A.

Appendix I, Table A: Site Requirements by District, "Permitted Uses by District" is incorporated by reference as part of this chapter. For the purpose of this chapter, the term, "use" represents an observable characteristic of land based on actual use.

B.

Commentary. Use regulations refer to the actual use of land based on its observable characteristics. It describes what actually takes place in physical or observable terms, such as farming, shopping, manufacturing, vehicular movement. An office activity, for example, refers only to the physical activity on the premises, which could apply equally to a law firm, a nonprofit institution, a court house, a corporate office, or any other office use. Similarly, residential uses in single-family dwellings, multifamily structures, manufactured houses, or any other type of building, would all be classified as residential activity.

C.

These "use" regulations must be read by referring to Appendix I, Table A: Permitted Uses by District and section 17-2071: Use Requirements by District and subsections.

D.

Use Permitted by Right.

1.

A use denoted by the letter "A" in Appendix I, Table A: Site Requirements by district in any district is a use permitted by right, provided that all other requirements of state law and this chapter have been met and provided that a development permit has been issued in accordance with section 17-2090, administration and enforcement.

E.

Prohibited Uses.

1.

If the use has no designation in Appendix I, Table A: Site Requirements by District, it is prohibited within the district.

2.

Commentary. The only way for a development project to proceed under this circumstance is for the property owner to seek a variance or rezoning. Procedures for a variance are set forth in section 17-2090(Q).

F.

Nonconforming Uses.

1.

This ordinance does not extend to buildings or land which fail to conform to the uses set forth in this chapter on the date of enactment of this ordinance. The lawful use of any building or land existing as of the date of enactment of this ordinance may be continued, although such use does not conform with the provisions of this ordinance, provided that:

a.

No nonconforming use shall be extended to displace a conforming use.

b.

A building that contains a nonconforming use may not be reconstructed or structurally altered in excess of 50 percent of the assessed value of the building prior to construction, unless the building is changed to a conforming use approved by the Zoning Commission.

c.

A nonconforming land use maybe expanded by no more than 50 percent of the original nonconforming site.

d.

Any nonconforming structure declared unsafe by an agent of the parish may be restored to a safe condition.

e.

Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

f.

Whenever a building or land used in whole or in part for a nonconforming use becomes and remains vacant for a continuous period of 180 days, or whenever the nonconforming commercial operations carried on in such a building or on such land have been discontinued for a period of more than 180 days, subsequent use of the property must conform to the provisions of this ordinance.

g.

An abandoned nonconforming use may be re-established within 90 days after the 180th day of the abandonment upon a showing that the continuation of a conditional nonconforming use would not adversely affect the health, safety, or welfare of the public and is in substantial compliance with existing or permitted uses of adjacent properties.

h.

This section shall apply to any nonconforming uses which may arise whenever the boundaries of a district are altered.

2.

Commentary. The use regulations established by this ordinance are designed to guide future development in the parish. The ordinance groups compatible and related uses, and, through this approach, promotes and protects the public health, safety and welfare. At the effective date of this ordinance, uses which do not conform to this ordinance inevitably existed. The continuation of these uses frequently undercuts the effectiveness of the ordinance. At the same time it would be unfair to restrict these nonconforming uses heavily. The best course is to bring about the gradual elimination of these nonconforming uses. This ordinance permits nonconforming uses to continue without any specific time limits. However, the ordinance does discourage further investments in these nonconforming uses and uses of a similar nature. Such investments would make these uses more, rather than less, permanent.

(DC03-01, 1/9/03; DC07-01, 3/15/07; DC09-09, 12/17/09; 1/4/18)