New Orleans Comprehensive Zoning Ordinance

Printed: 9/28/2023 9:02:54 AM

25.3.A Nonconforming Uses

1.  A nonconforming use is the use of land or a use within a structure that, as of the effective date of this Ordinance, is used for a purpose not allowed in the zoning district in which it is located.

2.  Nonconforming uses are inconsistent with the objectives of this Ordinance, which is to confine certain classes of structures and uses to certain localities, and thus, should be viewed narrowly and have all doubts resolved against the continuation or expansion of nonconformity in order to preserve the property rights of adjacent property owners.

3.  Unless specifically permitted by Paragraph E below, all nonconforming uses are subject to the provisions of this Article governing discontinuance and abandonment, change of use, and structures containing a legally nonconforming use.

4. Nonconforming uses that have not been established pursuant to this article shall not be validated except as provided in the applicable provisions of La. R.S. 9:5625.

5. Nonconforming uses, including structures or land containing nonconforming uses, shall be prohibited from expansion or increase in cubical content, unless specifically permitted by Paragraph G below or elsewhere in this Ordinance.

Ord. 27,641 MCS, ยง1, January 12, 2018, Zoning Docket 087-17; Technical Correction #13, 12-17-18