- NONCONFORMING USES
Any building, structure or use lawfully existing at the time of enactment of this ordinance may be continued as a nonconforming use even though such building, structure or use does not conform with the provisions of this ordinance for the use district in which it is located. Similarly, whenever a use district shall be changed thereafter, the then-existing lawful use may be continued.
(Ord. No. 2001-588, § 3, 5-1-01)
4.201. A nonconforming use may be extended on the original parcel of land on which it is situated at the time of passage of this ordinance, but may not be extended into any required parking area unless other parking area is substituted therefor, nor into a minimum side yard and rear yard of five feet from any interior boundary line of the said parcel of land.
4.202. Nothing in this ordinance shall be taken to prevent the restoration or replacement of a building wholly or partially destroyed by fire, explosion or other casualty or act of God or the public enemy provided such reconstruction or restoration shall commence within one year of such destruction and be completed within two years.
4.203. Any nonconforming structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
4.204. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.
4.205. Whenever a building or land used in whole or in part for nonconforming purposes become and remain vacant for a continuous period of two years, or when the operations normally carried on in such building or on such land have been discontinued for a period of two years, such nonconforming use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this ordinance. Leasing the premises, commencement of repairs, reconstruction or replacement in the event of casualty loss and remodeling operations shall interrupt such two-year period.
4.206.
(a)
Whenever land used to accommodate a trailer or mobile home in a nonconforming use becomes and remains vacant for a continuous period of six months or more, the right to nonconforming use will be terminated.
(b)
The six-month period shall begin at the date of the issuance of a demolition or moving permit from the City of New Iberia. Should the trailer or mobile home be demolished or removed from the property without first securing a permit from the City of New Iberia, the owner of the property must provide proper documentation of proof that a trailer or mobile home was present on the property at the time of said demolition or move. The acceptance of documentation as proof shall be at the discretion of the building official or his authorized personnel.
(Gen. Ord. No. 326, § 1, 5-7-85; Ord. No. 2001-588, § 1, 5-1-01; Ord. No. 2008-4, § 1, 9-16-08)
- NONCONFORMING USES
Any building, structure or use lawfully existing at the time of enactment of this ordinance may be continued as a nonconforming use even though such building, structure or use does not conform with the provisions of this ordinance for the use district in which it is located. Similarly, whenever a use district shall be changed thereafter, the then-existing lawful use may be continued.
(Ord. No. 2001-588, § 3, 5-1-01)
4.201. A nonconforming use may be extended on the original parcel of land on which it is situated at the time of passage of this ordinance, but may not be extended into any required parking area unless other parking area is substituted therefor, nor into a minimum side yard and rear yard of five feet from any interior boundary line of the said parcel of land.
4.202. Nothing in this ordinance shall be taken to prevent the restoration or replacement of a building wholly or partially destroyed by fire, explosion or other casualty or act of God or the public enemy provided such reconstruction or restoration shall commence within one year of such destruction and be completed within two years.
4.203. Any nonconforming structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
4.204. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.
4.205. Whenever a building or land used in whole or in part for nonconforming purposes become and remain vacant for a continuous period of two years, or when the operations normally carried on in such building or on such land have been discontinued for a period of two years, such nonconforming use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this ordinance. Leasing the premises, commencement of repairs, reconstruction or replacement in the event of casualty loss and remodeling operations shall interrupt such two-year period.
4.206.
(a)
Whenever land used to accommodate a trailer or mobile home in a nonconforming use becomes and remains vacant for a continuous period of six months or more, the right to nonconforming use will be terminated.
(b)
The six-month period shall begin at the date of the issuance of a demolition or moving permit from the City of New Iberia. Should the trailer or mobile home be demolished or removed from the property without first securing a permit from the City of New Iberia, the owner of the property must provide proper documentation of proof that a trailer or mobile home was present on the property at the time of said demolition or move. The acceptance of documentation as proof shall be at the discretion of the building official or his authorized personnel.
(Gen. Ord. No. 326, § 1, 5-7-85; Ord. No. 2001-588, § 1, 5-1-01; Ord. No. 2008-4, § 1, 9-16-08)