4.

The proposed planned development will not impede the normal and orderly development and improvement of surrounding property for the uses permitted in the zoning district.

5.

The proposed planned development provided public benefits and amenities to the City in exchange for exceptions to the Zoning Ordinance as required in Section 310 (Planned Developments).

6.

There is a provision for adequate utilities, drainage, off-street parking and loading, pedestrian access and all other necessary facilities.

7.

There is provision for adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets.

8.

The location and arrangements of structures, parking areas, walks, lighting and appurtenant facilities are all compatible with the surrounding neighborhood and adjacent land uses.

9.

All portions of the proposed planned development that are not to be used for structures, parking and loading areas, or access ways, are suitably landscaped.

I.

Effect of denial. The final denial of a planned development overlay request shall ban the subsequent application for the same or similar use at the same location for a period of twelve (12) months.

J.

Appeal. A final decision by the City Council on a planned development overlay may be appealed to the 17th Judicial District Court within thirty (30) days of the decision.

K.

Expiration.

1.

A planned development overlay shall expire after twelve (12) months if a building permit application has not been filed.

2.

Where a planned development overlay has been granted but no commencement of construction other than clearing and grubbing has been executed within twelve (12) months from date of such overlay approval, the property shall revert to its original base zoning prior to such overlay.

L.

Changes to approved development plans.

1.

Minor changes.

a.

Minor changes, if required by engineering or other physical site circumstances not foreseen at the time of the development plan approval may be approved by the Zoning Administrator. However, any change considered a major change as outlined in Section 310.L.2 (Major Changes) below cannot be approved by the Zoning Administrator.

b.

The Zoning Administrator may also, at the Official's discretion, determine that a proposed minor change constitutes a major change and must be approved by the Zoning Commission and the City Council in accordance with the procedures for a major change.

2.

Major changes. Major changes are those listed below and may only be approved by the City Council following a review and public hearing by the Zoning Commission. Major changes are defined as follows:

a.

An increase or decrease in the number of dwelling units from that approved in the plan.

b.

An increase in building height by more than ten (10) percent of the height of the approved plan.

c.

An increase in the building coverage by more than ten (10) percent of the percentage approved in the plan.

d.

A decrease in open space by more than ten (10) percent from the approved plan.

e.

A change of twenty (10) feet or more in the location of walkways, vehicle circulation ways and parking areas, or exterior building walls as measured in linear feet.

f.

A change in the location and arrangement of land uses within the development from that shown on the approved plan.

g.

A change or relocation of rights-of-way from that shown on the approved plan that decreases their functionality or adversely affects their relation to surrounding land uses and rights-of-way elements

h.

An increase or decrease in the amount of any land use in any phase of the development by more than ten (10) percent or a change in the overall approved land use mix.

i.

A reduction in the number of parking spaces or an increase of more than ten (10) parking spaces.

j.

A substantial change in building design, building material selection or percentage of various approved building materials. The Zoning Administrator will determine when a change is substantial.

k.

A change in the landscape plan that results in a reduction of plant materials. Changes to the landscape plan that do not result in a reduction of plan materials or violate the landscaping requirements of this Ordinance are not considered a major change.

3.

Recording of changes to approved development plan. All changes to the approved development plan must be recorded as amendments to the planned development overlay ordinance. If changes are allowed, then a new development plan reflecting such changes must be filed with the City noting the date of the changes before a building permit may be issued.

A.

When required. Unless specifically identified as an exempt sign in Section 905 of this Ordinance, all signs shall require a sign permit in accordance with this Section.

B.

Application.

1.

A pre-application conference is optional.

2.

All applications for sign permits shall be filed in writing with the Zoning Administrator.

C.

Decision by Zoning Administrator.

1.

The Zoning Administrator may refer the application to other affected or interested agencies for review and comment.

2.

In deciding to approve, approve with conditions, or deny the proposed sign permit, the Zoning Administrator shall consider relevant comments of all interested parties.

3.

The Zoning Administrator may attach any condition to the permit necessary to protect the health, safety and welfare of the City of Thibodaux and minimize adverse impacts on adjacent properties.

D.

Review criteria. The Zoning Administrator shall consider the following criteria in approving or denying a sign permit:

1.

The proposed sign is consistent with the pertinent elements of the City of Thibodaux Comprehensive Plan and any other adopted plans.

2.

The proposed sign meets the requirements of this Ordinance.

3.

The proposed sign will reinforce the existing or planned character of the neighborhood and the City.

E.

Appeal. A final decision by the Zoning Administrator on a sign permit may be appealed to the Board of Adjustment within thirty (30) days of the decision.

The provisions of these land use regulations shall be administered by the Mayor, or his/her designee, as designated herein, who shall have the power to make inspections of buildings or premises necessary to carry out their administrative duties in the enforcement of these regulations. The Mayor may call upon the Police to furnish the necessary personnel to carry out enforcement if necessary.

A.

Complaints regarding violation. Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator. He shall record properly such complaint, immediately investigate, and take thereon as provided by this Ordinance.

B.

Penalties for violation.

1.

Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined and/or imprisoned as provided for in section 33:4728 of the Louisiana Revised Statutes of 1950 with fines not to exceed five hundred ($500.00) dollars and/or imprisonment not exceeding six (6) months, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

2.

The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

3.

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 3244, 11-15-22)