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St Mary Parish City Zoning Code

CHAPTER 6

Nonconformities

Sec. 6.1.1 Purpose

  • Generally. The purpose of this Chapter is to specify how this UDC applies to and affects uses, buildings and structures that were legally established as of the effective date of this UDC but were not in full compliance with this UDC. In addition, amendments to this UDC may cause established uses, buildings and structures to fall into noncompliance, which is also addressed through this Chapter.
  • Unlawful Uses, Buildings, Structures, or Signs. This Chapter does not authorize or legitimize uses, buildings or structures that were not legally established or constructed. Such uses, buildings, structures are not "legally nonconforming," but instead remain "unlawful," and are subject to all of the provisions of this UDC (including enforcement provisions) and any other applicable law. Likewise, this Chapter does not legitimize unlawful subdivisions of property that may have occurred before the effective date of this UDC.

    • Effective on: 11/1/2013

    Sec. 6.1.2 Application of Chapter

  • Generally. This Chapter applies to uses, buildings, structures, landscaping, signs, parking, and lots that were lawfully constructed but do not conform to the requirements of this UDC.
  • Types and Classes of Nonconformities. Set out in Division 6.2, Types and Classes of Nonconformities, are the different types of nonconformities and specifies to what degree nonconformities will be allowed to exist as is, to rebuild or after damage or destruction, or to be terminated or removed.
  • General Provisions. Set out in Division 6.3, General Provisions, are the standards to which nonconformities may be brought into conformance.
  • Conversion of Nonconformities. Set out in Division 6.4, Conversion of Nonconformities, are the standards to which an existing nonconformity may go through a process to remove the classification of "nonconforming."

    • Effective on: 11/1/2013

    Sec. 6.2.1 Nonconforming Uses

    Generally. A nonconforming use is a use of land that was lawfully established (i.e., it was allowed and issued a permit, if a permit was required at the time the use was established) on a parcel or lot before the effective date of this UDC, that is no longer allowed after the effective date of this UDC. Amendments to this UDC may also make uses nonconforming. The following uses are legally nonconforming uses:

    1. Uses that were lawfully established but are not currently listed as Permitted, Limited, or Specific Uses in the district in Division 1.3, Permitted, Limited, Specific, and Prohibited Uses.
    2. Uses that are listed as Limited Uses in the district in Division 1.3, Permitted, Limited, Specific, and Prohibited Uses, but were lawfully established without a limited use permit and do not comply with the applicable standards of Division 1.4, Limited and Specific Use Standards.
    3. Uses that are listed as Specific Uses in the district in Division 1.3, Permitted, Limited, Specific, and Prohibited Uses, but were lawfully established without a specific use permit. For these uses, the nonconforming use status may be removed by obtaining a specific use permit.
    4. Uses that were lawfully established within a floodplain or floodway, but are no longer permitted in the floodplain or floodway.

    Effective on: 11/1/2013

    Sec. 6.2.2 Nonconforming Structures

    Generally. A nonconforming structure is a structure other than a building that was lawfully constructed prior to the effective date of this UDC (or amendment hereto) that does not conform to the standards that are applicable to the same type of structure in the district in which the structure is located. The following are illustrative examples of nonconforming structures:

    1. Fences or garden walls that do not comply with the height, setback, or materials standards of this UDC; and
    2. Structures that are located in floodplains, floodways, or open space areas that do not comply with the applicable regulations of this UDC.

    Effective on: 11/1/2013

    Sec. 6.2.3 Nonconforming Lots

  • Generally. Nonconforming lots are lots that were lawfully created before the effective date of this UDC or amendments hereto, but which no longer comply with the lot width, frontage, area, or access requirements of this UDC.
  • Exception. All lots within EN districts that were lawfully created before the effective date of this UDC are conforming, regardless of their dimensions.

    • Effective on: 11/1/2013

    Sec. 6.2.4 Nonconforming Manufactured Home Subdivision and Park

  • Generally. Any manufactured home park or manufactured home subdivision, which is lawfully existing and occupied on the effective date of the provisions of this UDC, and which does not comply with all applicable provisions of this UDC, shall be considered a nonconforming manufactured home park or nonconforming manufactured home subdivision and may continue as a nonconforming use provided the park shall not be discontinued as set out in Section 6.3.3, Abandonment.
  • Expansion. Any addition of land to a nonconforming manufactured home park or manufactured home subdivision must conform to all requirements of this UDC.
  • Unit Placement and Replacement. The placement or replacement of a manufactured home on any lot within a nonconforming manufactured home park or manufactured home subdivision shall be permitted, provided such placement complies with all requirements of this UDC.

    • Effective on: 11/1/2013

    Sec. 6.2.5 Nonconforming Mobile Homes and Manufactured Homes

    Generally. Mobile homes and manufactured homes lawfully existing and occupied within the Parish prior to the effective date of this UDC, shall be allowed to continue and be maintained. No expansion or enlargement of a mobile home shall be allowed.

    Effective on: 11/1/2013

    Sec. 6.2.6 Nonconforming Airport Uses

  • Regulations Not Retroactive. The regulations prescribed in Division 1.5, Airport Zoning, shall not be construed to require the unreasonable removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of Division 1.5, Airport Zoning, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in Division 1.5, Airport Zoning, shall require any unreasonable change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of Division 1.5, Airport Zoning, and was diligently prosecuted.
  • Marking and Lighting. Notwithstanding the preceding provisions of this Section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the assistant secretary, office of aviation, department of transportation and development to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the state department of transportation and development.
  • Nonconforming Uses Abandoned or Destroyed. Whenever the assistant secretary, office of aviation, department of transportation and development advises the Parish that it has been determined that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from this UDC.

    • Effective on: 11/1/2013

    Sec. 6.3.1 Generally

  • Generally. Except as specified in this Chapter, any land use, building or structure existing at the time of enactment of this UDC, or the enactment of any applicable amendments, may be continued even though such use, building or structure may not conform to the provisions of this UDC for the district in which it is located.
  • Nonconforming Accessory Buildings and Structures. Continuation of nonconforming accessory uses and nonconforming accessory buildings and structures may occur subject to the same provisions governing the continuation of nonconforming principal uses, buildings and structures. However, if a nonconforming use is later terminated, an accessory use on the same property may only continue if such accessory use complies with this UDC.
  • Change in Ownership and/or Occupancy. The status of nonconforming uses and nonconforming structures is not affected by ownership and/or occupancy change, except as otherwise provided.
  • Other Violations. This Chapter shall not apply to any use, building or structure established in violation of any ordinance previously in effect in the Parish.
  • Repair and Maintenance. Normal maintenance and incidental repair may be performed on a complying structure that contains a nonconforming use or on a nonconforming structure. This UDC shall not be interpreted to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of the Director who declares a structure to be unsafe and orders its restoration to a safe condition.

    • Effective on: 11/1/2013

    Sec. 6.3.2 Elimination of Nonconforming Status

  • Elimination of Nonconforming Uses. The owner of a nonconforming use may attempt to eliminate the nonconformity by:
    1. Replacing the existing use with a conforming use;
    2. Requesting a zone change to a district in which the use is permitted; or
    3. Moving the use to a district in which the use is permitted.
  • Elimination of Nonconforming Structures. The owner of a nonconforming structure may attempt to eliminate the nonconformity by:
    1. Modifying the structure to conform;
    2. Requesting a zone change to a district in which the structure would conform;
    3. Applying for a variance to the area or height regulations with which the structure does not comply;
    4. Undertaking real estate transactions, provided adjacent land is available and any necessary re-subdivision is feasible, to enlarge the property sufficiently to conform with building setback or coverage requirements; or
    5. Moving the structure to a district in which the structure would conform.

    • Effective on: 11/1/2013

    Sec. 6.3.3 Abandonment

  • Generally. A nonconforming use of land or of a structure shall be considered abandoned if the use is discontinued or the land or structure remains vacant for a continuous period of six months. Any such nonconforming use may not be re-established or resumed after abandonment occurs. Any subsequent use or occupancy of the land or structure must conform to this UDC for the district in which it is located. Any such period of discontinued use or occupancy that is caused by government action, fire or natural calamities and without any contributing fault by the nonconforming user shall not be considered in determining abandonment status.
  • Overcoming an Abandonment Determination. An abandonment determination may be rebutted upon showing to the satisfaction of the Director that during such period the owner of the land or structure has been:
    1. Maintaining the land and structure in accordance with Parish building regulations and other applicable ordinances and not intending to discontinue the use;
    2. Actively and continuously marketing the land or structure for sale or lease for that particular nonconforming use; or
    3. Engaging in other activities that would prove there was not intent to abandon.

    • Effective on: 11/1/2013

    Sec. 6.3.4 Enlargement

  • Generally. A nonconforming use may not be enlarged, expanded or extended to occupy all or a part of another structure or property that it did not occupy on the effective date of this UDC. However, a nonconforming use may be extended within the same structure, provided no structural alteration of the structure is proposed or made for the purpose of the extension.
  • Exemption. The enlargement, expansion or extension of a nonconforming residential use shall be excepted from this limitation, provided that the enlargement, expansion or extension does not exceed 50 percent of its appraised value as it existed prior to the enlargement, expansion or extension; it was not destroyed to the extent of 50 percent or more; and, it complies with all other regulations (e.g., height, setbacks, etc.) for the property on which it is located.

    • Effective on: 11/1/2013

    Sec. 6.3.5 Alteration of a Structure with a Nonconforming Use

    Generally. Exterior or interior remodeling or improvements to a structure containing a nonconforming use shall be allowed provided there is no expansion of the nonconforming use.

    Effective on: 11/1/2013

    Sec. 6.3.6 Moving a Nonconforming Use

    Generally. A structure containing a nonconforming use may not be relocated to another site unless the use shall conform to the regulations of the district into which the structure is relocated.

    Effective on: 11/1/2013

    Sec. 6.3.7 Change of Nonconforming Nonresidential Use

    Generally. Upon application to the Director, a nonconforming use may be changed to another nonconforming use of the same or similar type or intensity, or of less intensity. Whenever any nonconforming nonresidential use is changed to a less intensive nonconforming nonresidential use, such use shall not be changed back to a more intensive nonconforming nonresidential use. Whenever any nonconforming nonresidential use is changed to a conforming use, such use shall not later be changed to a nonconforming use.

    Effective on: 11/1/2013

    Sec. 6.3.8 Destruction of Structure with Nonconforming Use

    Generally. If a structure that contains a nonconforming use is destroyed to the extent of 50 percent or more of its appraised value by fire or natural calamity or is voluntarily razed or is required by law to be razed, the nonconforming use shall not be resumed. The determination of the extent of damage or destruction shall be based on the ratio of the estimated cost of restoring the structure to its pre-existing condition to the estimated cost of duplicating the entire structure as it existed prior to the damage or destruction.

    Effective on: 11/1/2013

    Sec. 6.3.9 Nonconforming Structures

  • Repair, Maintenance, Alteration and Enlargement. Any nonconforming structure may be repaired, maintained, altered or enlarged; provided, however, that no such repair, maintenance, alteration or enlargement shall either create any new noncompliance or increase the degree of the existing noncompliance of all or any part of such structure.
  • Moving a Nonconforming Structure. A nonconforming structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or other property unless the entire structure shall thereafter conform to the regulations of the district in which it is located after being moved.
  • Damage or Partial Destruction. If a nonconforming structure is damaged or destroyed by fire or natural calamity to the extent of 50 percent or less of its appraised value, the structure may be restored if restoration is started within six months and diligently pursued to completion. Any delay in starting such restoration that is caused by government action or natural calamities and without contributing fault by the owner shall be deducted in calculating the starting date of restoration.

    • Effective on: 11/1/2013

    Sec. 6.3.10 Nonconforming Lots

    Generally. Notwithstanding the minimum requirements for lot size within the various zoning districts, structures may be constructed, built, moved onto, expanded, reconstructed, occupied or used on a nonconforming lot of record that existed prior to the effective date of this UDC, or any later amendments, provided all such structures shall meet all other applicable requirements of this UDC and other applicable Parish ordinances.

    Effective on: 11/1/2013

    Sec. 6.4.1 Purpose

    Generally. Many nonconforming uses have existed for a period of time, and some may have only recently become nonconforming. In many instances, nonconforming uses are integral parts of the Parish's fabric, that is, its character and function, so their continuing existence promotes the Parish's policy objective of protecting its neighborhoods. In these instances, the classification "nonconformity" and resulting restriction on investment may not be what the community desires. As such, the use may be made conforming pursuant to this Division in order to remove the potential stigma that may be associated with the "nonconforming" designation.

    Effective on: 11/1/2013

    Sec. 6.4.2 Procedure

  • Generally. An owner of a nonconforming use may apply for a specific use permit which has the effect of making the nonconforming use conforming. The procedures for specific use approval are set out in Section 5.4.3, Specific Use Permits.
  • Exclusions. This procedure does not apply to nonconforming lots.

    • Effective on: 11/1/2013

    Sec. 6.4.3 Criteria for Approval

  • Generally. A specific use approval may be granted to make a nonconforming building, structure, use, or sign conforming, if, in addition to the criteria for approval of a specific use set forth in Section 5.4.3, Specific Use Permits, all of the criteria of this Section are satisfied.
  • Approval Criteria. The use, as conducted and managed, has minimal nonconformities and has been integrated into the neighborhood's (or district's if it is not in or adjacent to a residential neighborhood) function, as evidenced by the following demonstrations:
    1. The neighborhood residents regularly patronize or are employed at said use (for nonresidential uses in or abutting residential neighborhoods).
    2. Management practices eliminate nuisances such as noise, light, waste materials, unreasonably congested on-street parking, or similar conflicts.
    3. There is no material history of complaints about the use (a history of complaints is justification for denying the specific use permit, unless the conditions of the permit will eliminate the sources of the complaints).
    4. The use has been maintained in good condition and its classification as a nonconformity would be a disincentive for such maintenance.
  • Conditions. Conditions may be imposed relative to the expansion of bufferyards, landscaping, or other site design provisions, or other limitations necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may relate to the lot, buildings, structures, or operation of the use.

    • Effective on: 2/4/2014

    Sec. 6.4.4 Effect and Annotation

  • Generally. Uses that comply with the terms of a specific use permit issued in accordance with this Division are converted from "legally nonconforming uses" to "conforming uses" by virtue of the issuance of the permit.
  • Written Approval. Specific use approvals shall be provided to the applicant in writing and may be recorded by the applicant at the applicant's expense.
  • Annotation of Official Zoning District Map. Upon granting a specific use permit and the applicant's demonstration of compliance with any conditions placed upon it, the Director shall place an annotation on the official zoning district map that states that the property has a specific use permit, as well as the permit number and date of approval.

    • Effective on: 11/1/2013