310 West 2nd Street
P.O. Box 5418
Thibodaux, LA 70302
985-446-7218
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Public Works

1219 Henry S. Thibodeaux St.
P.O. Box 5418
Thibodaux, Louisiana 70302
Office: (985) 446-7223
Fax: (985) 446-7272  

 

 Miguel Maggio - Director
  Thibodaux Public Works Department Pubic Works - Planning and Zonning - Agendas  

Board Members Term Ends    Board Members  Term Ends
Clay Breaud (Chairman) 8/17/2015   Mark Kearns 8/13/2014
Melvin Adams 8/5/2018   Robert Mire 2/19/2018
Cheryl Thomas 5/15/2017      

     
 
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City of Thibodaux, LA

NOTICE OF PUBLIC HEARING
SPECIAL MEETING OF THE
PLANNING & ZONING COMMISSION
THIBODAUX, LOUISIANA
Wednesday, August 10, 2005

The Planning and Zoning Commission will hold a public hearing on Wednesday, August 10, 2005 at 6:00 P.M. at 310 West 2nd Street in the City Council Meeting Room (2nd story City Hall building), Thibodaux, Louisiana concerning the following: 
Meeting called to order
Pledge of Allegiance
Roll Call 
OLD BUSINESS: 
NEW BUSINESS:
  1. To consider a request by Acadia Land Surveying, LLC on behalf of J. B. Levert Land Company for sketch plat approval of Rienzi Place Subdivision, Addendum No. 1 located on the North side of Ashton Dr. approximately 125’ North of intersection of Ashton Dr. and Rosedown Dr. in Section 44, T14S – R16E, City of Thibodaux, Lafourche Parish, Louisiana.  

  2. To consider a request by Leonard Chauvin, P.E., P.L.S. on behalf of Norman Loeske, Jr. for re-division of Lot 1, Block 1 South Peltier Subdivision into Lots 1-A (municipal address of 103 Diplomat Way Road) and 1-B located in Section 61, T15S-R16E, City of Thibodaux, Lafourche Parish, Louisiana.   

  3. To consider a request by David A. Waitz Engineering & Surveying, Inc. on behalf of Allen Cortez for re-division of Lot 3 into Lots 3-A and 3-B of Audubon Properties, division of Lots A-2-B, A-2-C and B-1-A located on the Northwest side of Alice Court approximately 116’ East from intersection of Alice Dr. and Alice Court in Sections 32, 167 and 168, T15S-R16E, City of Thibodaux, Lafourche Parish, Louisiana.  

  4. To have a public hearing on the zoning district designation of “M-2” for Cameco / John Deere property under consideration for annexation to City of Thibodaux.  

  5. To consider a request by Woody Falgoust on behalf of East First Street, L.L.C. to rezone 711 East 1st Street as follows:

Exhibit “A”

East First Street , L.L.C. requests that the Board of Planning and Zoning do the following:

Item I.

1)       Rezone 711 East First Street from R-1 to C-1.

2)       Rezone 711 East First Street from R-1 to C-1 with the following restrictions: there shall be no:  a) bars and lounges; b) on-premises alcohol consumption; c) video poker; d) mobile homes; e) washaterias; and f) outdoor advertising rental, i.e. billboards.

3)       Rezone 711 East First Street from R-1 to R-4.

4)       Rezone 711 East First Street from R-1 to R-4 with the following restrictions: there shall be no a) bars and lounges; b) on-premises alcohol consumption; c) video poker; d) mobile homes; e) washaterias; and f) outdoor advertising rental, i.e. billboards.

5)   Rezone only the individual properties of 609 East First Street and 711 East First Street from R-1 to C-1.

6)   Rezone only the individual properties of 609 East First Street and 711 East First Street from R-1 to C-1 with the following restrictions: there shall be no a) bars and lounges; b) on-premises alcohol consumption; c) video poker; d) mobile homes; e) washaterias; and f) outdoor advertising rental, i.e. billboards.

7)   Rezone only the individual properties of 609 East First Street and 711 East First Street from R-1 to R-4.

8)   Rezone only the individual properties of 609 East First Street and 711 East First Street from R-1 to R-4 with the following restrictions: there shall be no a) bars and lounges;  b) on-premises alcohol consumption; c) video poker; d) mobile homes; e) washaterias; and f) outdoor advertising rental, i.e. billboards.

9)   Rezone a certain tract of batture land with its western border being the western boundary of 609 East First Street and its eastern border being the eastern boundary of 711 East First Street from R-1 and R-2 to C-1; however, the tracts of undeveloped land containing no structures shall only be able to build a structure in conformity with their current zoning designation.

10)     Rezone a certain tract of batture land with its western border being the western boundary of 609 East First Street and its eastern border being the eastern boundary of 711 East First Street from R-1 and R-2 to C-1; however, the tracts of undeveloped land containing no structures shall only be able to build a structure in conformity with their current zoning designation.  The new rezoned area shall have following restrictions: there shall be no a) bars and lounges; b) on-premises alcohol consumption; c) video poker; d) mobile homes; e) washaterias; and f) outdoor advertising rental, i.e. billboards.

11)     Rezone a certain tract of batture land with its western border being the western boundary of 609 East First Street and its eastern border being the eastern boundary of 711 East First Street from R-1 and R-2 to R-4; however, the tracts of undeveloped land containing no structures shall only be able to build a structure in conformity with their current zoning designation.

12)         Rezone a certain tract of batture land with its western border being the western boundary of 609 East First Street and its eastern border being the eastern boundary of 711 East First Street from R-1 and R-2 to a R-4; however, the tracts of undeveloped land containing no structures shall only be able to build a structure in conformity with their current zoning designation.  The new rezoned area shall have following restrictions: there shall be no a) bars and lounges; b) on-premises alcohol consumption; c) video poker; d) mobile homes; e) washaterias; and f) outdoor advertising rental, i.e. billboards.

 

To consider a request by Woody Falgoust on behalf of Cornel Martin and Cynthia Graham Martin to rezone 609 East 1st Street as follows:

Exhibit “A”

Cornel Martin and Cynthia Graham Martin requests that the Board of Planning and Zoning do the following:

Item I.

1)       Rezone 609 East First Street from R-1 to C-1.

2)   Rezone 609 East First Street from R-1 to C-1 with the following restrictions: there shall be no a) bars and lounges; b) on-premises alcohol consumption; c) video poker; d) mobile homes; e) washaterias; and f) outdoor advertising rental, i.e. billboards.

3)   Rezone 609 East First Street from R-1 to R-4.

4)   Rezone 609 East First Street from R-1 to R-4 with the following restrictions: there shall be no a) bars and lounges; b) on-premises alcohol consumption; c) video poker; d) mobile homes; e) washaterias; and f) outdoor advertising rental, i.e. billboards.

5)       Rezone only the individual properties of 609 East First Street and 711 East First Street from R-1 to C-1.

6)       Rezone only the individual properties of 609 East First Street and 711 East First Street from R-1 zone to C-1 with the following restrictions: there shall be no a) bars and lounges; b) on-premises alcohol consumption; c) video poker; d) mobile homes; e) washaterias; and f) outdoor advertising rental,i.e.billboards

7)       Rezone only the individual properties of 609 East First Street and 711 East First Street from R-1 to R-4.

8)   Rezone only the individual properties of 609 East First Street and 711 East First Street from R-1 to R-4 with the following restrictions: there shall be no a) bars and lounges; b) on-premises alcohol consumption; c) video poker; d) mobile homes; e) washaterias; and f) outdoor advertising rental, i.e. billboards.

9)   Rezone a certain tract of batture land with its western border being the western boundary of 609 East First Street and its eastern border being the eastern boundary of 711 East First Street from R-1 and R-2 to a C-1; however, the tracts of undeveloped land containing no structures shall only be able to build a structure in conformity with their current zoning designation.

 

10)     Rezone a certain tract of batture land with its western border being the western boundary of 609 East First Street and its eastern border being the eastern boundary of 711 East First Street from R-1 and R-2 to a C-1; however, the tracts of undeveloped land containing no structures shall only be able to build a structure in conformity with their current zoning designation.  The new rezoned area shall have following restrictions: there shall be no a) bars and lounges; b) on-premises alcohol consumption; c) video poker; d) mobile homes; e) washaterias; and f) outdoor advertising rental, i.e. billboards.

 

11)     Rezone a certain tract of batture land with its western border being the western boundary of 609 East First Street and its eastern border being the eastern boundary of 711 East First Street from R-1 and R-2 to R-4; however, the tracts of undeveloped land containing no structures shall only be able to build a structure in conformity with their current zoning designation.

 

12)     Rezone a certain tract of batture land with its western border being the western boundary of 609 East First Street and its eastern border being the eastern boundary of 711 East First Street from R-1 and R-2 to a R-4; however, the tracts of undeveloped land containing no structures shall only be able to build a structure in conformity with their current zoning designation.  The new rezoned area shall have following restrictions: there shall be no a) bars and lounges; b) on-premises alcohol consumption; c) video poker; d) mobile homes; e) washaterias; and f) outdoor advertising rental, i.e. billboards.

 

To consider a request by Woody Falgoust on behalf of East First Street , L.L.C. and Cornel Martin and Cynthia Graham Martin to amend the City of Thibodaux ’s zoning ordinance as follows:

 

Item II.

1)         Amend Article IV, Section 401 of the Zoning Ordinance to read as follows (blocked highlights note additions and strikethroughs note deletions):

 

Section 401. Intent.

 

Within the districts established by this ordinance or amendments that may later be adopted there exist:

(a) Lots;

(b) Structures;

(c) Uses of land and structures; and

(d) Characteristics of use; which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue within the guidelines of this Article.   until they are removed but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.

 

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

 

2)         Amend Article IV, Section 404 of the Zoning Ordinance to read as follows (blocked highlights note additions and strikethroughs note deletions):

 

Section 404. Nonconforming Structures.

 

Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

 

404.1    No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. Nonconforming structures are subject to the restrictions of the ordinance in place at the time of their construction.

 

404.2    Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

 

404.3    Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

 

3)         Amend Article IV, Section 405.1, 405.2, 405.3 and 405.4 of the Zoning Ordinance to read as follows (blocked highlights note additions and strikethroughs note deletions):

 

Section 405. Nonconforming Uses of Structures or of Structures & Premises

in Combination.

 

If lawful use involving individual structures with a replacement cost of $1,000.00 or more, or of structure and premises in combination exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

 

405.1.   No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or altered except in changing the use of the structure to a use permitted in the district in which it is located.

 

405.2.   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

 

405.3.   If no alterations are made, any nonconforming use of a structure, or structureand premises, may as a special exception be changed to another nonconforming use provided that the board of adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accord with the provisions of this ordinance.  Any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the use was allowed under the ordinance in place at the time of the building’s construction.

 

405.4.   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

 

4)         Amend Article IV, Section 405.5 of the Zoning Ordinance to read as follows (blocked highlights note additions and strikethroughs note deletions):

 

405.5  When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 6 consecutive months or for 18 months during any 3-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.  The following shall interrupt the prescription of the period of “discontinuance or abandonment”: 1) operation of the nonconforming use, without regard to the amount hours of operation per day or per week; 2) good faith repair or renovation preventing the operation of the nonconforming use; 3) the pending application of a city, state or federal permit required for operation of the nonconforming use; 4) a valid city occupancy permit or city occupancy or professional license, as long as such permit or license has not expired; 5) a pending action before the Board of Adjustments or Board of Planning & Zoning or any other municipal, state or federal board; and 6) a pending lawsuit or legal action taken in furtherance of the nonconforming use.  

 

5)         Amend Article IV, Section 405.6 of the Zoning Ordinance to read as follows (blocked highlights note additions and strikethroughs note deletions)

 

405.6.   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure without an attempt to rebuild the structure within six months shall eliminate the nonconforming status of the land.   An “attempt to rebuild” includes actual physical work on the premises, drafting of building plans, ordering of supplies, the submission of an insurance claim or the submission of a necessary permit application.  Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 per cent of the replacement cost at time of destruction.

 

6)         Amend Article IV, Section 406 of the Zoning Ordinance to read as follows (blocked highlights note additions and strikethroughs note deletions)

 

Section 406. Repairs and Maintenance.

 

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 10 per cent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

 

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. Nothing in this ordinance shall be deemed to prevent the strengthening orrestoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

 

Owners of nonconforming structures or structures containing nonconforming uses may perform the maintenance, renovation and expansion necessary to beautify, upgrade and strengthen their structures, to adapt their structures to the market and to enhance their structures’ visual contribution to the city, subject to the provisions of this ordinance, including but not limited to the sign ordinance.

 

Please note that petitioners do not seek to revise Section 402. Nonconforming Lots of Record, Section 403. Nonconforming Uses of Land (or Land with Minor Structures Only) or Section 407. Uses Under Special Exception Provisions Not Non-conforming Uses.

 


Any other matters properly brought before the Commission.


Errol J. Price
Zoning Administrator

 
 
     
 
   
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