City of Thibodaux Zoning Review - South Central Planning ...

Thibodaux Zoning Review 2010Nonconforming UsesA nonconforming use is a use that legally existed prior toestablishment of a zoning ordinance or change in zoning classificationand which is allowed to be maintained. It may includean activity, a building or lot that does not conform to dimensionalrestrictions. Nonconforming use clauses are designed toallow lawfully existing uses to continue without threatening theentirety of the zoning ordinance. However, limitations may beimposed on nonconforming uses to discourage their continuationand to gradually bring all activities within a given zoningdistrict into compliance. It is typical to find a limiting clause in azoning ordinance that terminates a nonconforming use after theuse is abandoned for a specified period of time. Sometimes thenonconforming uses are allowed to continue only for a specifiednumber of years in order to phase in the newer restrictions morequickly. The right to conduct the nonconforming use runs withthe property and not ownership. Change in ownership does notaffect the nonconforming status. Nonconforming uses are notallowed to be extended over a greater area or enlarged in size;however, nonconforming uses are allowed to be repaired dueto fire, wind, explosion, flood, acts of God, etc, within a specifiedtime frame. This is not a replacement or enlargement ofthe structure or use, but a replacement to its prior size. Somecommunities limit the right to restore a structure that hasbeen damaged due to neglect and lack of maintenance. Ordinancesmay allow a use to be changed to one of equal or moreconforming status, but would never allow a use to become lessconforming. Also if the nonconforming use is changed to aconforming use, it loses its legal nonconforming status after theprescriptive period is up.The timeframe of the prescriptive period varies from onecommunity to the next, 6 months, one year, 12 months, 18months and so on. Some are more strict, some less. The timeframeis designed to address how quickly the community desiresto bring about change and enforce compliance with the newzoning standard.Nonconforming uses, structures, and lots are different fromillegal uses, structures and lots that were established after thezoning regulations were enacted.LouisianaIn Louisiana, such illegal nonconforming uses may become“legal” if the municipality or parish is aware of the use and doesnot take action to enforce compliance within five years of thedate the zoning agency was notified in writing of the violation.The timeframe is shorter for signs and billboards, one year, andlonger for violations in historic districts, 10 years.After Hurricanes Katrina and Rita, the Louisiana legislatureenacted a special exemption regarding nonconforming uses.Act No. 737 of 2006 amended Title 33 to require that nonconforminguse status not be lost between August 29, 2005 andAugust 28, 2007.With regard to nuisance abatement, Louisiana legislationallows the courts to order closure of a nonconforming use for atleast six months and one day as part of an order of abatement.Above and Left: examples of nonconforming structuresin residential zones.8