The purpose of this section is to regulate the continued existence of uses, lots, and structures lawfully established prior to the effective date of this Ordinance or any amendment thereto which do not conform to the provisions of this Ordinance. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed, but not to allow them to be enlarged, expanded, or extended unless specifically allowed by this Ordinance provided they meet the requirements of all other codes and ordinances of the City of Thibodaux.

A.

Continuation. Any use, structure or lot that existed as a lawful nonconformity at the time of the adoption of this Ordinance, and any use, structure or lot that has been made nonconforming because of the terms of this Ordinance or its subsequent amendments, may continue subject to the provisions of this Article so long as it remains otherwise lawful.

B.

Evidence of status. The Zoning Administrator shall make a determination as to the existence of legal nonconforming status under the provision of this Ordinance in the following instances:

1.

At the time an application is filed for a building permit;

2.

At the time an application is filed for a certificate of occupancy, where no building permit is required;

3.

At the time of a request for an occupational or business license;

4.

At the time of a request for a change of use; or

5.

At the request of the property owner or his/her agent.

In doing so, the Zoning Administrator shall require the property owner, or his/her agent, to produce acceptable evidence attesting to said legal nonconforming status. Such evidence shall include, but not be restricted to, such documents as: rent receipts, affidavits, documentation of utility services, sales tax receipts, property tax information, or other information as may be deemed to be necessary in a particular case. Provision of such documents does not guarantee that the Zoning Administrator will confirm the existence of legal nonconforming use status. In all cases, the burden of establishing the legality of a nonconformity under the provision of this Ordinance shall be upon the owner of the property.

C.

Suspension for force majeure or acts of public enemy. In the event of force majeure, such as a hurricane, fire or storm, or acts of public enemy the City Council may, by ordinance, suspend the requirements of this Article for an established period of time.

D.

Buildings under construction. Any buildings or structures legally under construction but not in accord with the requirements of this Ordinance will become nonconforming at the time this Ordinance or an amendment thereto becomes effective.

E.

Demolition of a nonconforming use or structure. The voluntary demolition of a nonconforming use or structure will result in the loss of the legal nonconforming status of that use and/or the nonconforming characteristics of the structure, including off-street parking.

F.

Illegal uses. A structure or use erected, converted, or structurally altered in violation of the provisions of the this or any previous Ordinance shall not be validated by the adoption or amendment of this Ordinance, unless the such adoption or amendment effects a change in zoning classification of the land upon which the zoning violation exists authorizing the use and the use conforms to the regulations of such zoning district as of the effective date of such adoption or amendment.

A.

Maintenance and repairs.

1.

The repair and maintenance of structures containing nonconforming uses that do not enlarge or expand the nonconforming use, as determined by the Zoning Administrator shall be permitted and encouraged. Repair and maintenance of said structures typically include actions such as painting, landscaping, paving, the replacement and addition of windows and doors, and other acts that promote the livability and usability of the structure.

2.

Nothing in this Ordinance shall be deemed to 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, upon order of such official. Repairs and alterations that restore a building to the same condition that existed prior to damage or deterioration, altering the building only in conformity with the provisions of this Ordinance in such a manner that does not extend or increase an existing nonconformity.

B.

Change of use.

1.

In all zoning districts, if no structural alterations are made, the nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive classification, provided that the new nonconforming use is not more intensive than the prior use, as determined by the Zoning Administrator either by general rule or by making findings in the specific case. In permitting such a change the Zoning Administrator may require appropriate conditions and safeguards in accord with the provisions of this Ordinance. Appeals of the Zoning Administrator's decision on nonconforming changes of use may be made to the Board of Adjustment.

2.

Any nonconforming use superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

C.

Destruction.

1.

If a structure housing a nonconforming use is whole or in part damaged or destroyed by force majeure, it may be restored and the use continued provided that the restoration is accomplished with no increase in square footage, cubical content or intensity over the building existing immediately prior to the damage.

2.

Application for a building permit to restore a damaged structure housing a nonconforming use must be made within eighteen (18) months of the destruction. Restoration must be completed within eighteen (18) months from the date of the issuance of the building permit unless an extension is approved by the Board of Adjustment prior to the expiration of said permit.

3.

Where a nonconforming use has ceased operation for renovations because of force majeure, the nonconforming use must restore operation within six (6) months of the completion of construction, subject to one (1) six (6) month extension subject to approval by the Zoning Administrator.

D.

Abandonment.

1.

A particular use established as nonconforming shall be deemed abandoned when that particular nonconforming use is discontinued or becomes vacant or unoccupied for a continuous period of eighteen (18) months.

2.

An abandoned use may not be re-established or resumed regardless of intent. Any subsequent occupancy shall comply with all regulations of the zoning district in which the land or structure is located,

3.

Where a nonconforming use has ceased operation for renovations in conjunction with a lawfully issued building permit, the nonconforming use must restore operation within six (6) months from the issuance of the building permit, subject to one (1) six (6) month extension subject to approval by the Zoning Administrator.

4.

This calculation of the period of abandonment does not include any period of discontinuance caused by government action or force majeure.

E.

Expansion of nonconforming uses. Non-conforming uses shall not be extended or enlarged. This prohibition is to prevent the enlargement of non-conforming uses by external additions to the structure in which non-conforming uses are located, as well as the intensification of the use itself.

F.

Existing nonconforming residential uses in residential districts.

1.

An existing nonconforming residential use in a residential district that has lost legal nonconforming status may be re-established, structurally altered, and additions to existing structures permitted provided that no additional dwelling units are added through such alterations or additions.

2.

Removal and replacement of a manufactured home which constitutes a nonconforming use on an individual lot or within a manufactured home park, or removal of any manufactured or mobile home unit which does not conform with current federal manufactured housing construction and safety standards and replacement of such unit with a manufactured home which conforms with said standards, shall be permitted so long as replacement takes place within sixty (60) days of removal.

A.

Maintenance and repairs.

1.

The repair and maintenance of nonconforming structures that does not enlarge or expand the nonconforming structure shall be permitted and encouraged. Repair and maintenance of said structures typically include actions such as painting, landscaping, paving, the replacement and addition of windows and doors, replacement of wiring or plumbing and other acts that promote the livability and usability of the structure.

2.

Nothing in this Ordinance shall be deemed to 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, upon order of such official. Repairs and alterations that restore a building to the same condition that existed prior to damage or deterioration, altering the building only in conformity with the provisions of this Ordinance in such a manner that does not extend or increase an existing nonconformity.

B.

Structural alterations.

1.

A nonconforming structure may not be enlarged or alters in a way that increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

2.

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

C.

Destruction.

1.

If a nonconforming structure is whole or in part damaged or destroyed by force majeure, it may be restored and the use continued provided that the restoration is accomplished with no increase in square footage, cubical content or intensity over the building existing immediately prior to the damage.

2.

Application for a building permit to restore a damaged structure housing a nonconforming use must be made within eighteen (18) months of the destruction. Restoration must be completed within eighteen (18) months from the date of the issuance of the building permit unless an extension is approved by the Board of Adjustment prior to the expiration of said permit.

(Ord. No. 2761, 1-6-15)

A parcel of land with an area less than prescribed in the applicable zoning district may be used for any purpose permitted in the district where:

A.

The owner is able to demonstrate to the satisfaction of the Zoning Administrator that the parcel was lawful at the time it was created; and

B.

The use meets all of the other regulations prescribed for the district.

Any nonconforming sign in existence on the date of enactment of this Ordinance shall be considered nonconforming sign and shall be subject to the following conditions:

A.

The following to be removed or made to conform to this Ordinance within ninety (90) days:

1.

Nonconforming signs made of paper, cloth, plastic, or other nondurable material.

2.

All temporary signs other than those permitted herein.

B.

If any nonconforming sign is removed or destroyed then the replacement sign shall be in conformity with the requirements of this Ordinance.

C.

When a change in use, occupancy or ownership occurs, the new business, if begun within one (1) year after previous business closed, may utilize the existing signs even though they may be nonconforming signs. Existing nonconforming signs may be refaced during the aforesaid one-year period.

D.

Upon failure to comply, the Zoning Administrator is hereby required to cause removal as provided by law of such sign and any expense incident thereto shall be paid by the owner, agent, or lessee of said sign or of the property owner upon which the sign is located. The time period for this is six (6) months.

E.

Existence of any nonconforming sign on the premises will prohibit issuance of further sign permits while nonconforming use exists.