25.4 Nonconforming Structures

25.4.A Nonconforming Structure   

Structures that at one time conformed to applicable zoning regulations, but because of subsequent amendments to this Ordinance no longer conform to applicable yard, height, lot coverage, or other dimensional or bulk provisions of this Ordinance, are considered nonconforming structures. 

25.4.B Ordinary Repairs and Maintenance   

Normal maintenance and incidental repair may be performed on any nonconforming structure. No repair or reconstruction is permitted that would create any new nonconformity, increase the degree of any previously existing nonconformity, or increase the bulk of the structure in any manner.

25.4.C Structural Alterations   

No structural alterations are permitted for any nonconforming structure, except in the following situations:

1. When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting the public safety.

2. When the alteration will result in eliminating the nonconformity.

3. Structures that are legally nonconforming as to height, floor area ratio, yards, lot area per dwelling unit, open space, or parking may be maintained, structurally altered, or increased in cubical content, provided such alteration or increase in cubical content does not further increase the extent of the nonconformity, expand, extend or increase a nonconforming building height, or permit an increase in the number of dwelling units. Limitations as to cubical content and increase in floor area do not apply to existing industrial uses in the Vieux Carré.
 

Adopted by Ord. 29126 MCS, 8-4-22, ZD 16/22

25.4.D Additions and Enlargements   

Structures which are nonconforming as to height, floor area ratio, yard, lot area, lot width, lot depth, or parking may be enlarged (i.e., increased in cubical content), provided such enlargement does not further increase the extent of the nonconformity or permit an increase in the number of dwelling units. (See Figure 25-1: Permitted Expansions of Nonconforming Structures)

FIGURE 25-1: PERMITTED EXPANSIONS OF NONCONFORMING STRUCTURES

NOTES:

Dotted line indicates the property lines.
Heavy line indicates buildable area.
Any expansion outside of the buildable area requires a variance from the Board of Zoning Adjustments. 

 

This diagram represents a proposed expansion along a nonconforming side yard into the buildable area.

 

This diagram represents a proposed expansion along a nonconforming rear yard into the buildable area. 

 

This diagram represents a proposed expansion along a nonconforming front yard into the buildable area. 

 

This diagram represents a proposed expansion of a structure that is built at an angle to the property line into the buildable area.

 

The following two diagrams are examples of expansions that require variance(s).

25.4.E Relocation   

A nonconforming structure may not be relocated, in whole or in part, to any other location on the same lot. A nonconforming structure may be relocated to another lot if the structure conforms to all regulations of the zoning district in which it is relocated. 

25.4.F Damage or Destruction   

1. In the event that any nonconforming structure is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value at that time, then the structure may not be restored or rebuilt unless the structure, including foundation, is made to conform to all regulations of the zoning district in which it is located.

2. When such a structure is damaged or destroyed to the extent of less than fifty percent (50%) of the replacement value at that time, it may be repaired and reconstructed provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit shall be obtained for such rebuilding, restoration, repair, or reconstruction within one (1) year of the date of damage or destruction, and construction shall be completed within one (1) year of issuance of the building permit.

3. Nonconforming structures that are in whole or in part destroyed by force majeure or acts of public enemy may be restored, provided that the restoration is accomplished with no increase in cubical content, no increase in floor area, no increase in the number of dwelling units over the building existing immediately prior to damage, and no intensification of the non-conforming use.