New Orleans Comprehensive Zoning Ordinance
Printed: 12/10/2023 11:45:32 PM
25.2 General Standards of Applicability
25.2.A General Rule
No land or structure may be used, and no structure, or part thereof, may be erected, reconstructed, converted, moved, or structurally altered unless in conformity with regulations as set forth in this Ordinance, unless specifically allowed by this Article.
25.2.B Buildings Under Construction
Any structures or signs legally under construction but not in accord with the requirements of this Ordinance will become nonconforming at the time this Ordinance or any subsequent amendment becomes effective.
25.2.C Authority to Continue
Notwithstanding any other provision in this ordinance, any structure, use, lot, or sign that existed as a lawful nonconformity at the time of the adoption of this Ordinance, and any structure, use, lot, or sign that has been made nonconforming because of the terms of this Ordinance or any subsequent amendment may continue to be subject to the provisions of this Article so long as it remains otherwise lawful.
25.2.D Burden on Property Owner to Establish Legality
In all cases, it is the burden of the property owner, through the provision of clear and convincing evidence, to establish the legality of a nonconforming structure, use, lot, or sign under the provisions of this Ordinance.
25.2.E Safety Regulations
All police power regulations enacted to promote public health, safety, and welfare including, but not limited to, all building, fire, and health codes apply to nonconforming structure, use, lot, or sign.
25.2.F 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 as described in Sections 25.3.C and 25.3.D of this Article.
25.2.G Demolition of a Nonconforming Use or Structure
1. The voluntary demolition of a nonconforming structure, use, or sign will result in the loss of the legal nonconforming status of that use and/or the nonconforming characteristic(s) of that structure, use, lot, or sign, including off-street parking.
2. When a nonconforming structure, use, or sign has been voluntarily demolished, the structure, use, or sign may only be rebuilt in conformity with this Ordinance.
3. Where more than fifty percent (50%) of a structure has been voluntarily demolished, the retention of a wall or façade on a nonconforming yard/setback is not sufficient to retain the nonconforming status of the yard/setback deficiency. In this instance, the work is treated as new construction and all applicable regulations shall be met.
25.2.H Effect on Litigation
All suits at law or in equity and/or all prosecutions resulting from the violation of any ordinance heretofore in effect, which are now pending in any of the Courts of this State, or of the United States, are not abated or abandoned by reason of the adoption of this Ordinance, but will be prosecuted to their finality the same as if this Ordinance had not been adopted. All violations of the existing Ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted. Nothing in this Ordinance is construed as to abandon, abate, or dismiss any litigation or prosecution now pending and/or which may have been instituted or prosecuted.