New Orleans Comprehensive Zoning Ordinance

Printed: 3/29/2024 8:24:43 AM

25.3.E Change of Nonconforming Use

25.3.E.1 Process for Change in Nonconforming Use   

The process for a change in nonconforming use, as permitted by this section, is as follows:

a.  An application for a permit for a change in nonconforming uses shall be submitted to the Executive Director of the City Planning Commission and the Clerk of Council. Each application shall be accompanied by the required fee, a floor plan, and a detailed description of both the current and proposed use, including hours of operation, number of employees, off-street parking and loading, delivery schedules, equipment and materials storage, location of refuse containers, signs, screening, and landscape.

b.  Within thirty (30) days of receipt of a complete application, the Executive Director of the City Planning Commission shall submit a recommendation on the application to the City Council. After receiving the recommendation of the Executive Director or if no recommendation has been received after thirty (30) days from receipt of a complete application, the City Council shall conduct a public hearing and shall consider and act upon said application by motion.

c.  The City Council may approve the application only upon determining that the proposed nonconforming use:

i.  Is a legal nonconforming use as verified by the Director of the Department of Safety and Permits.

ii.  Is not more intensive than the prior nonconforming use.

iii.  Is consistent with the character of the neighborhood in which it is located.

iv.  Will provide a needed service to the neighborhood in which it is located.

d.  Within thirty (30) days of approval by the City Council, the applicant shall provide the Director of the Department of Safety and Permits with a copy of the floor plan and the motion approving the change in nonconforming use.

25.3.E.2 Permitted Changes in Nonconforming Use   

a.  In all districts, except the Historic Core Districts, if no structural alterations are made, a nonconforming use of a structure 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 Department of Safety & Permits. Whenever a nonconforming use of a structure has been changed to a more restrictive use or to a conforming use, such use cannot then be changed to a less restrictive use.

b.  In the Historic Core Districts, if no structural alterations are made, a nonconforming use may be changed to another use in accordance with Table 25-1: Historic Core Nonconforming Use Conversion Permissions. Nonconforming residential uses in the HMR-3 District are not permitted to convert to commercial uses.

Table 25-1: Historic Core Neighborhood Nonconforming Use Conversion Permissions

A nonconforming use located in the following district:

May be changed to another use, but limited to the uses permitted in the following districts:

VCR District

VCR District

VCC District

VCC District

VCE District

VCR and VCC Districts

VCS District

VCR and VCC Districts

HMR District

HMR and HMC-1 Districts

HMC District

HMR and HMC-1 Districts

HM-MU District

HMR and HMC-1 Districts