- USE STANDARDS
The purpose of this Section is to set forth additional requirements for certain types of uses of land. These standards are intended to ensure that the use is compatible with the surrounding area.
A.
A structure or land must be used or occupied in conformity with the regulations for the zoning district in which it is located.
B.
The sue standards of this Section apply to uses allowed in the zoning districts, whether considered permitted or conditional/ Uses must comply with all other standards of this Ordinance, including any design standards of the zoning district.
C.
Noncompliance with any of these use standards is considered a violation of this Ordinance and subject to enforcement provisions.
A.
Adult uses.
1.
Location requirements.
a.
Adult uses are prohibited within a one (1) mile radius of the following uses:
i.
Public parks, playgrounds, or libraries
ii.
Public or private elementary or secondary educational facilities
iii.
Places of worship
iv.
Child day care centers
v.
Another adult use or structure that contains an adult use
vi.
National Register of Historic Places district or site
vii.
Residential zoning district
b.
Measurement.
i.
Measurement of location shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the structure where an adult use is located or conducted to the nearest property line of the premises of a public park or playground, library, place of worship, child day care center, or educational facility.
ii.
Measurement between any two (2) adult uses shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of one (1) establishment to the exterior wall of the other establishment.
2.
Exterior requirements.
a.
It shall be unlawful for an owner or operator of an adult use to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.
b.
It shall be unlawful for the owner or operator of the adult use to allow the exterior of the adult use to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or other pictorial representations of any manner except to the extent permitted by the provisions of this Ordinance.
3.
Signage.
a.
Primary signs shall contain no photographs, silhouettes, drawings, or other pictorial representations of any manner, and may contain only the name of the enterprise.
b.
Secondary signs shall have only one (1) display surface and shall contain no photographs, silhouettes, drawings, or other pictorial representations of any manner, and may contain only the name of the enterprise.
B.
Bed and breakfast.
1.
All bed and breakfast facilities shall be operated within the principal structure and not within accessory structures.
2.
A bed and breakfast facility shall have no more than six (6) guest rooms.
3.
The maximum length of continuous stay for any guest shall be fourteen (14) days.
4.
The owner/proprietor shall live in the principal structure of the facility.
5.
Meals other than breakfast shall not be served, and shall only be served to paying overnight guests.
6.
Cooking facilities are prohibited in individual guest accommodations.
7.
Bed and breakfast facilities shall provide one (1) full bathroom per guest room, not including the owner/proprietor's bath.
8.
The bed and breakfast facilities in residential districts shall be permitted to have one (1) two-sided advertising sign, not to exceed four (4) square feet in total sign face area. Exterior signs for bed and breakfast facilities may be erected in the front yard at least ten feet (10') from the street right-of-way and shall conform to the general character of the surrounding neighborhood.
9.
No special activities may take place on the premises of the bed and breakfast in any residential district. Ancillary social gatherings, such as weddings, receptions, luncheons, fundraisers and similar events, attended by any non-lodger, may take place on the premises of a Bed and Breakfast facility within designated business districts.
C.
Day care center, adult or child.
1.
General requirements.
a.
Each day care center must comply with all applicable state and federal regulations including regulations within the Louisiana Administrative Code.
b.
The operator of any day care center must be licensed by the State of Louisiana, and must provide all permits and licenses to the City of Thibodaux Zoning Administrator before obtaining a Certificate of Occupancy.
c.
The number of children or adults permitted in a day care center is as follows:
i.
Day care center, small: Up to fifteen (15) children or adults;
ii.
Day care center, large: Sixteen (16) to fifty (50) children or adults;
2.
Adult day care center.
a.
No adult may remain on the premises of an adult day care center for more than twenty-four (24) consecutive hours in one (1) stay.
b.
A minimum of twenty-five (25) square feet of indoor space must be provided for each adult at the center, exclusive of kitchens, bathrooms, offices, halls, stairways, and storage areas.
c.
If no elevator is available, all programs and activities must be located on the ground floor.
d.
An on-site drop off and/or residential passenger zone is required. Stacked parking is permitted. The use of van or bus service is encouraged.
3.
Child day care center.
a.
No child may remain on the premises of a child day care center for more than twenty-four (24) consecutive hours in one (1) stay.
b.
The following square footage of available indoor and outdoor play/instruction area is required for each child day care center:
i.
A minimum of thirty-five (35) square feet per child of available indoor play/instruction area, which includes all indoor classrooms and play areas available for use by the children, but does not include hallways, office space, restrooms, storage or food preparations areas. If rooms are used exclusively for dining or sleeping, they are not included in the play/instruction area.
ii.
A minimum of thirty-seven and one half (37.5) square feet per child of available outdoor play area. The outdoor play area includes all outdoor play areas on the site available for use by children, but does not include any area within the required front yard. This requirement is not subject to variances. Day care centers in the CBD are exempt from this requirement.
c.
An on-site drop off and/or residential passenger zone is required. Stacked parking is permitted. The use of van or bus service is encouraged.
d.
The outdoor play area must meet the following requirements:
i.
The outdoor play area must be enclosed to protect the children from traffic hazards on- and off-site and prevent the children from leaving the premises without proper supervision.
ii.
If the child day care home is located adjacent to a residential district there must be a six-foot (6') solid fence around the play area adjacent to any abutting property line. Security fences must be provided where there are open cisterns, wells, ditches, fish ponds, swimming pools, and to separate the parking from any play area.
iii.
A shade device (shade trees, overhangs, etc.) must be provided within the outdoor play area that covers at least twenty-five percent (25%) of the outdoor play area.
iv.
Play equipment provided must be maintained in good repair, and there must be a soft surface (grass, sand, mulch, mats, etc.) under all climbing equipment.
D.
Day care home, adult or child.
1.
General requirements.
a.
Each day care home must comply with all applicable state and federal regulations, including the Louisiana Administrative Code, and must provide all permits and licenses to the City of Thibodaux Zoning Administrator before obtaining a Certificate of Occupancy.
b.
The amount of traffic or noise generated must not be excessive.
c.
The day care home must retain a residential character and must not alter the residential character of the neighborhood.
d.
Operation of the day care home must not adversely impact surrounding properties.
e.
An on-site drop-off and/or residential passenger zone must be provided. A residential driveway may be acceptable for this purpose, but may not be shared with any required parking area. The drop-off area must be located so that clients of the facility are dropped off in front of the facility; drop-off areas across the street from the facility do not meet this requirement.
f.
Up to five (5) children or adults are permitted in a day care home.
2.
Adult day care home.
a.
No adult may remain on the premises of an adult day care home for more than twenty-four (24) consecutive hours in one (1) stay.
b.
A minimum of twenty-five (25) square feet of indoor space must be provided for each adult at the center, exclusive of kitchens, bathrooms, offices, halls, stairways, and storage areas.
3.
Child day care home.
a.
No child may remain on the premises of a child day care home for more than twenty-four (24) consecutive hours in one (1) stay.
b.
The following square footage of available indoor and outdoor play/instruction area is required for each child day care center:
i.
A minimum of thirty-five (35) square feet per child of available indoor play/instruction area, which includes all indoor classrooms and play areas available for use by the children, but does not include hallways, office space, restrooms, storage or food preparations areas. If rooms are used exclusively for dining or sleeping, they are not included in the play/instruction area.
ii.
A minimum of thirty-seven and one half (37.5) square feet per child of available outdoor play area. The outdoor play area includes all outdoor play areas on the site available for use by children, but does not include any area within the required front yard. This requirement is not subject to variances.
c.
The outdoor play area must meet the following requirements:
i.
The outdoor play area must be enclosed to protect the children from traffic hazards on- and off-site and prevent the children from leaving the premises without proper supervision.
ii.
If the child day care home is located adjacent to a residential district there must be a six-foot (6') solid fence around the play area adjacent to any abutting property line. Security fences must be provided where there are open cisterns, wells, ditches, fish ponds, swimming pools, and to separate the parking from any play area.
iii.
A shade device (shade trees, overhangs, etc.) must be provided within the outdoor play area that covers at least twenty-five percent (25%) of the outdoor play area.
iv.
Play equipment provided must be maintained in good repair, and there must be a soft surface (grass, sand, mulch, mats, etc.) under all climbing equipment.
E.
Group homes.
1.
Group homes must be licensed by the State of Louisiana.
2.
Group homes are subject to all local and federal regulations, and the regulations of the Louisiana Administrative Code.
3.
Group homes must be located no closer than one thousand feet (1,000') from any other existing group home, as measured from a point of the lot line on which the use is proposed to be located to the nearest point on the lot line on which any other existing similar use is located.
4.
A group home must encompass the entire structure.
5.
The location, design and operation of a group home must not alter the residential character of a neighborhood. The facility must retain a residential character, which must be compatible with the surrounding neighborhood in scale and appearance.
6.
Group homes are divided into the following sizes:
a.
Small group homes: Up to six (6) residents;
b.
Large group homes: Seven (7) to twelve (12) residents.
F.
Home occupation. An occupation conducted in a dwelling unit, provided that:
1.
No persons other than members of the family residing on the premises shall be engaged in such occupation.
2.
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
3.
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non-illuminated, and mounted flat against the wall of the principal building.
4.
No home occupation shall be conducted in any accessory building.
5.
No display of products shall be visible from the street and only articles made on the premises may be sold on the premises.
6.
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
7.
No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors, electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
G.
Institutional campuses.
1.
Access and circulation.
a.
Principal access points to the district from public streets shall be from arterial streets.
b.
Individual uses shall take access via an internal street system, which shall be designed to keep trips from one use to another within the district off of adjacent street.
c.
Notwithstanding Section 803.G.1.b, emergency room access may be taken from a collector street to facilitate improves response times.
d.
A pedestrian system shall be developed that provides for connections between buildings and between parking areas and buildings. The provision of a recreational trail and exercise trail is desirable.
2.
Landscaping.
a.
All streets (public or private) shall be landscaped with canopy trees and unified site landscaping.
b.
A one hundred (100) foot landscaped buffer is required between any power plant, incinerator, maintenance heliport, helipad, substance abuse centers, wastewater treatment plants, and residential zoning districts.
3.
Signage. A palette of signage with a unified design theme shall be used within the campus for wayfinding, building identification, and public safety.
4.
Lighting.
a.
Lighting of the campus shall have a unified design theme both within and at the entries to the campus.
b.
Lighting products shall minimize up-light and illuminate only the subject area to reduce glare and minimize light trespass.
c.
All pedestrian walkways, building entrances and parking areas shall be illuminated for safety.
H.
Mobile homes. Individual manufactured homes, as defined in Article II shall be allowed and sited subject to the following general requirements:
1.
Each lot shall contain no more than one (1) manufactured housing unit, and shall meet the minimum requirements of the underlying zoning district to which a conventional single-family residential dwelling on the same lot would be subjected.
2.
No manufactured housing unit shall be occupied for dwelling purposes unless it is placed on a lot of record and connected to water, sanitary sewer, electrical and other facilities as may be necessary, prior to the Zoning Administrator's inspection and approval.
3.
A manufactured home shall be used only as a single-family dwelling.
4.
The manufactured home shall be placed on an excavated and backfilled permanent foundation and enclosed with skirting at the perimeter to meet the following requirements:
a.
Individual manufactured housing units shall be skirted around the perimeter of the unit to conceal the underbody from view in a manner compatible with the appearance and construction of the manufactured housing unit.
b.
Skirting shall be vented and be manufactured of certified fire-resistant material.
c.
Skirting shall be installed in a manner to resist damage under normal weather conditions and shall be properly maintained.
d.
All skirting shall be installed before the issuance of a certificate of occupancy. In the event that such installation is delayed due to weather, or for other similar reasons, a temporary certificate of occupancy may be issued for a period not to exceed ninety (90) days.
5.
The manufactured home shall have a pitched roof, except that no standards shall require a slope of greater than a nominal three (3) feet in height for each twelve (12) feet in width.
6.
The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Zoning Administrator.
I.
Off-track betting facility.
1.
Location requirements:
a.
An off-track betting facility is prohibited within a five hundred feet (500') radius of the following uses:
i.
Public parks, playgrounds, or libraries
ii.
Public or private elementary or secondary educational facilities
iii.
Places of worship
iv.
Child day care centers
b.
An off-track betting facility is prohibited within a five hundred feet (500') radius of any residential zoning district.
c.
Measurement: Measurement of location shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the structure where an off-track betting facility is located or conducted to the nearest property line of the premises of any of the uses described I.1.a and I.1.b.
2.
It shall be unlawful for an owner or operator of an off-track betting facility to allow the activities of the establishment (including video poker) to be visible from a point outside the establishment.
3.
Primary access to an off-track betting facility shall not be located along a residential street.
J.
Restaurants.
1.
Retail sales of alcoholic beverages for consumption off-premises are prohibited.
2.
Specialty restaurants in a B-1 district are limited to the following daily hours of operation: 6:00 a.m. to 6:00 p.m..
K.
Townhouse developments.
1.
Standards.
a.
Town housing means two (2) or more attached living units with common or party side walls between units designated so that each unit may be sold independently as a lot with its own yards and parking spaces.
b.
A town house district permits the development of attached town homes compatible with the surrounding residential development. The maximum density is twelve (12) units per acre. Churches, schools, public buildings, recreational facilities and other accessory uses normally compatible with surrounding residential development may be permitted.
c.
Location: In town house zoning districts, town house projects shall front at least fifty (50) feet on a public street and be generally compatible with existing developments in the neighborhood.
d.
Procedure: Before the Planning and Zoning Commission considers an application for a town house zoning district, the applicant shall submit a preliminary subdivision layout to the zoning administrator as the first step in the procedure requirement and also meet the following design criteria. After initial review by the Zoning Administrator the preliminary layout will then be brought before the planning and zoning commission for public hearing.
2.
Site plan, lot size and area. Parking and open space provisions.
a.
Site plan and design criteria, general. It is the intent of this section that town house projects in areas where they are or may be permitted shall constitute groupings making efficient, economical, comfortable and convenient use of land and open space and serving the public purposes of zoning by means alternative to conventional arrangements of yards and buildable areas.
b.
Site plan and design criteria, details. In line with the general considerations above:
i.
Not more than six (6) contiguous town houses shall be built in a row with the same or approximately the same front building line and not more than twelve (12) town houses shall be contiguous.
ii.
Minimum width for the portion of the lot on which the town house is to be constructed shall be twenty (20) feet.
iii.
Minimum individual lot area shall be fifteen hundred (1500) square feet.
iv.
Separation requirements.
(a)
No portion of a town house or accessory structure in or related to one (1) group of contiguous town houses shall be closer than twenty (20) feet to any portion of a town house or accessory structure related to another group, or to any building outside the town house area, nor shall any structure be less than twenty (20) feet from a public street right-of-way and ten (10) feet off any side street right-of-way if said building is located on a [corner] lot. Garage entrances or parking shall be prohibited on side streets.
(b)
No portion of a duplex shall be closer than ten (10) feet to any portion of a duplex or accessory structure or to any building outside the duplex area, with no more than six (6) being contiguous; however, if more than six (6) duplexes are contiguous then there shall be a minimum separation requirement of twenty (20) feet.
v.
Yards. There shall be a twenty-five (25) foot yard along sides and rear of each town house site wherever it adjoins a lot containing single family dwellings or vacant lots in R-I, R-2, R-3 and R-4 districts and a five (5) foot side and ten (10) foot rear yard in any other circumstances not addressed herein. Each town house shall have its own lot yard space of at least two hundred (200) square foot, reasonably secluded from view from streets or from neighboring property. Such yard shall not be used for off-street parking or for an accessory building.
vi.
Grouped parking facilities. Insofar as practicable, off-street parking facilities shall be grouped in bays, either adjacent to streets or in the interior of blocks. Practicable methods of drainage shall be assured by developers in connection with common parking facilities, and all such facilities shall be improved to city standards for off-street parking areas, with at least two (2) spaces per unit on the lot plus one (1) visitor parking space per each two (2) units, which may be provided in separate areas when an adequate area for three (3) parking spaces, including garage or carport areas, is not provided on an individual lot.
c.
Drives, parking and utilities. Design and construction of drives, drainage and landscaping and location of utilities shall be subject to review and approval by the Department of Public Works before approval of the preliminary plan by the Planning and Zoning Commission.
i.
Lots may front on driveways with access to a public street by means of a private servitude of access, provided that driveways extending more than three hundred (300) feet from a public street provide adequate turning and maneuvering area in accordance with subdivision regulations. All other requirements for public streets and servitudes as set forth in the City of Thibodaux Subdivision Regulations.
ii.
Parking areas shall be at least sixty-five (65) feet wide where parking or carports are on both sides of a common driver at least forty-two (42) feet wide where there is parking on one (1) side only except where diagonal parking is to be provided, parking areas shall be at least fifty-seven (57) feet wide for parking on both sides or thirty-six (36) feet for parking on one (1) side.
iii.
Before approval of the final subdivision plans by the Planning and Zoning Commission, restrictions shall be submitted, including designation of all servitudes, lot lines, parking areas and other open space, with provision for perpetual maintenance where applicable on all improvements including pavements, utilities and services. Restrictions shall clearly indicate that the city will not accept any maintenance responsibility for private drives and parking spaces.
iv.
Servitudes in favor of the lots shall be provided at the front or rear of lots in the required front or rear yards for off-street parking and utilities, but entrances to front yard parking areas shall be not less than fifty (50) feet apart, unless an individual space is provided for each lot. Parking spaces and drives shall be constructed of concrete or asphalt.
v.
There shall be a six (6) foot high wall or solid fence along the sides and rear of the project wherever it adjoins residential lots.
vi.
Only town houses may be built in such a subdivision and the subdivision must be undertaken within six (6) months of final subdivision approval. If construction of subdivision is not undertaken within six (6) months, the Planning and Zoning Commission shall revoke approval of the subdivision unless some compelling reason can be shown for its continuance.
L.
Video poker draw devices. The provisions of the section govern the location and number of video draw poker devices in the City of Thibodaux, Louisiana.
1.
Definitions. In the construction of this Section, the following words and phrases shall have the following meanings unless the context clearly indicates otherwise:
a.
"Division" means the division in the office of state police, Department of Public Safety and corrections, that provides investigatory, regulatory, and enforcement service to the Louisiana gaming Control Board in the implementation, administration, and enforcement of the Louisiana Gaming Control Law, R.S. 27:1 et seq.
b.
"Operate", "Operation", and "Operating" mean the privilege of operating a video draw poker device in accordance with this Ordinance and the provisions of Louisiana Video Draw Poker Devices Control Law, R.S. 27:401-457.
c.
"Prohibited Property" means any property on the National Register of Historic Places and public playground, any residential property, or any building used primarily as a church, synagogue, public library or school.
d.
"Qualified Establishment" means the types of establishments that may operate video draw poker devices at their licensed establishments as provided in R.S. 27:412.
e.
"Qualified Establishment Location" means the physical location described in the video draw poker devices license of a qualified establishment where video draw poker devices may be operated.
f.
"Residential Property" means any property which is wholly or partly used for or intended to be used for living or sleeping by human occupants and which includes one or more rooms, including a bathroom and complete kitchen facilities. Residential property shall include a mobile home or manufactured housing, provided that it shall have been in its present location for at least sixty (60) days. Residential property shall not include any hotel or motel.
g.
"Video Draw Poker Device" means any unit, mechanism, or device authorized pursuant to the provisions of the Louisiana "Video Draw Poker Devices Control Law," R.S. 27:401-457, that, upon insertion of cash, is available to play or simulate the play of the game of draw poker or other card games approved by the Division utilizing a video display and microprocessors in which the player may win games or credits that can be redeemed for cash only. The term does not include a device that directly dispenses coins, cash, tokens, or anything else of value, except the ticket voucher required in accordance with the provisions of the Louisiana Video Draw Poker.
h.
Devices Control Law, R.S. 27:401-457. The term does not include any device authorized to be used in the conducting of charitable gaming. The term does not include video line up games, mechanical reel games, or any combination thereof, or any slot machine as defined in R.S. 27:353(14).
i.
"Video Draw Poker" means any card game approved by the Division that utilizes one deck of cards per hand with multiple hands permitted per game.
2.
Qualified establishment locations; prohibited distances; prohibited properties.
a.
Any qualified establishment within the City limits and within one mile of any prohibited property shall have no more than three (3) video draw poker devices in operation. The measurement of the distance shall be a straight line from the nearest point of the qualified establishment location to the nearest point of the prohibited property.
b.
Exceptions to Subsection 2.a are as follows:
i.
Any qualified establishment location within the City limits that was occupied by a qualified establishment with more than three (3) video draw poker devices in operation at the qualified establishment location on the date this Section becomes effective shall be permitted to have more than three (3) video poker devices in operation at the same qualified establishment location, regardless of the qualified establishment location's proximity to any prohibited property.
ii.
The prohibition in Subsection 2.a shall not apply to a qualified establishment location if it is within the City limits and not within one mile of any prohibited property that has more than three (3) video draw poker devices in operation when the subsequent construction, erection, development, or movement of any prohibited property causes the qualified establishment location to be within one mile of any prohibited property.
M.
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 require a special exception and shall comply with all applicable provisions of the Lot Zoning Ordinance. The following information shall also be submitted as part of the application for special exception.
1.
A site plan with existing conditions showing the following:
Ownership information for the proposed development, existing property lines and property lines extending one hundred (100) feet from the exterior boundaries including the names of adjacent property owners and the current use of those properties.
a.
Existing public and private roads, showing widths of the road and any associated easements
b.
Location and size of any abandoned wells, sewerage treatment systems
c.
Existing buildings and impervious surfaces
d.
A contour map showing typography at two (2) foot intervals. A contour map of surrounding properties may also be required.
e.
Existing vegetation (list type and percentage of coverage: i.e., cropland/plowed fields, grassland, wooded areas, etc.)
f.
Any delineated wetland boundaries
g.
A copy of the current FEMA FIRM maps that shows the subject property including the 100-year floor elevation and any regulated flood protection elevation, if available.
h.
Surface water drainage patterns
i.
The location of any subsurface drainage tiles to the extent known
2.
A conceptual site plan of proposed conditions showing the following which will not be significantly altered prior to submitting for a building permit:
a.
Location and spacing of the solar panels
b.
Location to access roads
c.
Location of underground or overhead electric lines connecting the concentrated solar energy soldering (CSES) to a building, substation or other electric load
d.
New electric equipment other than at the existing building or substation that is to be the connection point for the CSES
e.
A statement as to the tax parcels impacted by the development and the projected responsibility for payment of ad valorem real property taxes during the life of the project
f.
The minimum individual tract required shall be four (4) acres
3.
Fencing and weed/grass control:
a.
The applicant shall submit an acceptable weed/fence control plan for property inside and outside the fenced area for the entire property impacted by solar energy systems (SES) construction. The operating company during the operation of CSES shall adhere to this vegetation plan.
b.
Perimeter fencing shall have a maximum height of eight (8) feet. The fence shall contain appropriate warning signage that is posted such that it is clearly visible on the property.
4.
Setbacks and yards:
a.
Solar panels shall be setback a minimum of fifty (50) feet from all property lines of property that is not a part of the special exception permit application. Solar panels shall be kept at least one hundred (100) feet from principal residential dwellings that are not part of the special exception permit.
b.
Yards or lot coverage limits shall not apply to the solar panel installations of a CSES, however, the city may establish reasonable setbacks and drainage accommodations as may be necessary to prevent erosion and negative impacts to neighboring properties, as part of any special permit issued.
5.
Fire protection:
a.
A fire protection plan for the construction and the operation of the CSES, and emergency access to the site.
6.
Compliance with Building Code:
a.
All solar energy systems shall comply with all City of Thibodaux building and maintenance codes as well as all federal and state requirements. A final site plan will be submitted to the City of Thibodaux upon application for the project's building permit. In the event the solar panel height, layout, lot coverage or other information provided in the application for special use permit varies substantially from that approved as provided herein, pursuant to this, an amendment shall be required to the special use permit.
N.
Short Term Rentals.
1.
All short term rentals must be approved by the City of Thibodaux and obtain an occupational license. Additionally, short term rentals are subject to all permitting requirements established by the City of Thibodaux and shall comply with all of the use standards in this section and all City of Thibodaux building, fire and safety codes.
2.
Short Term Rentals shall not be permitted on parcels with multi-family dwelling units, unless the parcel is located in the CBD Downtown Zoning District.
3.
No short term rental shall be allowed on a parcel that is not in compliance with all of the relevant City of Thibodaux ordinances, including the zoning ordinance, unless the parcel is legal non-conforming in accordance with the specific standards of this ordinance, or the parcel has obtained a variance, special exception or other official approval or determination from the City of Thibodaux.
4.
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 Thibodaux City Code of Ordinances.
5.
Use of a short term rental for commercial or social events shall be prohibited.
6.
Each short term rental shall be equipped with working smoke detectors and carbon monoxide detectors.
7.
Additional signage for a short term rental is only allowed if the signage is permitted in the zoning district and in Article IX, Signs.
8.
All short term rentals existing prior to adoption of this ordinance must obtain an occupational license.
9.
All short term rentals will be subject to hotel/motel taxes.
(Ord. No. 3163, 7-6-21; Ord. No. 3246, 11-15-22)
- USE STANDARDS
The purpose of this Section is to set forth additional requirements for certain types of uses of land. These standards are intended to ensure that the use is compatible with the surrounding area.
A.
A structure or land must be used or occupied in conformity with the regulations for the zoning district in which it is located.
B.
The sue standards of this Section apply to uses allowed in the zoning districts, whether considered permitted or conditional/ Uses must comply with all other standards of this Ordinance, including any design standards of the zoning district.
C.
Noncompliance with any of these use standards is considered a violation of this Ordinance and subject to enforcement provisions.
A.
Adult uses.
1.
Location requirements.
a.
Adult uses are prohibited within a one (1) mile radius of the following uses:
i.
Public parks, playgrounds, or libraries
ii.
Public or private elementary or secondary educational facilities
iii.
Places of worship
iv.
Child day care centers
v.
Another adult use or structure that contains an adult use
vi.
National Register of Historic Places district or site
vii.
Residential zoning district
b.
Measurement.
i.
Measurement of location shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the structure where an adult use is located or conducted to the nearest property line of the premises of a public park or playground, library, place of worship, child day care center, or educational facility.
ii.
Measurement between any two (2) adult uses shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of one (1) establishment to the exterior wall of the other establishment.
2.
Exterior requirements.
a.
It shall be unlawful for an owner or operator of an adult use to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.
b.
It shall be unlawful for the owner or operator of the adult use to allow the exterior of the adult use to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or other pictorial representations of any manner except to the extent permitted by the provisions of this Ordinance.
3.
Signage.
a.
Primary signs shall contain no photographs, silhouettes, drawings, or other pictorial representations of any manner, and may contain only the name of the enterprise.
b.
Secondary signs shall have only one (1) display surface and shall contain no photographs, silhouettes, drawings, or other pictorial representations of any manner, and may contain only the name of the enterprise.
B.
Bed and breakfast.
1.
All bed and breakfast facilities shall be operated within the principal structure and not within accessory structures.
2.
A bed and breakfast facility shall have no more than six (6) guest rooms.
3.
The maximum length of continuous stay for any guest shall be fourteen (14) days.
4.
The owner/proprietor shall live in the principal structure of the facility.
5.
Meals other than breakfast shall not be served, and shall only be served to paying overnight guests.
6.
Cooking facilities are prohibited in individual guest accommodations.
7.
Bed and breakfast facilities shall provide one (1) full bathroom per guest room, not including the owner/proprietor's bath.
8.
The bed and breakfast facilities in residential districts shall be permitted to have one (1) two-sided advertising sign, not to exceed four (4) square feet in total sign face area. Exterior signs for bed and breakfast facilities may be erected in the front yard at least ten feet (10') from the street right-of-way and shall conform to the general character of the surrounding neighborhood.
9.
No special activities may take place on the premises of the bed and breakfast in any residential district. Ancillary social gatherings, such as weddings, receptions, luncheons, fundraisers and similar events, attended by any non-lodger, may take place on the premises of a Bed and Breakfast facility within designated business districts.
C.
Day care center, adult or child.
1.
General requirements.
a.
Each day care center must comply with all applicable state and federal regulations including regulations within the Louisiana Administrative Code.
b.
The operator of any day care center must be licensed by the State of Louisiana, and must provide all permits and licenses to the City of Thibodaux Zoning Administrator before obtaining a Certificate of Occupancy.
c.
The number of children or adults permitted in a day care center is as follows:
i.
Day care center, small: Up to fifteen (15) children or adults;
ii.
Day care center, large: Sixteen (16) to fifty (50) children or adults;
2.
Adult day care center.
a.
No adult may remain on the premises of an adult day care center for more than twenty-four (24) consecutive hours in one (1) stay.
b.
A minimum of twenty-five (25) square feet of indoor space must be provided for each adult at the center, exclusive of kitchens, bathrooms, offices, halls, stairways, and storage areas.
c.
If no elevator is available, all programs and activities must be located on the ground floor.
d.
An on-site drop off and/or residential passenger zone is required. Stacked parking is permitted. The use of van or bus service is encouraged.
3.
Child day care center.
a.
No child may remain on the premises of a child day care center for more than twenty-four (24) consecutive hours in one (1) stay.
b.
The following square footage of available indoor and outdoor play/instruction area is required for each child day care center:
i.
A minimum of thirty-five (35) square feet per child of available indoor play/instruction area, which includes all indoor classrooms and play areas available for use by the children, but does not include hallways, office space, restrooms, storage or food preparations areas. If rooms are used exclusively for dining or sleeping, they are not included in the play/instruction area.
ii.
A minimum of thirty-seven and one half (37.5) square feet per child of available outdoor play area. The outdoor play area includes all outdoor play areas on the site available for use by children, but does not include any area within the required front yard. This requirement is not subject to variances. Day care centers in the CBD are exempt from this requirement.
c.
An on-site drop off and/or residential passenger zone is required. Stacked parking is permitted. The use of van or bus service is encouraged.
d.
The outdoor play area must meet the following requirements:
i.
The outdoor play area must be enclosed to protect the children from traffic hazards on- and off-site and prevent the children from leaving the premises without proper supervision.
ii.
If the child day care home is located adjacent to a residential district there must be a six-foot (6') solid fence around the play area adjacent to any abutting property line. Security fences must be provided where there are open cisterns, wells, ditches, fish ponds, swimming pools, and to separate the parking from any play area.
iii.
A shade device (shade trees, overhangs, etc.) must be provided within the outdoor play area that covers at least twenty-five percent (25%) of the outdoor play area.
iv.
Play equipment provided must be maintained in good repair, and there must be a soft surface (grass, sand, mulch, mats, etc.) under all climbing equipment.
D.
Day care home, adult or child.
1.
General requirements.
a.
Each day care home must comply with all applicable state and federal regulations, including the Louisiana Administrative Code, and must provide all permits and licenses to the City of Thibodaux Zoning Administrator before obtaining a Certificate of Occupancy.
b.
The amount of traffic or noise generated must not be excessive.
c.
The day care home must retain a residential character and must not alter the residential character of the neighborhood.
d.
Operation of the day care home must not adversely impact surrounding properties.
e.
An on-site drop-off and/or residential passenger zone must be provided. A residential driveway may be acceptable for this purpose, but may not be shared with any required parking area. The drop-off area must be located so that clients of the facility are dropped off in front of the facility; drop-off areas across the street from the facility do not meet this requirement.
f.
Up to five (5) children or adults are permitted in a day care home.
2.
Adult day care home.
a.
No adult may remain on the premises of an adult day care home for more than twenty-four (24) consecutive hours in one (1) stay.
b.
A minimum of twenty-five (25) square feet of indoor space must be provided for each adult at the center, exclusive of kitchens, bathrooms, offices, halls, stairways, and storage areas.
3.
Child day care home.
a.
No child may remain on the premises of a child day care home for more than twenty-four (24) consecutive hours in one (1) stay.
b.
The following square footage of available indoor and outdoor play/instruction area is required for each child day care center:
i.
A minimum of thirty-five (35) square feet per child of available indoor play/instruction area, which includes all indoor classrooms and play areas available for use by the children, but does not include hallways, office space, restrooms, storage or food preparations areas. If rooms are used exclusively for dining or sleeping, they are not included in the play/instruction area.
ii.
A minimum of thirty-seven and one half (37.5) square feet per child of available outdoor play area. The outdoor play area includes all outdoor play areas on the site available for use by children, but does not include any area within the required front yard. This requirement is not subject to variances.
c.
The outdoor play area must meet the following requirements:
i.
The outdoor play area must be enclosed to protect the children from traffic hazards on- and off-site and prevent the children from leaving the premises without proper supervision.
ii.
If the child day care home is located adjacent to a residential district there must be a six-foot (6') solid fence around the play area adjacent to any abutting property line. Security fences must be provided where there are open cisterns, wells, ditches, fish ponds, swimming pools, and to separate the parking from any play area.
iii.
A shade device (shade trees, overhangs, etc.) must be provided within the outdoor play area that covers at least twenty-five percent (25%) of the outdoor play area.
iv.
Play equipment provided must be maintained in good repair, and there must be a soft surface (grass, sand, mulch, mats, etc.) under all climbing equipment.
E.
Group homes.
1.
Group homes must be licensed by the State of Louisiana.
2.
Group homes are subject to all local and federal regulations, and the regulations of the Louisiana Administrative Code.
3.
Group homes must be located no closer than one thousand feet (1,000') from any other existing group home, as measured from a point of the lot line on which the use is proposed to be located to the nearest point on the lot line on which any other existing similar use is located.
4.
A group home must encompass the entire structure.
5.
The location, design and operation of a group home must not alter the residential character of a neighborhood. The facility must retain a residential character, which must be compatible with the surrounding neighborhood in scale and appearance.
6.
Group homes are divided into the following sizes:
a.
Small group homes: Up to six (6) residents;
b.
Large group homes: Seven (7) to twelve (12) residents.
F.
Home occupation. An occupation conducted in a dwelling unit, provided that:
1.
No persons other than members of the family residing on the premises shall be engaged in such occupation.
2.
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
3.
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non-illuminated, and mounted flat against the wall of the principal building.
4.
No home occupation shall be conducted in any accessory building.
5.
No display of products shall be visible from the street and only articles made on the premises may be sold on the premises.
6.
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
7.
No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors, electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
G.
Institutional campuses.
1.
Access and circulation.
a.
Principal access points to the district from public streets shall be from arterial streets.
b.
Individual uses shall take access via an internal street system, which shall be designed to keep trips from one use to another within the district off of adjacent street.
c.
Notwithstanding Section 803.G.1.b, emergency room access may be taken from a collector street to facilitate improves response times.
d.
A pedestrian system shall be developed that provides for connections between buildings and between parking areas and buildings. The provision of a recreational trail and exercise trail is desirable.
2.
Landscaping.
a.
All streets (public or private) shall be landscaped with canopy trees and unified site landscaping.
b.
A one hundred (100) foot landscaped buffer is required between any power plant, incinerator, maintenance heliport, helipad, substance abuse centers, wastewater treatment plants, and residential zoning districts.
3.
Signage. A palette of signage with a unified design theme shall be used within the campus for wayfinding, building identification, and public safety.
4.
Lighting.
a.
Lighting of the campus shall have a unified design theme both within and at the entries to the campus.
b.
Lighting products shall minimize up-light and illuminate only the subject area to reduce glare and minimize light trespass.
c.
All pedestrian walkways, building entrances and parking areas shall be illuminated for safety.
H.
Mobile homes. Individual manufactured homes, as defined in Article II shall be allowed and sited subject to the following general requirements:
1.
Each lot shall contain no more than one (1) manufactured housing unit, and shall meet the minimum requirements of the underlying zoning district to which a conventional single-family residential dwelling on the same lot would be subjected.
2.
No manufactured housing unit shall be occupied for dwelling purposes unless it is placed on a lot of record and connected to water, sanitary sewer, electrical and other facilities as may be necessary, prior to the Zoning Administrator's inspection and approval.
3.
A manufactured home shall be used only as a single-family dwelling.
4.
The manufactured home shall be placed on an excavated and backfilled permanent foundation and enclosed with skirting at the perimeter to meet the following requirements:
a.
Individual manufactured housing units shall be skirted around the perimeter of the unit to conceal the underbody from view in a manner compatible with the appearance and construction of the manufactured housing unit.
b.
Skirting shall be vented and be manufactured of certified fire-resistant material.
c.
Skirting shall be installed in a manner to resist damage under normal weather conditions and shall be properly maintained.
d.
All skirting shall be installed before the issuance of a certificate of occupancy. In the event that such installation is delayed due to weather, or for other similar reasons, a temporary certificate of occupancy may be issued for a period not to exceed ninety (90) days.
5.
The manufactured home shall have a pitched roof, except that no standards shall require a slope of greater than a nominal three (3) feet in height for each twelve (12) feet in width.
6.
The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Zoning Administrator.
I.
Off-track betting facility.
1.
Location requirements:
a.
An off-track betting facility is prohibited within a five hundred feet (500') radius of the following uses:
i.
Public parks, playgrounds, or libraries
ii.
Public or private elementary or secondary educational facilities
iii.
Places of worship
iv.
Child day care centers
b.
An off-track betting facility is prohibited within a five hundred feet (500') radius of any residential zoning district.
c.
Measurement: Measurement of location shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the structure where an off-track betting facility is located or conducted to the nearest property line of the premises of any of the uses described I.1.a and I.1.b.
2.
It shall be unlawful for an owner or operator of an off-track betting facility to allow the activities of the establishment (including video poker) to be visible from a point outside the establishment.
3.
Primary access to an off-track betting facility shall not be located along a residential street.
J.
Restaurants.
1.
Retail sales of alcoholic beverages for consumption off-premises are prohibited.
2.
Specialty restaurants in a B-1 district are limited to the following daily hours of operation: 6:00 a.m. to 6:00 p.m..
K.
Townhouse developments.
1.
Standards.
a.
Town housing means two (2) or more attached living units with common or party side walls between units designated so that each unit may be sold independently as a lot with its own yards and parking spaces.
b.
A town house district permits the development of attached town homes compatible with the surrounding residential development. The maximum density is twelve (12) units per acre. Churches, schools, public buildings, recreational facilities and other accessory uses normally compatible with surrounding residential development may be permitted.
c.
Location: In town house zoning districts, town house projects shall front at least fifty (50) feet on a public street and be generally compatible with existing developments in the neighborhood.
d.
Procedure: Before the Planning and Zoning Commission considers an application for a town house zoning district, the applicant shall submit a preliminary subdivision layout to the zoning administrator as the first step in the procedure requirement and also meet the following design criteria. After initial review by the Zoning Administrator the preliminary layout will then be brought before the planning and zoning commission for public hearing.
2.
Site plan, lot size and area. Parking and open space provisions.
a.
Site plan and design criteria, general. It is the intent of this section that town house projects in areas where they are or may be permitted shall constitute groupings making efficient, economical, comfortable and convenient use of land and open space and serving the public purposes of zoning by means alternative to conventional arrangements of yards and buildable areas.
b.
Site plan and design criteria, details. In line with the general considerations above:
i.
Not more than six (6) contiguous town houses shall be built in a row with the same or approximately the same front building line and not more than twelve (12) town houses shall be contiguous.
ii.
Minimum width for the portion of the lot on which the town house is to be constructed shall be twenty (20) feet.
iii.
Minimum individual lot area shall be fifteen hundred (1500) square feet.
iv.
Separation requirements.
(a)
No portion of a town house or accessory structure in or related to one (1) group of contiguous town houses shall be closer than twenty (20) feet to any portion of a town house or accessory structure related to another group, or to any building outside the town house area, nor shall any structure be less than twenty (20) feet from a public street right-of-way and ten (10) feet off any side street right-of-way if said building is located on a [corner] lot. Garage entrances or parking shall be prohibited on side streets.
(b)
No portion of a duplex shall be closer than ten (10) feet to any portion of a duplex or accessory structure or to any building outside the duplex area, with no more than six (6) being contiguous; however, if more than six (6) duplexes are contiguous then there shall be a minimum separation requirement of twenty (20) feet.
v.
Yards. There shall be a twenty-five (25) foot yard along sides and rear of each town house site wherever it adjoins a lot containing single family dwellings or vacant lots in R-I, R-2, R-3 and R-4 districts and a five (5) foot side and ten (10) foot rear yard in any other circumstances not addressed herein. Each town house shall have its own lot yard space of at least two hundred (200) square foot, reasonably secluded from view from streets or from neighboring property. Such yard shall not be used for off-street parking or for an accessory building.
vi.
Grouped parking facilities. Insofar as practicable, off-street parking facilities shall be grouped in bays, either adjacent to streets or in the interior of blocks. Practicable methods of drainage shall be assured by developers in connection with common parking facilities, and all such facilities shall be improved to city standards for off-street parking areas, with at least two (2) spaces per unit on the lot plus one (1) visitor parking space per each two (2) units, which may be provided in separate areas when an adequate area for three (3) parking spaces, including garage or carport areas, is not provided on an individual lot.
c.
Drives, parking and utilities. Design and construction of drives, drainage and landscaping and location of utilities shall be subject to review and approval by the Department of Public Works before approval of the preliminary plan by the Planning and Zoning Commission.
i.
Lots may front on driveways with access to a public street by means of a private servitude of access, provided that driveways extending more than three hundred (300) feet from a public street provide adequate turning and maneuvering area in accordance with subdivision regulations. All other requirements for public streets and servitudes as set forth in the City of Thibodaux Subdivision Regulations.
ii.
Parking areas shall be at least sixty-five (65) feet wide where parking or carports are on both sides of a common driver at least forty-two (42) feet wide where there is parking on one (1) side only except where diagonal parking is to be provided, parking areas shall be at least fifty-seven (57) feet wide for parking on both sides or thirty-six (36) feet for parking on one (1) side.
iii.
Before approval of the final subdivision plans by the Planning and Zoning Commission, restrictions shall be submitted, including designation of all servitudes, lot lines, parking areas and other open space, with provision for perpetual maintenance where applicable on all improvements including pavements, utilities and services. Restrictions shall clearly indicate that the city will not accept any maintenance responsibility for private drives and parking spaces.
iv.
Servitudes in favor of the lots shall be provided at the front or rear of lots in the required front or rear yards for off-street parking and utilities, but entrances to front yard parking areas shall be not less than fifty (50) feet apart, unless an individual space is provided for each lot. Parking spaces and drives shall be constructed of concrete or asphalt.
v.
There shall be a six (6) foot high wall or solid fence along the sides and rear of the project wherever it adjoins residential lots.
vi.
Only town houses may be built in such a subdivision and the subdivision must be undertaken within six (6) months of final subdivision approval. If construction of subdivision is not undertaken within six (6) months, the Planning and Zoning Commission shall revoke approval of the subdivision unless some compelling reason can be shown for its continuance.
L.
Video poker draw devices. The provisions of the section govern the location and number of video draw poker devices in the City of Thibodaux, Louisiana.
1.
Definitions. In the construction of this Section, the following words and phrases shall have the following meanings unless the context clearly indicates otherwise:
a.
"Division" means the division in the office of state police, Department of Public Safety and corrections, that provides investigatory, regulatory, and enforcement service to the Louisiana gaming Control Board in the implementation, administration, and enforcement of the Louisiana Gaming Control Law, R.S. 27:1 et seq.
b.
"Operate", "Operation", and "Operating" mean the privilege of operating a video draw poker device in accordance with this Ordinance and the provisions of Louisiana Video Draw Poker Devices Control Law, R.S. 27:401-457.
c.
"Prohibited Property" means any property on the National Register of Historic Places and public playground, any residential property, or any building used primarily as a church, synagogue, public library or school.
d.
"Qualified Establishment" means the types of establishments that may operate video draw poker devices at their licensed establishments as provided in R.S. 27:412.
e.
"Qualified Establishment Location" means the physical location described in the video draw poker devices license of a qualified establishment where video draw poker devices may be operated.
f.
"Residential Property" means any property which is wholly or partly used for or intended to be used for living or sleeping by human occupants and which includes one or more rooms, including a bathroom and complete kitchen facilities. Residential property shall include a mobile home or manufactured housing, provided that it shall have been in its present location for at least sixty (60) days. Residential property shall not include any hotel or motel.
g.
"Video Draw Poker Device" means any unit, mechanism, or device authorized pursuant to the provisions of the Louisiana "Video Draw Poker Devices Control Law," R.S. 27:401-457, that, upon insertion of cash, is available to play or simulate the play of the game of draw poker or other card games approved by the Division utilizing a video display and microprocessors in which the player may win games or credits that can be redeemed for cash only. The term does not include a device that directly dispenses coins, cash, tokens, or anything else of value, except the ticket voucher required in accordance with the provisions of the Louisiana Video Draw Poker.
h.
Devices Control Law, R.S. 27:401-457. The term does not include any device authorized to be used in the conducting of charitable gaming. The term does not include video line up games, mechanical reel games, or any combination thereof, or any slot machine as defined in R.S. 27:353(14).
i.
"Video Draw Poker" means any card game approved by the Division that utilizes one deck of cards per hand with multiple hands permitted per game.
2.
Qualified establishment locations; prohibited distances; prohibited properties.
a.
Any qualified establishment within the City limits and within one mile of any prohibited property shall have no more than three (3) video draw poker devices in operation. The measurement of the distance shall be a straight line from the nearest point of the qualified establishment location to the nearest point of the prohibited property.
b.
Exceptions to Subsection 2.a are as follows:
i.
Any qualified establishment location within the City limits that was occupied by a qualified establishment with more than three (3) video draw poker devices in operation at the qualified establishment location on the date this Section becomes effective shall be permitted to have more than three (3) video poker devices in operation at the same qualified establishment location, regardless of the qualified establishment location's proximity to any prohibited property.
ii.
The prohibition in Subsection 2.a shall not apply to a qualified establishment location if it is within the City limits and not within one mile of any prohibited property that has more than three (3) video draw poker devices in operation when the subsequent construction, erection, development, or movement of any prohibited property causes the qualified establishment location to be within one mile of any prohibited property.
M.
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 require a special exception and shall comply with all applicable provisions of the Lot Zoning Ordinance. The following information shall also be submitted as part of the application for special exception.
1.
A site plan with existing conditions showing the following:
Ownership information for the proposed development, existing property lines and property lines extending one hundred (100) feet from the exterior boundaries including the names of adjacent property owners and the current use of those properties.
a.
Existing public and private roads, showing widths of the road and any associated easements
b.
Location and size of any abandoned wells, sewerage treatment systems
c.
Existing buildings and impervious surfaces
d.
A contour map showing typography at two (2) foot intervals. A contour map of surrounding properties may also be required.
e.
Existing vegetation (list type and percentage of coverage: i.e., cropland/plowed fields, grassland, wooded areas, etc.)
f.
Any delineated wetland boundaries
g.
A copy of the current FEMA FIRM maps that shows the subject property including the 100-year floor elevation and any regulated flood protection elevation, if available.
h.
Surface water drainage patterns
i.
The location of any subsurface drainage tiles to the extent known
2.
A conceptual site plan of proposed conditions showing the following which will not be significantly altered prior to submitting for a building permit:
a.
Location and spacing of the solar panels
b.
Location to access roads
c.
Location of underground or overhead electric lines connecting the concentrated solar energy soldering (CSES) to a building, substation or other electric load
d.
New electric equipment other than at the existing building or substation that is to be the connection point for the CSES
e.
A statement as to the tax parcels impacted by the development and the projected responsibility for payment of ad valorem real property taxes during the life of the project
f.
The minimum individual tract required shall be four (4) acres
3.
Fencing and weed/grass control:
a.
The applicant shall submit an acceptable weed/fence control plan for property inside and outside the fenced area for the entire property impacted by solar energy systems (SES) construction. The operating company during the operation of CSES shall adhere to this vegetation plan.
b.
Perimeter fencing shall have a maximum height of eight (8) feet. The fence shall contain appropriate warning signage that is posted such that it is clearly visible on the property.
4.
Setbacks and yards:
a.
Solar panels shall be setback a minimum of fifty (50) feet from all property lines of property that is not a part of the special exception permit application. Solar panels shall be kept at least one hundred (100) feet from principal residential dwellings that are not part of the special exception permit.
b.
Yards or lot coverage limits shall not apply to the solar panel installations of a CSES, however, the city may establish reasonable setbacks and drainage accommodations as may be necessary to prevent erosion and negative impacts to neighboring properties, as part of any special permit issued.
5.
Fire protection:
a.
A fire protection plan for the construction and the operation of the CSES, and emergency access to the site.
6.
Compliance with Building Code:
a.
All solar energy systems shall comply with all City of Thibodaux building and maintenance codes as well as all federal and state requirements. A final site plan will be submitted to the City of Thibodaux upon application for the project's building permit. In the event the solar panel height, layout, lot coverage or other information provided in the application for special use permit varies substantially from that approved as provided herein, pursuant to this, an amendment shall be required to the special use permit.
N.
Short Term Rentals.
1.
All short term rentals must be approved by the City of Thibodaux and obtain an occupational license. Additionally, short term rentals are subject to all permitting requirements established by the City of Thibodaux and shall comply with all of the use standards in this section and all City of Thibodaux building, fire and safety codes.
2.
Short Term Rentals shall not be permitted on parcels with multi-family dwelling units, unless the parcel is located in the CBD Downtown Zoning District.
3.
No short term rental shall be allowed on a parcel that is not in compliance with all of the relevant City of Thibodaux ordinances, including the zoning ordinance, unless the parcel is legal non-conforming in accordance with the specific standards of this ordinance, or the parcel has obtained a variance, special exception or other official approval or determination from the City of Thibodaux.
4.
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 Thibodaux City Code of Ordinances.
5.
Use of a short term rental for commercial or social events shall be prohibited.
6.
Each short term rental shall be equipped with working smoke detectors and carbon monoxide detectors.
7.
Additional signage for a short term rental is only allowed if the signage is permitted in the zoning district and in Article IX, Signs.
8.
All short term rentals existing prior to adoption of this ordinance must obtain an occupational license.
9.
All short term rentals will be subject to hotel/motel taxes.
(Ord. No. 3163, 7-6-21; Ord. No. 3246, 11-15-22)