New Orleans Comprehensive Zoning Ordinance

Printed: 7/21/2024 8:33:22 AM

25.3.B Determination of a Nonconforming Use

1.  The Director of the Department of Safety and Permits shall make a determination as to the existence of nonconforming use status in the following instances:

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

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

c.  At the time of a request for an occupational license.

d.  At the time of a request for a change of use.

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

2.  No permit, license, or zoning verification which acknowledges or confirms the existence of nonconforming status may be issued without the written approval of the Director of the Department of Safety & Permits. The rationale for the decision shall be stated in writing.

3. The property owner, or his/her agent, is required to produce clear and convincing evidence as requested by the Department of Safety & Permits attesting to legal nonconforming use status. Such evidence includes, but is not limited to, documents such as rent receipts, affidavits, documentation of utility services, documentation of water services, sales tax receipts, property tax information, and any other information as may be deemed to be necessary in a particular case. Providing such documents does not guarantee that the Director of the Department of Safety and Permits will confirm the existence of legal nonconforming use status.

4.  Any interested party may request a verification of non-conforming use, which shall be provided in writing by the Director of the Department of Safety & Permits. The rationale for the decision shall be stated in writing.