City of Thibodaux Zoning Review - South Central Planning ...

Thibodaux Zoning Review 2010City of ThibodauxAn ideal illustration of this point is the neighborhood zonedR-2 Residential which is bound by Canal Boulevard, 9th Street,McCulla and Cleveland Streets, and Gerald T. Peltier Drive. TheThibodaux Zoning Ordinance defines R-2 Residential as follows:R-2 Residential: This district allows both single-family andmultiple-family dwellings and a limited amount of servicesthat are compatible with residential living. Density is determinedand controlled by lot sizes. All “Permitted” uses in theR-1 District shall be allowed uses in R-2 District.•Permitted• Cemeteries• Multiple-family dwelling units• Single personal office for, professional and medical services•Prohibited• Adult Novelty shop• Fraternity and sorority houses• Grocery stores• Outdoor advertising• Mobile homes• Religious institutions• Social Gathering Establishments for Minors• All uses in Districts R-3 thru M-2With just a cursory review, interview subjects identified thefollowing nonconforming uses within the identified neighborhood:four (4) bars, one (1) motel, one (1) beauty shop, two(2) clothing stores, four (4) churches, Lafourche Parish MaintenanceBuilding, one (1) mason lodge, one (1) carnival kreweclubhouse, one (1) reception hall, and one (1) mechanic shop. Amore detailed land use study might reveal that far more nonconforminguses exist within this area and other areas throughoutthe older parts of the city.Consequently, participants acknowledged the challenges toowning a nonconforming building particularly structures utilizedfor commercial uses. Business owners complained that the existingregulations concerning nonconforming uses are too constrainingand inhibit economic growth. Some interview participants in thebusiness community complained that they cannot do improvementsto their buildings because it would exceed the 10% ofthe current replacement cost of the nonconforming structure.Participants also noted that if their nonconforming buildingswere damaged by fire or an act of God by more than 50% of itsreplacement cost, then it cannot be rebuilt to its original nonconformingstatus. This could mean financial ruin to the businessowner forced to endure such a tragedy. Additionally, some feltthat the six months vacancy limitation on nonconforming uses isa too restrictive time limit. A small business owner may have tobriefly cease operations due to tough economic times, hardshipsdue to a disaster or personal crisis. While the owner may havefull intentions of resuming business operations, some participantsfelt that the six month limitation did not allow enough time.Participants also noted that due to existing regulations businessowners cannot expand their nonconforming buildings to growwith current demands. They are losing money because they arenot able to compete in a competitive market. Examples cited byparticipants are as follows:A local bike shop located within an R3-Residential district.The owner has worked for the city repairing generators pre andpost Hurricane Gustav. He was nearly forced to close his businessbecause needed repairs to his shop would have been over50% of the replacement cost. Another business owner hearingof the situation and wanting to help offered his vacant buildingfor storage only to find that his building was also in nonconformingstatus. Apparently, it had been vacant beyond the six(6) months even though electricity to the building had neverbeen discontinued.A local gas station is located in an R1-Residential district asa grandfathered nonconforming use. The owner would like toadd a convenience store to his existing structure; however, he isprohibited from doing so due to the restrictions on expandingnonconforming structures. Without the convenience storeaddition, the owner may not be able to keep his business.Thibodaux’s zoning ordinance provides very detailed directionsfor treatment of nonconforming uses breaking out howlots, uses of land, structures, and structures and land together areto be treated. The ordinance appears to cover all of the requirementsbasic to treatment of nonconforming uses but the timelimitations vary for different uses and activities.Section 804 requires a zoning compliance certificate be issuedto the owner or occupants of a nonconforming use within threemonths of a change in the code creating the nonconformance. Ifthe application is not made, the ordinance language seems to indicatethat the city will assume the use is compliant. One thing thatmight be confusing however is two different prescriptive times fornonconforming uses. Section 403 stipulates that nonconforminguses of land or land with minor structures lose their nonconformingstatus if discontinued or abandoned for 18 months. Onthe other hand, Section 405 concerning nonconforming usesof structure or of structures and premises in combination hasa prescriptive period of six consecutive months or 18 monthsduring any 3-year period. Also, Section 2003 discusses a prescriptiveperiod of six months for nonconforming signs.Misconceptions RevealedInterview participants revealed several misconceptionsregarding grandfathered nonconforming uses. Some believedthat nonconforming grandfather status is lost upon the death ofthe owner or sale of the property. In the case of a condominiumor apartment, some thought that the grandfathered status is lostif one unit of the condo/apartment has more than 50% damage,and if one unit of the condo/apartment has been vacant for morethan six (6) months then it was susceptible to losing its legallynonconforming status. None of these are true based upon thelanguage found in the city zoning code. Also, some believed thatall of the public schools are in split zones. The Thibodaux ZoningOrdinance provides that the board of adjustment may permit asa special exception the extension of the regulations for lots thatare divided by district boundaries (Section 200.8).10