(a)

Inventory of nonconforming uses. The office of zoning administration may maintain an inventory of nonconforming uses within the parish. The primary responsibility for compiling and maintaining any such inventory shall rest with the office of zoning administration. However, in compiling such an inventory, the office of zoning administration, which the zoning administrator authorizes such action, may notify, by certified or registered mail, the owner of the land on which the structure in which a nonconforming use is located, that the use is nonconforming and must be registered with the office of zoning administration. Within one (1) month after receipt of such notice, the owner shall register such nonconforming use by filing with the office of zoning administration a registration statement for such nonconforming use. Registration statements shall contain such information as is reasonably required by the office of zoning administration; at any time after registration, a registration statement may be amended to indicate a change in ownership. The acceptance by the office of zoning administration of a registration statement shall not constitute authorization to operate an unlawful use.

(b)

Questionnaire. When authorized by the zoning administrator, and in no event more often than annually, the office of zoning administration may send to persons who have registered a nonconforming use a questionnaire inquiring as to the operation, status and such other details as may be reasonably required by the office of zoning administration concerning the nonconforming use. Such questionnaire shall be sent by certified or registered mail and may be sent to any registrant shown by registration statements and previous questionnaires as then having a legal or equitable interest in the property. Such questionnaire shall be returned in completed form to the office of zoning administration within ninety (90) days from the date of receipt of such questionnaire.

(City Code 1965, App. A, art. VII, § A; Ord. No. 7350, § I, 9-12-07)

State Law reference— Protection of certain nonconforming uses, R.S. 33:4722.

(a)

Continuance of nonconforming uses. Except as provided in this section, the lawful operation of a nonconforming use, as such use existed on the effective date of the ordinance from which this section derives, or on the effective date of any amendment hereto by which the use became a nonconforming use, may be continued.

(1)

Compliance with protection standards. Within no more than three (3) years from the effective date of the ordinance from which this section derives, every nonconforming use shall comply with the protection standards established for the district in which such use is located.

(2)

Maintenance of number of dwelling units. The number of dwelling units in a nonconforming dwelling use shall not be increased over or exceed the number of dwelling units existing in the nonconforming use on the effective date of the ordinance from which this section derives.

(b)

Expansion or enlargement of nonconforming uses. The land area occupied by any nonconforming use on the effective date of the ordinance from which this section derives or on the effective date of any amendment hereto by which the use became a nonconforming use shall not be increased except to provide open off-street parking space or open off-street loading space for the nonconforming use, such space to be maintained in accordance with the regulations herein established.

(c)

Extension of nonconforming uses in structures. A nonconforming use in a structure may be extended throughout the structure, provided that no increase in the structural size of the building shall be made.

(d)

Change in nonconforming uses. A nonconforming use may be changed to a conforming use; provided, however, that a nonconforming use so changed shall not thereafter be changed back to a nonconforming use. A nonconforming use not conducted in a structure or one in which a structure is incidental to the use of the land shall not be changed to any other nonconforming use. The nonconforming use of a building may be changed to another nonconforming use which is a permitted use in the same district as that in which the existing use would be conforming or in any district more restricted than that in which the existing use would be conforming, provided that:

(1)

If the existing nonconforming use is a permitted use in more than one (1) district, a change to another nonconforming use must be to a use which is a permitted use in the most restricted district in which the existing nonconforming use is a permitted use or to a use which is a permitted use in a district more restricted than the most restricted district in which the existing nonconforming use is a permitted use; and

(2)

No existing nonconforming use can be changed to any other nonconforming use involving the sale, at wholesale or retail, of alcoholic beverages, whether of low or high alcoholic content and whether for consumption on or off the licensed premises; and

(3)

The nonconforming use of a building may not be changed to a residential nonconforming use or to another residential nonconforming use in any district except an R-1, R-2, R-3 or C-4 District.

(4)

Any nonconforming use changed to another nonconforming use of a more restricted district classification cannot thereafter be changed back to a nonconforming use of a less restricted district classification than the new use.

(e)

Termination of nonconforming uses.

(1)

Abandoned nonconforming use. Except as hereinafter provided, a nonconforming use that has been abandoned or discontinued for a period of one (1) year shall not thereafter be re-established.

(2)

Destruction, damage or obsolescence of structure. The right to operate and maintain any nonconforming use shall terminate whenever the structure or structures in which the nonconforming use is operated and maintained are damaged, destroyed or become obsolete or substandard beyond the limits hereinafter established for the restoration of damaged nonconforming structures, provided that the right to operate and maintain in any structure or structures, the damage to or destruction of which is the result of fire, flood, windstorm, earthquake or other unforseen cause, a use which was a conforming use at the time of its establishment, if established after the effective date of the ordinance from which this section derives, or a conforming use when such ordinance became effective, if established prior to such date, but which use has since become nonconforming as the result of a change in this chapter or the zoning map, and which structure or structures are damaged to the extent of more than eighty (80) percent of its replacement cost, shall not terminate if such structure or structures can be restored under the provisions of this chapter and other applicable laws and ordinances and are so restored within the time limit provided hereinafter for the restoration of damaged nonconforming structures.

(City Code 1965, App. A, art. VII, § B)

State Law reference— Removal of nonconforming signs and billboards, R.S. 33:4722.

(a)

Continuance of nonconforming structures. Except as provided in this section, any nonconforming structure must be occupied and operated and maintained in a state of good repair.

(b)

Enlargement or extension of nonconforming structures. A nonconforming structure in which a nonconforming use is operated shall not be enlarged or extended; a nonconforming structure in which only permitted uses are operated may be enlarged or extended if the enlargement or extension can be made in compliance with all of the provisions of this chapter established for structures in the district in which the nonconforming structure is located.

(c)

Restoration of damaged nonconforming structures. A nonconforming structure damaged in any manner and from any cause whatsoever to the extent of not more than eighty (80) percent of its replacement cost may be restored, provided restoration is begun within one (1) year and completed within two (2) years of the date of the damage, provided further, that any structure so restored shall conform to the height, building site area and yard requirements of the district in which it is located and to the off-street parking requirements and the off-street loading requirements of this chapter and provided that a structure damaged as the result of fire, flood, windstorm, earthquake or other unforeseen cause which was a conforming structure at the time of its erection, if erected after the effective date of the ordinance from which this section derives, or a conforming structure when such ordinance became effective, if erected prior to such date, but which structure has since become nonconforming as the result of a change in this chapter or the zoning map, may be restored, regardless of the extent of damage thereto, if such structure can be legally restored under other applicable laws and ordinances and if restoration is begun within one (1) year and completed within two (2) years of the date of the damage.

(d)

Restoration of obsolete nonconforming structures. A nonconforming structure which becomes obsolete or substandard under any applicable ordinance and for which the cost of placing such structure in lawful compliance with the applicable ordinance exceeds eighty (80) percent of the replacement cost shall be removed.

(City Code 1965, App. A, art. VII, § C)

Cross reference— Buildings and structures, Ch. 6.

State Law reference— Repairing frame buildings in fire limits, R.S. 33:4743.