New Orleans Comprehensive Zoning Ordinance

Printed: 9/28/2023 9:10:37 AM

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.