New Orleans Comprehensive Zoning Ordinance

Printed: 10/15/2024 2:00:58 AM

1.5.G Previously Granted Conditional Uses and Variances

  1. All conditional uses and variances granted prior to the effective date of this Ordinance or any subsequent amendment to this Ordinance remain in full force and effect, unless a conditional use is allowed as a permitted use or a variance was granted for a standard under the former ordinance that no longer exists or applies as of the effective date of this Ordinance.
    1. The recipient of the conditional use or variance may proceed to develop the property in accordance with the approved plans, including all conditions included as part of approval.
    2. If a structure or land is used in a manner that is classified as a conditional use prior to the effective date of this Ordinance and is classified as a permitted use subsequent to the adoption of this Ordinance, and the structure or land was granted a conditional use by the City Council, any provisos attached to the original conditional use shall no longer apply unless authorizing expanded permissions not allowable under this Ordinance.
    3. If a structure or land is used in a manner that is classified as a permitted use prior to the effective date of this Ordinance and subsequent to the adoption of this Ordinance, and the structure or land was granted a variance by the Board of Zoning Adjustments for a standard under the former ordinance that no longer exists, any provisos attached to the original variance shall no longer apply.
  2. If the recipient has failed to act on the conditional use or variance before the approval expires, including any periods of extension granted, the provisions of this Ordinance govern.

Ord. No. 29,126, ยง1, Aug. 12, 2022, Zoning Docket 16/22