New Orleans Comprehensive Zoning Ordinance

Printed: 9/28/2023 10:15:31 AM

25.3.G.2 Expansion of Certain Existing Nonconforming Industrial Uses

a.  The expansion of a legal nonconforming industrial use is permitted in the Historic Marigny/Tremé/Bywater residential and mixed use districts, the residential and non-residential districts of the Historic Urban and Suburban Neighborhood Districts, the Commercial Center and Institutional Campus Districts, and the Center for Industry Districts. These provisions apply only to industrial uses and do not apply to any residential or commercial uses permitted in an industrial district.

b.  In order to minimize the impact of nonconforming industrial uses upon adjacent properties and the neighborhood, and to protect the surrounding neighborhood from any adverse effects of such uses, the expansion of an existing nonconforming industrial use shall follow the conditional use process and meet the following standards:

i.  The use is a legal industrial use or attained legal nonconforming status through prescription or as a result of a change in zoning classification. The use has been maintained without interruption for two (2) years or since the date use became nonconforming, whichever is less, prior to the application for expansion.

ii.  The use is designed, located, and operated so that public health, safety, and welfare is protected.

iii.  The use causes no substantial injury to other property in the neighborhood in which it is located.

iv.  The use or structure conforms to any additional conditions deemed necessary by the City Council, upon the recommendation of the City Planning Commission, to secure the general objectives of this section and to ensure that other properties in the neighborhood are not adversely affected. The City Council may impose conditions to meet the following standards:

(1)  Adequate ingress and egress to the property and to the existing and proposed structures is provided with particular consideration for vehicular and pedestrian safety and convenience, traffic flow and control, and access for fire control vehicles.

(2)  Off-street parking and loading areas are able to adequately serve the use of the subject property, with particular attention to ingress and egress, the location and number of spaces, and the impacts of noise or glare on adjoining properties and other properties within the general vicinity.

(3)  The location of refuse and service areas are located to ensure safe site circulation and are properly screened.

(4)  Adequate landscape, screening, and buffering is provided to minimize the impact of the use on adjacent properties and other properties in the general area.

(5)  Existing and proposed signs and any existing and proposed exterior lighting are compatible with properties in the general area.

(6)  The heights of existing and proposed structures, including any enlargements of existing structures and yards and open space are compatible with properties in the general area.

(7)  The general scale, arrangement, and design of existing and proposed structures, including building material and any exterior features, are compatible with adjacent or nearby land uses.

c.  A development plan shall be submitted with an application to expand an existing industrial use and shall include the existing industrial use as well as any proposed expansion of the use.

d.   An industrial use that has been expanded pursuant to this section may not be changed to another use unless reapplication is made in accordance with this section. The change in use shall be similar to the existing use and of the same or of a lesser intensity than the existing use. No change in use is permitted to a less restrictive use.

e.  Any proposed expansion is limited to the same or contiguous lot(s).

f.  When the proposed expansion of an industrial use is located in a historic district, the Historic District Landmarks Commission shall review and comment on the application.

g.  No building permit will be issued until a final plat of the expansion is approved, filed and recorded in the Conveyance Office of Orleans Parish. The development plan and the agreement shall be recorded within thirty (30) days of the date the final approval of the plan is signed or the approval is deemed null and void.

h.  The City Council may initiate revocation proceedings against the owner of the expanded industrial use in the event of noncompliance or failure to satisfy conditions imposed on approval of the expansion after sixty (60) days notice to the owner.