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

2010 Thibodaux Zoning ReviewRustonExcerpt from Sec. 29-100. Board of adjustment.(b) Powers and duties. The board of adjustment shall have all of the powers and duties prescribed by law and this chapter, which aremore particularly specified as follows:(1) Interpretation. Upon appeal from a decision by an administrative official, the board of adjustment shall decide any questioninvolving the interpretation of any provisions of this chapter, including determination of the exact location of any districtboundary if there is uncertainty with respect to such district boundary location.(2) Special permits. The board of adjustment shall issue special permits for any of the uses for which this chapter requires theobtaining of such permits from the board of adjustment; or for the extension of a building or use, as such existed on September15, 1959, into a contiguous more restricted district for a distance not exceeding 100 feet, but not for any other use or purpose. Ingranting any special permit, the board of adjustment shall prescribe any conditions that it deems to be necessary to, or desirablefor, the public interest. However, no such special permit shall be granted by the board of adjustment unless it finds that the usefor which such permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public welfare, andwill be in harmony with the general purpose of this chapter. In determining its finding, the board of adjustment shall take intoaccount the character and use of adjoining buildings and buildings in the vicinity, the number of persons residing or working insuch buildings or upon such land and traffic conditions in the vicinity.(3) Variances. The board of adjustment shall vary or adapt the strict application of any of the requirements of this chapter in thecase of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby such strict applicationwould result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or buildingsinvolved, but in no other case. In granting any variance, the board of adjustment shall prescribe any conditions that it deems tobe necessary or desirable.However, no variance in the strict application of any provisions of this chapter shall be granted by the board of adjustmentunless it finds that:(a) There are special circumstances or conditions, fully described in the findings, applying to the land or building for which thevariance is sought, which circumstances or conditions are peculiar to such land or building and do not generally apply to landor buildings in the neighborhood, and that such circumstances or conditions are such that the strict application of the provisionsof this chapter would deprive the applicant of the reasonable use of such land or building.(b) For reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the minimumvariance that will accomplish such purpose.(c) The granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injuriousto the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use ofadjoining buildings and buildings in the vicinity, the board of adjustment, in determining its findings, shall take into accountthe number of persons residing or working in such buildings or upon such land, and traffic conditions in the vicinity.Excerpt from Sec. 29-51. D-1-B light industrial/business district.(c) Uses permitted in D-1-B light industrial/business districts by special permit from the board of adjustment. The following usesshall be permitted in the D-1-B light industrial/business district by special permit from the board of adjustment:(1) Alcohol manufacturing.(2) Brick, tile or terra cotta manufacturing.(3) Freight classification yard.(4) Lampblack manufacturing…….(11) Soap manufacturing.(12) Tar distillation or tar products manufacturing.(13) Wool pulling or scouring.(14) Any accessory use customarily incidental to a use authorized by this section.(15) Any other trade, industry or use that will not be more injurious, hazardous, noxious or offensive than the uses authorizedby this section.(16) Any use of a building which is permitted in a D-2 industrial district and which exists in a D-1 or D-1-B industrialdistrict on the effective date of this chapter, may be expanded by not more than 25 percent in square feet floor area orcubical content if a special permit is granted from the board of adjustment.49