Slidell City Zoning Code

The purpose of this article is to regulate the continued existence of uses, lots, and structures lawfully established prior to the effective date of this Code, or any amendment thereto, that no longer conform with this Code. Further, it is the intent of this article to limit the continuation and expansion, and to encourage eventual replacement of nonconformities that have potentially undesirable impacts on surrounding conforming uses.

A.

Existing lots, structures, and uses. Any lot, structure, or use lawfully existing at the time of enactment of this Code, or portion thereof, may be continued as a nonconforming lot, structure, or use even though it no longer conforms with the provisions of this Code, or portion thereof, when such continuation is in accordance with the provisions of this article.

B.

Certificates of occupancy required for nonconforming uses and structures. It is unlawful to install permanent utilities in or to use, occupy, or permit the use or occupancy of any part of any nonconforming building or premises until a certificate of occupancy is issued by the city stating that the proposed use of this building or land conforms to the requirements of the Code, inclusive of this UDC, upon completion of all applicable work.

A.

Ordinary repair and maintenance. Normal maintenance and repair of nonconforming uses may be performed.

B.

Exceptions for repairs by public order. Nothing in this article shall prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any city official charged with protecting the public safety. Repairs and alterations that restore a building to the same condition that existed prior to damage or deterioration, that does not extend or increase an existing nonconformity, may be made with the same kind of materials as those of which the building is constructed.

C.

Extensions and additions. Unless a variance is granted, nonconforming uses shall not be extended or enlarged. This prohibition is to prevent the enlargement of nonconforming uses by external additions to the structure in which nonconforming uses are located.

D.

Relocation. A structure housing a nonconforming use may not be moved unless the use shall thereafter conform to the limitations of the district into which it is moved.

E.

Change in use. A nonconforming use shall not be changed to any other use unless such use conforms to the provisions of this Code. However, a nonconforming use may be changed to another nonconforming use provided the change of use is less intense and has less impact on the surrounding area.

F.

Termination.

1.

Abandonment or discontinuance.

a.

Subject to subsection b below, where a nonconforming use is discontinued or abandoned for 12 months or more, then such use may not be reestablished or resumed, and any subsequent use must conform to the provisions of this Code.

b.

In construing whether a use has been discontinued or abandoned, the intention of the owner or anyone else to continue a nonconforming use shall not be considered; abandonment of a nonconforming use by a lessee shall not bind the owner provided that the owner obtains legal control of the use within a reasonable time after abandonment by the lessee; abandonment due to institution of foreclosure proceedings shall not constitute abandonment under the provisions of this section until the mortgagee or purchaser at foreclosure sale takes possession or gains by a recorded legal transfer.

c.

When the director of planning has determined that the use has been discontinued, the burden of proof shall be on the property owner to prove that the use has not been discontinued or abandoned.

2.

Damage or destruction.

a.

45 percent or more. If a structure housing a nonconforming use is damaged or destroyed by 45 percent or more of the fair market value of the structure, then the structure may not be restored unless its use thereafter conforms to the provisions of this Code.

b.

Less than 45 percent. When such damage is less than 45 percent of the fair market value of the structure as it existed immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes it was before the damage or destruction, provided that such repair or reconstruction is commenced and substantially completed within 12 months of the date of such damage or destruction.

c.

Determination. For purposes of these regulations the city will accept the assessed value of the improvements as the fair market value, or the value as determined by the board of adjustment on appeal of the city determination.

A.

Ordinary repair and maintenance. Normal maintenance and repair of nonconforming structures shall be performed.

B.

Structural repairs and alternations. Structural repairs and alterations to a nonconforming structure may be permitted to the extent of 45 percent of the structure's fair market value.

C.

Relocation. A nonconforming structure that is moved shall conform to the regulations of the zoning district in which it is located after such move.

D.

Termination.

1.

Abandonment. Where a nonconforming structure is abandoned for 12 months, then such structure shall be removed or converted to a conforming structure, unless the board of adjustments grants a variance in accordance with the provision of chapter 2, division 3 of this Code.

2.

Damage or destruction. A nonconforming structure that is damaged or destroyed to the extent of 45 percent or more of the fair market value of said structure, shall not be restored unless it conforms to the provisions of this Code.

Lots of record. Notwithstanding any other provision of this Code, a nonconforming lot of record may be developed with buildings when proposed without any significant adverse impact on surrounding properties or the public health or safety, and all of the required setbacks for the subject zoning district are met.

A.

Nonconforming accessory uses or structures are permitted to continue after the principal structure or use has ceased or terminated, unless such structure or use is causing negative impacts to surrounding uses.

B.

Opportunity to resolve. The department of building safety shall work with the department of planning to notify the property owner of negative impacts to surrounding properties and the property owner shall be provided an opportunity to resolve negative impacts.

C.

Termination. Should the property owner fail to resolve negative impacts to neighboring properties within six months of written notice, he/she will be notified in writing that the nonconformity will cease immediately, and the structure and/or use is required to be brought into compliance with this Code.

Refer to article 8 of this UDC.

Refer to section 6.7.5 — AOD Airport Overlay District for required marking and lighting on any nonconforming structure or tree to indicate to the operators of aircraft in the vicinity of the airport and the presence of such airport hazards, which are maintained and installed by the airport authority.