This Article establishes uniform provisions for the regulation of uses, occupancies, lots, structures and signs that were lawfully established prior to the Effective Date of this Code, but would be prohibited or regulated differently under the requirements of this Code. It is the intent of this Article to encourage the conversion of nonconforming situations to conforming status.

7.2.1

Single Lot. A single lot shall not be subdivided and sold or used in any manner that would diminish compliance with the standards of this Code.

7.2.2

Abutting Lots. If a structure, use or occupancy is situated on 2 or more abutting lots or portions thereof, the land involved shall be deemed a single parcel for the purposes of this Code, and no portion of said parcel shall be sold or used in a manner that would diminish compliance with the standards of this Code.

7.3.1

Nonconforming Use or Occupancy.

A.

Only a lawful use or occupancy may be extended into any portion of a nonconforming structure or lot.

B.

A nonconforming use that occupies any portion of a structure or lot may not be expanded to occupy additional building area or land area.

C.

A nonconforming use shall not be expanded in intensity or hours of operation.

D.

The resumption of a nonconforming use may be granted by the Bossier City Council or the Bossier Parish Police Jury.

7.3.2

Nonconforming Structures.

A.

A nonconforming structure shall not be altered, enlarged, or moved unless:

1.

The action is required by law; or

2.

The moving, alteration, or enlargement will result in reduction or elimination of the nonconformity.

B.

A nonconforming structure may be enlarged in compliance with other provisions of this Code provided that the nonconformity is not increased.

7.3.3

Nonconforming On-premises Sign Structures. Permanent On-premises signs, preexisting on the Effective Date of this Code, that do not conform to the standards in Article 8 shall be deemed as nonconforming but may be continued by the current occupant under the following conditions:

A.

The sign shall be maintained as legible and in good repair, with no indication of abandonment.

B.

A nonconforming sign may be indefinitely utilized by the current occupant until:

1.

There is a change in use, ownership, new occupancy or business proprietorship that requires issuance of a new Certificate of Occupancy. Before any new Certificate of Occupancy is issued, the occupant shall either:

a.

Bring the nonconforming sign into conformity and obtain a Sign Location Permit under the provisions of Section 3.4.1; or

b.

Remove the sign; or

c.

Provide the planning department with written notice as to the timetable of complying with the above requirements. The planning office may grant an extension of up to 90 days.

7.3.4

Nonconforming Accessory Structures and Temporary Signs.

A.

Unless provided for under an ordinance or directive established prior to the Effective Date of this Code, any nonconforming temporary sign, portable sign or banner must be removed or relocated, if allowed by Article 8, within 1 year of the Effective Date of this Code.

B.

Any nonconforming temporary sign, portable sign or accessory structure put in place after the original Effective Date of this Code shall be brought into conformance or be subject to immediate removal.

7.3.5

Nonconforming Cross-Access Easements.

A.

Sites lawfully established and developed before adoption of the Cross-Access Easements provisions of Section 12.5.15.B of this Code shall be deemed nonconforming and may be continued until affected by one or more of the following conditions:

1.

The City Engineer has made a determination that a cross-access easement on the property is essential for the safety and welfare of the public;

2.

The structure or site improvements to the property, including parking area, are expanded;

3.

A change in use of the property results in increased traffic generation.

B.

Where the installation of a cross-access easement on a previously developed site results in the loss of required parking spaces or landscaping, those requirements may be reduced by the amount lost to installation of the cross-access easement.

(Ord. No. 105-2019, 10-1-2019)

7.4.1

Cessation of Nonconforming a Use, Occupancy or Sign. A nonconforming use, occupancy or sign that has been abandoned or discontinued for a period of 6 months shall not thereafter be reestablished.

7.4.2

Request for Determination of Abandonment.

A.

If a property owner believes a nonconforming use, occupancy or sign has not been abandoned, he/she may file a written request with the Metropolitan Planning Department for a determination of nonconforming use and abandonment status by the Executive Director.

B.

In the absence of a property owner request, the Executive Director may conduct a determination of any nonconforming use and abandonment status.

7.4.3

Determination of Abandonment. The Executive Director shall review the request to determine whether the nonconforming use, occupancy or sign had been abandoned. The occupant or property owner shall have the burden of establishing the intent not to have abandoned the use, occupancy or sign. The Executive Director shall set forth a decision in writing, which shall be mailed to the occupant or property owner by first class mail within 30 days of the filing of the request.

7.4.4

Appeal of Executive Director's Determination of Abandonment. Anyone may request an appeal of the Executive Director's determination to the Zoning Board of Adjustment within 10 working days of the date of mailing the written decision. Procedures for the appeal are specified in Subsection 3.6.3.

The right to operate and maintain any nonconforming use or occupancy shall terminate whenever the structure or structures in which the nonconforming situation is operated and maintained are damaged, destroyed or no longer maintained in a state of good repair.

7.5.1

If a nonconforming structure has been damaged so that the cost of repair or rebuilding in compliance with current construction codes is less than 60 percent of the replacement value of the structure prior to the damage, the structure may be restored, provided that:

A.

Restoration shall be begun within 1 year of the damage event and completed within 2 years of the damage event.

7.5.2

If a nonconforming structure has been damaged so that the cost of repair or rebuilding in compliance with current construction codes equals or exceeds 60 percent of the value of the structure prior to the damage, the structure may be repaired or rebuilt, but only in conformance with this Code.

All off-premises signs legally in existence on January 1, 1987 [the effective date of the original off-premises sign ordinance] but not meeting the provisions of this Code shall be classified "nonconforming" and permitted to remain with reasonable repair and maintenance. Any nonconforming sign damaged beyond 60 percent of replacement cost of the structure (as determined by an independent appraiser engaged by the Metropolitan Planning Commission with costs payable by the current sign vendor) shall be removed.

7.6.1

Existing Permits. All building permits previously issued for signs not yet erected will be valid for 6 months from the date of issuance. No renewals shall be granted for signs or locations which would be in violation of this Code.

7.6.2

Burden of Proof. In any matter in which a property owner, sign owner, sign user or other person seeks the protection provided to lawful, nonconforming signs under this section, the burden of proof shall be on the person seeking such protection to prove:

A.

The date of erection or installation of the sign;

B.

The substance of the sign ordinance then in effect;

C.

That the sign fully conformed to the sign ordinance then in effect, as to height, size, location on the property, sign design and lighting;

D.

That the person erecting the sign obtained all necessary permits for the erection of the sign; and

E.

That any changes to the sign have been made in accordance with the requirements of Article 8 and all other parts of this Code and in compliance with all applicable permit requirements.

7.6.3

Optional Registration.

A.

A sign owner or user may register a lawful, nonconforming off-premises sign in accordance with this subsection. The registration shall be filed on or before May 1, 2003 on a form to be provided by the Executive Director. The form shall require at least the following:

1.

Date of installation of sign or building permit date;

2.

Address of premises;

3.

Location of the sign on the premises (drawing and precise description of the location with GPS coordinates noted).

4.

Dimensions of the sign;

5.

Height of the sign; and

6.

Photograph of the sign as it exists at time of filing registration.

B.

The Executive Director shall review the registration within 30 days and notify the applicant of any inaccuracies or other deficiencies in the registration. The applicant shall have the right to cure any noted deficiencies and to resubmit the registration prior to May 1, 2003. Such inaccuracies or deficiencies in the registration shall be noted in the file. All provisions of the registration not subject to a notice shall be deemed to be accepted by the Metropolitan Planning Commission.

C.

In any proceeding in which the legal status of a sign is material, the unchallenged facts set forth in a registration under this subsection shall be presumed to be true; any facts subject to a notice from the Executive Director questioning the accuracy or other matters shall not receive such protection unless the applicant amends the registration to cure the deficiencies.

7.6.4

Alterations of Legally NonConforming Off-Premises Signs. Legally nonconforming off-premises signs within the jurisdiction of the Bossier MPC may be eligible for alterations that will eliminate the nonconformities of the sign. Alterations may be approved by the MPC as a "Conditional Use" following the procedures of Section 3.3.2 under the following conditions:

A.

Alterations or upgrades to the nonconforming sign, or rebuilding of a nonconforming sign to a steel single pole design on the same parcel within a 50' radius of the existing location, shall be conducted for the purpose of making the Off-Premises sign compliant with the current requirements for off-premises signs as stated in this Code. The alterations shall include, but not be limited to the following:

1.

Reduction of the sign faces to the current size requirements as listed in Table 9.7.1.

2.

The removal of nearby Off-Premises signs to meet current spacing requirements between signs as listed in Table 9.5.6. The removal of nearby signs, if required, shall be completed prior to the issuance of an Off-Premises sign permit for alterations to the nonconforming sign.

3.

The newly altered Off-Premises sign shall comply with current height limitations as stated in Table 9.6.

4.

If the nonconforming sign alteration involves a change to an electronic technology face, the requirements of Section 9.9.1 shall apply.

5.

After the alterations are complete, and if necessary any nearby signs have been removed, the new sign shall be classified as a legally conforming Off-Premises sign.