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Thibodaux City Zoning Code

ARTICLE VI

- ON-SITE DEVELOPMENT STANDARDS

Sec. 601. - Purpose.

The purpose of this Article is to address the site improvements on a lot other than the principal building. This includes adequate public facilities, protection standards, exterior lighting regulations, accessory structures and uses, architectural projections into required yards, landscaping, and fences.

Sec. 602. - Adequate public facilities.

Land proposed for development must be served adequately by essential public facilities and services. Land will not be approved for development unless and until adequate public facilities exist or provision has been made for water facilities, wastewater facilities, drainage facilities, and transportation facilities necessary to serve the proposed development, whether such facilities are located within the property being platted or outside the site. This policy may be defined further and supplemented by other City ordinances.

A.

Conformance to plans. Proposed improvements should conform to the City of Thibodaux Comprehensive Plan and all applicable public facilities and capital improvements plans.

B.

Water. All platted lots must be connected to a public water system or properly permitted to ensure water for health and emergency purposes, including adequate fire protection before they may be developed.

C.

Wastewater. All platted lots must be served by an approved means of wastewater collection and treatment.

D.

Streets. All streets must provide a safe, convenient, and functional system for vehicular and pedestrian circulation and must be appropriate for the traffic characteristics and impacts of the proposed development.

E.

Drainage. Drainage improvements must accommodate potential runoff from upstream drainage areas, and be designed to prevent overloading the capacity of the downstream drainage system. The City Engineer may require the phasing of development; the use of control methods such as retention, detention, or pumping systems; and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed development.

F.

Phasing. The City may require the phasing of development or improvements to maintain current levels of service for existing public services and facilities, or for other reasons based upon maintaining the health, safety and general welfare of the City's inhabitants.

G.

Subdivision regulations. All subdivisions must comply with the City of Thibodaux Subdivision Regulations.

H.

Wetlands. Any development of lots located, or partially located, within the area subject to the Section 404 of the Clean Water Act, 33 USC 1344, as amended, shall not be issued a development permit or building permit until a jurisdictional wetland determination has been completed and either of the following occur:

1.

The U.S. Army Corps of Engineers determines that there are jurisdictional wetlands present on the proposed development site, a section 404 permit is required, and either a section 404 permit or a letter of permission is issued by the Corps for the proposed development; or

2.

The U.S. Army Corps of Engineers determines that jurisdictional wetlands are not present on the proposed development site, and no section 404 permit or letter of permission is required.

Sec. 603. - Protection standards.

All uses must be operated to comply with the performance standards described in this section below and all other relevant building, fire, and safety codes. In addition to these performance standards, all uses must be constructed, maintained, and operated to prevent negative impacts to the use and occupation of adjacent properties, including impacts from the emission or creation of noise, vibration, odor, radiation, fire, explosive hazards, or glare. Nothing in this section is intended to alter, change, modify or abrogate any authority granted exclusively to any State commission, or to exempt developers, property owners, or lessees from all other relevant regulations. These standards do not apply to construction sites.

A.

Noise. No activity or use may be conducted in a manner that generates a level of sound, which at any property line shall be considered a nuisance, as defined in Chapter 13 (Nuisances) of the City of Thibodaux Code of Ordinances.

B.

Glare, heat and vibration. Any activity or the operation of any use that produces glare, heat, or vibration must be conducted so that no glare, heat, or vibration from the activity or operation is detectable from any point at the property line.

C.

Dust and air pollution. Dust and other types of air pollution, borne by the wind from sources such as storage areas, yards, conveying equipment and the like, within lot boundaries, must be kept to a minimum by appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting or other acceptable means.

D.

Radioactive, toxic and hazardous waste. The discharge of fluid and the disposal of solid radioactive, toxic, and hazardous waste materials must comply with all applicable federal, state and local laws and regulations governing such materials or waste. No operation that produces radioactive, toxic, and/or hazardous materials may commence without prior notice to the City as required by all local, state, and federal regulations. Radioactive, toxic and hazardous materials and waste must be transported, stored, and used in conformance with all applicable federal, state, and local laws.

E.

Odors. Any condition or operation that results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public, or that interferes unreasonably with the comfort of the public, must be removed, stopped, or modified so as to remove the odor.

F.

Fire and explosive hazards. Materials that present potential fire and explosive hazards must be transported, stored, and used only in conformance with all applicable federal, state, and local regulations.

G.

Proper drainage. The operation of any use in any district must provide for adequate stormwater drainage of the site and be designed to prevent overloading of the capacity of the drainage system.

Sec. 604. - Use of land and structures.

A.

Number of structures on a lot. In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this Ordinance shall be met.

B.

Frontage on a public or private street. All lots must front on a public or private street and all structures shall be located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

C.

Applicability of bulk and yard requirements. All structures erected after the effective date of this Ordinance must meet the bulk and yard requirements for the zoning district in which the structure is located. No existing structure may be enlarged, altered, reconstructed or relocated in such a manner that conflicts with the requirements of the zoning district in which the structure is located, unless a variance is approved by the Board of Adjustment.

Sec. 605. - Exterior lighting.

A.

Light trespass and distraction.

1.

No exterior lighting may glare into, or upon, the neighboring properties or any residential premises. In addition, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public streets.

2.

Specifically, the following types of light trespass are prohibited:

a.

Any light not designed for roadway illumination that produces direct or reflected glare that could disturb the operator of a motor vehicle.

b.

Any light that may be confused with, or construed as, a traffic controls device, except as authorized by state, federal or local government.

B.

Unshielded light. The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires, or other type of support, are prohibited, except on a temporary basis in areas where approved fairs, Christmas tree sales, or similar activities are held and only when such activities are taking place.

Sec. 606. - Accessory structures and uses.

A.

Accessory buildings or uses customarily incidental to permitted uses or special exceptions, such as detached garages, sheds, carports, etc., are allowed in all zoning districts.

B.

No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within five (5) feet of any other building.

Sec. 607. - Supplemental height, yard and open space regulations.

A.

Exceptions to height regulations. The height limitations contained in the schedule of district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

B.

Supplementary yard regulations.

1.

Front yard sight lines. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of thirty (30) inches, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights of thirty (30) inches.

2.

Through lots. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Zoning Administrator may waive the requirement for a standard front yard and substitute a yard requirement which shall not exceed the average of the yards provided on adjacent lots.

3.

Corner lots.

a.

In the case of corner lots that do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second yard of fifteen (15) feet shall be provided on the other frontage.

b.

In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of fifteen (15) feet shall be provided on the other frontage.

c.

In the case of corner lots with more than two frontages, the Zoning Administrator shall determine the front yard requirements, subject to the following limitations:

i.

At least one front yard shall be provided having the full depth required generally in the district.

ii.

No other front yard on such lot shall have less than half the full depth required generally.

4.

Special yards. A yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the Zoning Administrator shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.

C.

Architectural projections into required yards.

1.

Every part of a required yard shall be open and unobstructed from the ground to the sky except for permitted accessory structures for the ordinary projections of sills, belt courses, cornices, buttresses, eaves, and similar architectural features, provided that such projections shall not extend more than two feet (2') into any required yard.

2.

Open fire escapes may extend into any required yard not more than three and one-half feet (3.5').

3.

Open air carports and patio covers, when attached to the main dwelling unit may occupy any required yard under the following circumstances:

a.

The carport is no closer than five feet (5') to the side or rear property line; and/or

b.

The carport is no closer than ten feet (10') to the street right-of-way line.

Sec. 608. - Visibility at intersections and screening.

A.

Visibility.

1.

On all corner lots (the intersection of two streets) a clear sight triangle is required where nothing shall be erected, placed, planted or allowed to grow to more than thirty (30) inches in height above the center line grade of the intersecting street in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty (50) feet from the point of the intersection Within this area all established street trees interfering with the clear sight triangle must be maintained by the property owner and must be kept free of foliage for ten (10) feet measured up from the base of the tree.

2.

At the intersection of all driveways and streets a clear sight triangle is required where nothing shall be erected, placed, planted or allowed to grow to more than thirty (30) inches in height within fifteen (15) feet of the intersection of the street and driveway. Within this area all established street trees interfering with the clear sight triangle must be maintained by the property owner and must be kept free of foliage for seven (7) feet measured up from the base of the tree.

B.

Screening.

1.

Purpose. The purpose of this section is to protect the privacy and value of adjacent permitted uses, and to provide standards on the location and type of various screening devices to be used when required in the various zoning districts.

2.

Service areas.

a.

Trash collection, trash compaction, recycling collection and other similar service areas must be located on the side or rear of the building and must be effectively screened from view from residential properties and public rights-of-way.

b.

Enclosures must be fully screened by opaque walls or fences at least six (6) feet high with self-closing access doors. Wall or fence materials must be compatible with the primary structure.

3.

Loading areas and parking lots.

a.

All loading areas visible from residential property or public rights-of-way must provide a one hundred percent (100%) opaque, year-round screen.

b.

All parking lots for more than ten (10) vehicles that are closer than twenty (20) feet to any dwelling unit, school, or hospital located on an adjacent lot must provide a provide a one hundred percent (100%) opaque, year-round screen.

c.

This screen must consist of walls, fences, plant materials or a combination totaling six (6) feet in height at installation. Wall or fence materials must be compatible with the primary structure.

4.

Mechanical equipment.

a.

All roof-mounted mechanical equipment (e.g. air conditioning equipment, compressors, duct work, transformers or elevator equipment) must be screened from ground level view from residential districts or public rights-of-way.

b.

Roof-mounted mechanical equipment must be shielded from view on all sides. Screening materials must be consistent with the primary building materials, and may include metal screening or louvers painted to blend with the primary structure.

5.

Utilities. With the exception of those located in the right-of-way, all above-ground utilities and appurtenances to underground utilities which require above-ground installation must be screened by a continuous planting of shrubs, with a minimum mature height equal to that of the utility structure. Required access points to these utilities are exempt from screening.

(Ord. No. 2762, 1-6-15)

Sec. 609. - Fences.

A.

General requirements.

1.

Notwithstanding other provisions of this Ordinance, fences and walls may be permitted in any required yard or along the edge of any yard, provided that no fence or wall exceeds eight (8) feet in height. A fence or wall along the front edge of any required front yard must not exceed two and one-half (2.5) feet in height.

2.

All commercial and industrial uses shall have all enclosed outdoor storage and materials within a fenced area at least eight feet (8') in height. The fence shall be solid along the rear and side property lines and open along the front property lines.

3.

All fences and walls must be constructed of high quality materials including one or a combination of decorative blocks, brick, stone, cast-stone, split-faced block, stucco over standard concrete masonry blocks, treated wood, wrought iron, chain link, or other material approved by the Administrator. No wall containing more than fifty (50) percent exposed standard concrete masonry blocks may be allowed, whether painted or not.

4.

All fences must be maintained in a clean, orderly and stable condition at the expense of the owner, lessee or a designee.

B.

Swimming pool fences.

1.

All swimming pools or other outside bodies of water with a depth greater than eighteen (18) inches, deigned or used for swimming, dipping or immersion purposes shall be completely enclosed with fence or walls not less than five (5) feet in height with no openings greater than four (4) inches.

2.

Walls of buildings may be used as part of the enclosure.

3.

All gates shall be equipped with self-closing and self-latching devices.

4.

Other protective devices or structures may be used as long as the degree of protection afforded by the substitute devices or structures is not less than the fence, gate and latch described herein.

5.

Every swimming pool owner shall keep said fences, gates and doors in a state of repair, and shall keep said gates closed at all times.

6.

No variance of this section shall be granted.

C.

Prohibited fences.

1.

No wall or fence may be located within any required drainage, utility or similar easement.

2.

Electrified fences and concertina wire are not allowed.