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

Thibodaux Zoning Review 2010Comparable Cities – Variance RequirementsCity of HammondThe planning commission of the City of Hammond acts asthe board of adjustments. As the board of adjustment, it does notappear to have the power to vary uses, only dimensional requirements.However, it does have the power to interpret the zoningordinance. This is a common power delegated to the many boardsof adjustments but absent in Thibodaux’s ordinance. It seems tobe an extension of the notion that the board is hearing appealsfrom a decision of the administrator.City of RustonRuston provides for both special permits and variances.However in most of the zoning districts, the kinds of uses thatcan be granted as special exceptions are identified. An examplefrom the D-1-B light industrial/business district is provided.City of PinevilleThe Pineville City Council acts as the board of adjustmentsand hears all appeals.CommentsNone of the comparable communities had language like thatcausing confusion in Thibodaux as far as could be ascertained.Zoning decisions cannot be arbitrary and capricious. They mustbe equally applied to everyone and protect the general welfareof the public. To this end, Section 1003.1 paragraph (c) requiresthat the applicant seeking the variance prove that he/she did notcause the problem prior to requesting the variance. Paragraph(d) requires the applicant to prove to the board that approval ofhis/her request would not result in the applicant receiving treatmentdifferent from others in the surrounding area and that therequest is not for a nonconforming use or structures. The onerousis on the applicant to provide proof of other similar cases thatthe board of adjustment may have approved in the past. Theseare standard questions in considering variance requests. The citymay want to consider an approach like that taken by Pinevilleand list the kinds of uses that are acceptable special exceptions.This is a common practice and could help alleviate some of theconfusion and give clear direction to the board of adjustments.HammondSECTION 5 - ADMINISTRATION AND ENFORCEMENT5.5 Powers and DutiesThe Board of Zoning Adjustments shall have the following powers and duties:(a) To hear and decide appeals involving the interpretation of any provision of this Ordinance or when it is alleged that there iserror in any order, requirement, decision, or determination made by the Building Official concerning this Ordinance.(b) Hear and decide appeals involving the boundaries of the zoning district.(c) Decide on structures and uses that are for temporary or seasonal purposes (such as Christmas tree sales or fireworks stands)that may not typically be included in the Zoning Ordinance.(d) To review and grant variances to the zoning district regulations when it is found that:• Strict application of the zoning district regulations would cause an unreasonable hardship to the property owner/owners, unless the hardship was actually created by the applicant.• There are special demonstrable circumstances or conditions applying to the land or building for which the variance issought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land orbuildings in the district, and that strict application of the provisions of this ordinance under these conditions woulddeprive the applicant of any reasonable use of such land or building.PinevilleSECTION 12. METHOD OF APPEALSAppeals to mayor and board of aldermen may be taken by any person or corporation aggrieved or affected by this ordinanceby filing of a written appeal, specifying the grounds thereof; and after due public notice said applicant will be heard at a publichearing. Upon the hearing any party may appear in person or by an attorney. The decision of the mayor and board of aldermen shallbe rendered within a reasonable time and shall be binding.48