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

2010 Thibodaux Zoning ReviewVariance RequirementsMany states have modeled their enabling zoning legislationon the “Standard State Zoning Enabling Act” first draftedin the 1920’s by the U. S. Department of Commerce. Most statesincluding Louisiana used this model in drafting state laws enablingcities and parishes/counties to adopt local zoning ordinances. The“Standard State Zoning Enabling Act” provides for the creationof a board of adjustment but it is not a required element. The sameis true of Louisiana Law, which is based on the 1920’s model. Inboth the 1920’s model and Louisiana Law, the board, although notmandatory, is set foreseen as an integral part of the administrativeprocess and great detail is provided about the board, its terms ofoffice, meetings, public hearings, records, etc. The reason may bethat an administrative appeal board was a new idea in the 1920’s. 4La. Revised Statutes 33:4727 provides for the board of adjustmentfor municipalities. The statute begins with the opening statement“The local legislative body may provide for the appointment of aboard of adjustment…..” In fact in some small towns, there is noboard and appeals are forwarded to the town council. The boardis an appeal body that hears testimony and decides if the requirementsof the zoning ordinance should be lessened to avoid unduehardship and grant a waiver or variance. Decisions must be madewithin the context of the zoning ordinance. A classic exampleof a variance would be the lessening of setback requirements onpreexisting lots that are smaller than the standard lot size of thenewer zoning ordinance. Another might be to allow a use that isin harmony with surrounding properties and upholds the intent ofthe ordinance, for example a school or church in a residential areawhere such is normally prohibited. Any rule adopted by the boardmust be approved by the governing authority prior to its beingused. A new law requiring four (4) hours of training for planningcommissioners also applies to members of a board of adjustments.City of ThibodauxThe Thibodaux zoning ordinance is based upon La. RevisedStatutes 33:4727 with the exception that it distinguishes between“special exceptions” or uses and “variances” which are specific tothe property (setbacks, heights, etc.) According to the city’s staff,there has been confusion over specific language in the Thibodauxordinance that refers to the content of applications for variances.Understanding the submitted variance requirements Section1003.1 has been the source of much confusion particularly paragraphs(c) and (d). The administration advised that most citizenssimply do not understand what it means.Section 1003.1(c) That the special conditions and circumstances do not result fromthe actions of the applicant;(d) That granting the variance requested will not confer on theapplicant any special privilege that is denied by this ordinance toother lands, structures, or buildings in the same district;or:That there are special conditions and circumstancesconcerning the particular application for which the board ofadjustment feels that the interest of zoning and the city aswell as the neighborhood would best be served by grantingthe variance.No nonconforming use of neighboring lands, structures, or buildingsin the same district, and no permitted or nonconforming useof lands, structures, or buildings in other districts shall be consideredgrounds for the issuance of a variance.Excerpts from La. R.S. 33:4727. Board of adjustment; membership; powers and procedures; appeals from decisionsA.(1) The local legislative body may provide for the appointment of a board of adjustment, and in the regulations and restrictionadopted pursuant to the authority of R.S. 33:4721 through R.S. 33:4729 may provide that the board may determine and vary theirapplication in harmony with their general purpose and intent and in accordance with general or specific rules contained therein….(5) The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to R.S. 33:4721 through33:4729; however, any rules adopted by a board of adjustment, zoning administrator, or other official or official body appointedby the governing authority shall not be effective until approved in writing by the governing authority…C. (3) The board of adjustment shall have the following powers:(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by anadministrative official in the enforcement of R.S. 33:4721 through R.S. 33:4729 or of any ordinance adopted thereto.(b) To hear and decide all matters referred to it or upon which it is required to pass under the ordinance.(c) In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strictletter of the ordinance, to vary or modify the application of any of the regulations or provisions of the ordinance relating to theuse, construction, or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed,public safety and welfare secured, and substantial justice done….4Anderson’s American Law of Zoning, Fourth Edition, Volume 1, Section 2.26. - Administration; board of adjustment47