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

2010 Thibodaux Zoning ReviewVariance RequirementsThe basic framework for approval of zoning variances is oneestablished by state law. Confusion has arisen over the requirementsof information to be submitted for variance requests inSection 1003, particularly subsections C and D. The administrationadvised that most citizens simply do not understand whatthese paragraphs mean.Zoning decisions cannot be arbitrary and capricious. Theymust be equally applied to everyone and protect the generalwelfare of the public. To this end, subsection C requires that theapplicant seeking the variance prove that he/she did not causethe problem for which the variance is needed. That is to say, thatthe applicant is not seeking the variance after the fact. SubsectionD is requiring that the applicant prove to the board ofadjustment that their approval is not giving the applicant specialtreatment. The onerous is on the applicant to provide proofof other similar cases that the board of adjustment may haveapproved in the past. These are standard questions in consideringvariance requests.A listing of the kinds of uses that are allowed as specialexceptions by zoning district might help the board of adjustmentin its review of requests for such and give the public a betterunderstanding of what kind of requests might be made.It should also be noted that the board of zoning adjustmentsis required to obtain four hours of training on planning andzoning per the Louisiana state laws, just like planning commissioners.While not required, periodic update will help the boardstay on top of changes in the laws, court cases and other factorsthat can only improve their decision making and help thembetter understand some of the terminology used in the zoningordinance.Off Street Parking RequirementsThibodaux’s current zoning ordinance requires clinics tohave one (1) parking space for every 500 feet of gross floor area.The City of Hammond necessitates that medical clinics musthave one (1) space for every 250 square feet of building. In theCity of Pineville, the zoning ordinance stipulates that medicaland dental clinics and offices must have three (3) spaces for eachdoctor’s or dentist’s office plus one space for each examiningroom. One parking space for every 200 square feet of buildingis the parking requirement for a medical clinic within the Cityof Ruston. Moreover, Ruston allows businesses with differentpeak times to share parking thereby reducing the number ofrequired parking spaces. The applicant must provide an analysisconducted by either the Urban Land Institute or the Institute ofTraffic Engineers shared parking guides.It is difficult to determine if required parking for all medicalclinics within the City of Thibodaux will need to be increased.One successful medical clinic that exceeds its parking requirementsdoes not mean that all medical clinics will need moreparking. There are several variables to consider (i.e. type ofdoctors within a clinic, number of doctors at a clinic, location,type of patients, etc.) Increasing the number of required parkingspaces may be too much for some medical clinics and not enoughfor others. A zoning study to look at the parking needs andtrends of the various medical clinics throughout the city wouldhelp to determine the parking demands of such facilities.Maximum Lot CoverageComparable cities use their setback requirements to regulatedefine the buildable area lots. Maximum lot coverage allowsbuildings to be scaled to the lot size, a useful tool in denselydeveloped or mixed use neighborhoods that have varyinglot sizes. Use of the coverage percentage keeps structures inproportion, helping to improve the aesthetics of an area. Itis recommended that the City of Thibodaux consider addingverbiage to the existing ordinance concerning that will defineand clarify how to calculate maximum lot coverage. An examplefollows. This example is based upon definitions in use by othercommunities.Maximum Lot Coverage: The Maximum Lot Coverage will bedetermined by the summation of all covered buildings that arehabitable to a maximum of 50% (Fifty Percent) of the subject lot,and those structures that are considered accessory and detached(boat houses, pool houses, garages, etc..) will be allowed to cover amaximum of 30% (Thirty Percent) of the subject lot rear yard. Inno case will accessory structures be allowed within the front yardof any district.Note: The use of percentages of Maximum Lot Coverageshall not be misconstrued as to replace the set back requirementsdelineated within District Regulations (Maximum YardRequirements) or setbacks.Amendment ProceduresThe city’s amendment procedures appear to follow thoseoutlined in the Louisiana Revised Statutes. These are the basicprocedures all communities in the state are following. Educationis important as the rules may be amended from time to time andthe various duties of the planning commission involve similarprocedures that might be getting mixed up. SCPDC recommendspreparation of an informational brochure outlining thesteps involved in zoning changes and other matters that comebefore the board might help educate the public and be a usefultool for the commission and staff to keep abreast of changes.61