22-3-1. Existing nonconforming use. The lawful use of any building or land existing at the time of the enactment of this chapter, April 24, 2012, may be continued although such use does not conform with the provisions of this chapter. Any building or land that does not conform to the provisions of this chapter may be allowed to change to a more conforming use, not a less conforming use.

22-3-2. Construction approved prior to chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three (3) months of the date of such permit and the ground story of which, including the second tier of beams, shall have been complete within six (6) months of the date of the permit, and which entire building shall be completed according to such plans as filed within one (1) year from date of this chapter.

In instances of the nonconforming use of land which may or may not necessitate the construction of a building and a permit has been issued for the use of such land, there must be substantial, visible evidence that the intended use of the land is in progress within six (6) months of the date of this chapter. The construction of private roadways, fences or the plowing, grading, staking of the land etc., shall constitute substantial, visible evidence for purposes of this section.

22-3-3. Extension. The building or portion of building which is occupied by the nonconforming use or the area of land which is utilized by the nonconforming use shall not be extended or enlarged except when required to do so by law or ordinance. The attachment of signs to the building, the placement of signs or display materials on land outside of the building, or the attachment of racks, balconies or other projections from the building shall be considered as an extension of the use of the building or land.

22-3-4. Displacement. No nonconforming use shall be extended to displace a conforming use.

22-3-5. Alterations. No structural alterations may be made to a building that is nonconforming as to use, unless said building is changed to a conforming use.

22-3-6. Restoration. A legally nonconforming building destroyed by fire, storms or other acts of God or a public enemy may be repaired or rebuilt, provided the restoration is accomplished with no increase in cubical content and no increase in floor area over the building existing immediately prior to damage.

22-3-7. Unsafe structures. Any nonconforming structure or portion thereof declared unsafe by a proper authority must be restored to a safe condition. Residential properties must comply with the minimum housing standards contained in Ordinance No. 29-85, section 11-56.

22-3-8. Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. However, no building in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use.

22-3-9. Discontinuance of a legally nonconforming building or land use. Whenever a building or land used in whole or in part for a nonconforming purpose becomes and remains vacant for a continuous period of six (6) months, or when the operations normally carried on in such a building or on such land have been discontinued for a period of six (6) months, such nonconforming use shall not thereafter be re-established and any future use shall be in conformity with the provisions of this chapter.

22-3-10. District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provision shall apply to any nonconforming uses existing therein.

22-3-11. Amortization of nonconforming uses. The following amortization provisions shall apply to nonconforming uses:

(a)

Any use that becomes nonconforming as a result of a zoning district changed after January 1, 2010 shall be required to conform to the new zoning designation within two (2) years from the effective date of the zone change.

(b)

The owner or operator of a nonconforming use may apply to the parish council for an extension of time within which to terminate the nonconforming use. An extension shall be for a reasonable period of time commensurate with the investment involved and shall be approved if the parish council makes all of the following findings or such other findings as are required by law:

•

The applicant has made a substantial investment (including, but not limited to, lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to January 1, 2008.

22-3-12. Exempt nonconforming uses. The provisions of this section 22-3-9 and 22-3-11 shall not apply to any use defined in subsection 22-6-7, or to any building or land used for such purposes, that became nonconforming prior to April 24, 2012.

22-3-13. Discontinuance of legally nonconforming site development standards. Whenever an existing development does not adhere to the site development standards in the Code of Ordinances and has lost its legal nonconforming status per section 22-3-9, the proposed development plan shall conform to the provisions, as reasonably achievable as determined by the director of community development, in section 22-7 site development standards and approved by planning commission. The applicant can appeal the director's decision to the BZA.

(Ord. No. SBPC-1487-04-14, § 1(Exh. A), 4-1-14; Ord. No. SBPC-1703-10-15, § 1(Exh. A ), 10-20-15; Ord. No. 2087-08-18, § 1(Exh. A), 8-21-18)