The purpose of nonconforming use regulations is to allow nonconforming uses while upholding the integrity of the district regulations described in this ordinance by carefully guiding nonconforming uses to have as little negative impact on conforming uses as possible.

Any lawful structure, building permit issue, or use existing on or prior to the date of adoption of this ordinance; or whenever a district shall be changed by amendment to this ordinance; may be continued even though such building, structure, or use does not conform to the regulations of the district in which it is located.

No extensions, additions, or enlargements shall be permitted to any legal nonconforming use, except as provided for in Article VI, Zoning. Nothing in this section shall be interpreted to exclude routine maintenance, repair, or renovation, which does not extend, increase, or enlarge the nonconforming structure, building, or use.

(a)

Nonconforming Uses in Residential Zoning Districts: For the purposes of protecting the integrity of residential neighborhoods, no extensions, additions or enlargements shall be permitted to any legal nonconforming use, structure, or building located within the following zoning districts: R-1, R-1A, and RR-1, Single-family Residential; R-2, Two-family Residential; R-3, Three and Four-family Residential; and R-M, Multi-family Residential.

(b)

Nonconforming Uses in Nonresidential Zoning Districts: A legally nonconforming nonresidential commercial or industrial structure not located in a residential district may be permitted an addition provided:

(1)

The total addition shall not exceed twenty-five percent (25%) of the total area of the original structure;

(2)

The proposed addition shall not infringe on the side, front, and rear yard requirements for the district in which the nonconforming use is located;

(3)

The applicant shall obtain a building permit for the addition within one (1) year from the effective date of the ordinance approved by the Council;

(4)

Approval of the Kenner City Council is obtained after proper application initiated with the Planning and Zoning Department in accordance with provisions set in Article VI, Zoning.

(5)

If visibility of an off-premises sign message is obscured by the elevation of a roadway or similar public works project, an addition to height may be permitted provided the extension is limited to the minimum increase in sign height that allows the message to be visible. The requirements of paragraphs (a) and (b) above shall not apply but the requirements of paragraphs (c) and (d) above shall apply.

(a)

Residential Districts: For the purposes of protecting the integrity of residential neighborhoods, no change in use from one (1) nonconforming use to another nonconforming use shall be permitted in any residential zoning district.

(b)

Nonresidential Districts: A nonconforming use may be changed to a similar and/or more restrictive nonconforming use in any nonresidential zoning district in accordance with the regulations of the district in which it is located. A nonconforming use shall be considered similar or more restrictive if the following conditions related to the intensity of the use or public safety are met:

(1)

Off-street parking requirements are not increased;

(2)

Required height and area requirements are not changed;

(3)

Service areas, including loading and unloading areas, are not increased, and a wood, brick or masonry fence a minimum height of seven (7) feet is installed between the service area of the nonconforming use and any abutting residential development or residential zoning district;

(4)

The change in use is not likely to produce additional smoke, noise, vibration, toxic matter or fire and explosive hazards over the use previously situated on the site;

(5)

Existing signs identifying the nonconforming use may be maintained, or the sign face replaced, provided that the area of the sign is reduced or equivalent to the existing sign size. All new signs shall be in conformance with the regulations of the district the proposed use is located;

(6)

The issuance of an alcoholic beverage permit shall be considered an intensification of the land use and a less restrictive condition. A change in nonconforming use may be allowed for an alcoholic beverage permit, only if the previous use had been issued an alcoholic beverage permit;

(7)

The hours of operation of the nonconforming use cannot be expanded;

(8)

All City codes are met relative to any site changes necessary in the change to a similar or more restrictive use.

(c)

In no case shall a nonconforming use be changed to a less restrictive use or to a use of a less restrictive zoning district.

(d)

Once a nonconforming use is changed to a conforming use, the nonconforming use shall not be reestablished.

A change in occupancy of a nonconforming use shall be permitted provided the regulations in Section 14.04, Change in Use are met.

[(a)]

Partial destruction and restoration: A nonconforming use, structure, or building may be restored after destruction by Act of God, war, or other local catastrophe if so destroyed to no more than seventy-five (75) percent of its value as determined by the assessor of this parish for current tax purposes; and only if a permit to restore the use, structure, or building is obtained within the one (1) year immediately following the date of said destruction.

[(b)]

Total destruction: If the structure, building, or use is destroyed beyond seventy-five percent (75%) of its value or more, as defined in this subsection, then for the purposes of this section the nonconforming use, structure or building shall be deemed totally destroyed, and the nonconforming status shall terminate as of the date of such destruction.

[(c)]

Appeal of termination of nonconforming status: The owner of any structure totally destroyed as defined in subsection (b) above may appeal by petitioning the City of Kenner Council through the City of Kenner Planning Department and in accordance with provisions set in this Article, to restore the nonconforming status of the structure or use. The Kenner City Council may approve the restoration provided the following criteria are met:

(1)

The nonconforming structure or use shall not be detrimental to the public welfare or seriously affect or be injurious to other property or improvements in the neighborhood in which the property is located;

(2)

The nonconforming structure or use shall not contribute substantially to increasing congestion of streets or create a traffic hazard;

(3)

The proper number of parking and loading spaces as required by the ordinance is provided for the use or structure to the maximum extent possible;

(4)

The existing drainage, sewerage and street systems are not overburdened and the necessary improvements are provided to accommodate the use or structure;

(5)

The nonconforming structure shall be compatible with surrounding development within three hundred (300) feet in that the same or similar exterior finish, roof materials and roof lines are used;

(6)

Sufficient buffers to protect conforming uses are provided in accordance with the following requirements and subject to existing space limitation:

a.

Perimeter of a lot abutting residential property:

i.

On the perimeter of a lot abutting residential land use, a continuous barrier is required for the purpose of buffering loading, unloading, and other service areas, garbage and trash receptacles, and off-street parking or other vehicular use areas exposed to abutting property.

ii.

The barrier shall be an opaque fence or living fence, a berm, or any combination thereof with a minimum height of seven (7) feet. If the barrier includes use of plant materials, such materials shall be planted in a strip of not less than five (5) feet in width.

b.

Tree provisions: For each thirty-five (35) feet of the required barrier or fraction thereof, one (1) tree shall be provided. Each tree shall be planted in at least a twenty-five-foot square planting area. Each such planting area for trees shall be landscaped with grass, ground cover or other landscaping.

c.

Perimeter of a lot abutting nonresidential property: If the abutting lot contains nonresidential land uses, only the tree provision, referenced in paragraph (6)b. above, shall be required.

d.

Existing barrier: If the perimeter of a lot abuts an existing barrier, the existing barrier may be used to satisfy the landscape barrier requirements listed above, provided that the existing barrier meets all applicable standards set forth herein.

e.

Parking:

i.

All vehicular use areas including parking lots shall be buffered from view from public rights-of-way by a barrier with a minimum height of thirty (30) inches, consisting of an earth berm, hedge, wall, or any combination thereof.

ii.

All vehicular use areas, including parking spaces, drives, and service drives shall consist of hard-surface material.

f.

The buffer standards contained within this subsection shall not apply to nonconforming single-family and two-family dwellings.

g.

All applicable City, state, and federal codes shall be met.

h.

The applicant shall have one (1) year to obtain a building permit to restore the structure, building, or use from the effective date of this ordinance approved by the Council.

The discontinuance or suspension of a nonconforming use or associated activity for any reason shall constitute vacancy of a nonconforming structure, regardless of the intent of the owner or lessee of the premises to continue such nonconforming use or associated activity. Vacancy of a nonconforming for a period of one (1) year shall terminate the nonconforming use.

Where a portion of the property occupied by a nonconforming structure is used as nonconforming, but the use does not include the entire lot or parcel, the portion not used shall not be deemed to be nonconforming and said use may not be extended.