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

Thibodaux Zoning Review 2010Comparable Cities – Nonconforming Use CodesCity of HammondHammond has groupednonconforming uses into fourcategories: Legal NonconformingUses, Legal Nonconforming Sites,Legal Nonconforming Structuresand Legal Nonconforming Lots.Comments in this report focus onlegally nonconforming uses andstructures. The City of HammondZoning Ordinance includesstandard terminology relative tothe treatment of nonconforming uses. It stipulates that a legalnonconforming use can incur damages of less than 75% of thefair market cost and still be restored to its original nonconformingcondition. Legal nonconforming status is lost afterthree months of consecutive non-use. This is the most restrictivetime period of all comparable areas. However, the ordinancedoes include an “Expanded Conditional Use” clause which originateswith the zoning board and is given final approval by thecity council. Owners of nonconforming properties left vacantfor more than three (3) consecutive months can request anExpanded Conditional Use. This status is granted to the originalowner and cannot be transferred to a new owner. The conditionaluse cannot depreciate the property values of neighboringproperties, it must protect and encourage “prosperity and generalwelfare” of the community, and it cannot be a hazard in any wayto the community in which it is located.City of RustonThe City of Ruston willconsent to the alteration, improvementor reconstruction of anexisting nonconforming structureif the cost is less than 10% of themarket value. The ordinance alsostipulates that a legally nonconformingstructure damaged due toa “fire, collapse, explosion or act ofGod, can be restored if damagesdo not exceed 60% of the market value. Section 29-10(f ) allowsfor reconstructing, repairing or rebuilding of an existing nonconforminguse that is suffering from normal wear and tear as longas such work does not exceed 10% of the market value. Theordinance allows for a one year grace period for an abandonednonconforming structure. Additionally, it, unlike the othercomparative cities, clearly defines the term “abandonment” ascan be seen in the excerpt included herein.City of PinevilleThe City of Pineville zoningordinance treats nonconforminguses in much the same way asother typical zoning ordinances.In Pineville, the building losesits nonconforming status after 12continuous calendar months ofvacancy or conforming use. Thenonconforming building cannotbe rebuilt if damages exceed 75%of the replacement value. Finally, the building or land cannot beextended or enlarged unless it is in conformance with the ordinance.This includes the addition of exterior features such asbalconies, signs and porches.CommentsWith regard to the City of Thibodaux Zoning Ordinance,Section 2200 “Grandfathering Provisions” for signs should probablybe removed to avoid confusion. Section 405’s prescriptiveperiod may be harder to enforce as monitoring activity andfrequency of use over three (3) years can be difficult, in particularin creating clearly documented information in advanceof enforcement action and most especially if no certificate ofzoning compliance was issued within three months of a change.The 18 consecutive months is simpler for both the public tounderstand and for the city to establish a good record regardingactivity. Also Section 405 allows that “destruction” of a structureis at 50% of its value. It is possible that if the city is consideringmaking the ordinance more lineate, it might want to increase thepercentage of value.The decision to adjust the nonconforming clauses ofThibodaux’s ordinance should be based upon how quickly thecity desires to move uses into conformity or how much leniencyit feels is necessary to keep a property in the market for reuse.The following pages contain excerpts from the comparablecities for comparison. Specific passages are bolded in order tohighlight text that is referred to in the narratives.12