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

Thibodaux Zoning Review 2010Nonconforming Use Long-term RecommendationsOption 1 Zoning Study:As aforementioned, many of the land uses in the olderneighborhoods could actually be in some stage of transitionand very different from the original uses in 1979 when thezoning ordinance was adopted. It is impossible to determinethe number of non-conforming uses and the offensive natureof each use without doing a detailed zoning study. Many of theland uses could have changed and residents within the communitymay enjoy the convenience of having the new uses nearby. Ifthe grandfathering provisions are made more restrictive, it couldcreate more vacant structures within the community. A morelenient provision could make it difficult for residents to rid theneighborhood of an egregious use. The council has the potentialto create bigger problems by changing the grandfatheringrequirements without understanding the dynamics of the neighborhood.It is possible that the current zoning should be changedto more accurately reflect the transitioning neighborhood. Therefore,it is our recommendation that the council call for a zoningstudy to be conducted within those neighborhood(s) that aregrappling with the non-conformity issue.Option 2 Mixed Use Zone:More suppleness in zoning would permit more mixed usedistricts which is a current trend in zoning and a possible longterm solution for the City of Thibodaux. Contemporary zoningtrends are shifting away from the rigid separation of uses for thesake of strict uniformity within a district. These trends embracethe fact that variation is acceptable and often desirable by thepublic. In the neighborhoods that may contain uses that wouldbe nonconforming in a traditional zoning district that requiresuniform uses (and the nonconformity is desirable), the councilshould consider a mixed use district. This avoids the creationof nonconforming uses and may also achieve a vibrant, diverseneighborhood that benefits the community. Mixed use zoningwould allow for more integration of uses within neighborhoods.Compatible development does not require identicalness. Mixeduse zones focuses on the impact, character, compatibility ofuses and urban form – which means that nonconformity maybe welcomed in a neighborhood. The primary objectives of themixed use zone are:1. Integrate Uses - Allow for a mix of uses which will makecommunities more walkable and reduce driving to work,shopping and social activities.2. Structural Life Safety – Eliminate any use that will havea negative impact on safety of the public.3. Quality of Life Issues -ǹǹ Eliminate uses involving hazardous materials, such asgasoline stations in single-family neighborhoods.ǹǹ Eliminate uses that produce significant noise, such asbody shops or paint shops within residential neighborhoods.ǹǹ Eliminate uses that have been deemed incompatiblesuch as adult entertainment establishments near schoolsor uses that have large trip generation characteristics,such as drive-through restaurants.The purpose of zoning regulations is to protect the health,safety and public welfare. As such, mixed use zones take intoaccount that not all nonconformities are harmful. Therefore,nonconformities can be separated into categories of detrimentaland benign. Detrimental nonconformities are those that have anegative impact on the health and safety of the public welfare.Examples are uses involving hazardous materials (i.e. gasolinestations in single-family neighborhoods; uses that producesignificant noise, such as body shops or paint shops, uses thathave been deemed incompatible, such as adult entertainmentestablishments near schools; or uses that have large trip generationcharacteristics, such as drive-through restaurants). Due totheir harmful impacts, detrimental nonconformities should besubject to limitations and eventual removal or modifications intocompliance with current standards. A benign nonconformitydoes not necessarily lead to eventual removal of the nonconformingsituation and does not have a negative impact on thehealth and safety. However, it may have a negative impact onpublic welfare (i.e. lack of landscaping, too few parking spaces, orminimal deviations from dimensional standards). 6 If the councilcalls for a zoning study and it is determined that the target areahas numerous commercial nonconformities near residential areas,it is highly recommended that the council consider changing thezoning to a mixed use zone.Manufactured, Mobile and Modular HomesThe Pineville overlay may be something to consider inThibodaux. This would give the city the flexibility to allowmobile and manufactured homes to co-exist with other site builthomes when the factory built models provide an appearancethat blends in with the character of the neighborhood. Modularhomes should be treated like other site-built homes.Manufactured and Mobile Homes Short-Term RecommendationOption 1 Age Limitation for Manufactured Homes:Limiting permits for new manufactured homes to those noolder than five (5) years in age would help to eliminate olderhomes that have deteriorated and perhaps don’t meet currentwind and tie-down standards. This is something that wouldbe easy to implement and might help begin to phase in newermanufactured homes that more closely resemble site builthomes.6Practice Nonconformities Issue Number 11. Zoning Practice - American Planning Associations November 200958