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

2010 Thibodaux Zoning ReviewCity of Hammond Nonconforming Uses2.25 Continuation and Termination of Legal Nonconforming Uses and Structures ReestablishmentAn existing nonconforming use may not be reestablished after the nonconforming use or activity of the building or land hasceased for a continuous period of 3 months (90) days.Damage or Destruction – In the event that any structure that is devoted in whole or in part to a nonconforming use is damagedor destroyed, by any means, to the extent of more than seventy-five (75%) percent of the estimated fair market value of suchstructure then, except in otherwise provided herein, that structure shall not be restored unless such structure and the use thereofshall thereafter conform to all regulations of the zoning district in which such structure and use are located. When such damageor destruction is seventy-five (75%) percent or less of the fair market value of the structure as it existed immediately prior tosuch damage, such structure may be repaired and reconstructed and used for the same purposes as it was before the damage ordestruction, provided that such repair or reconstruction is commenced and completed within 18 months of the date of suchdamage or destruction.Relocation – No structure that is devoted in whole or in part to a nonconforming use shall be relocated in whole or in part to anyother location on the same or any other lot, unless the entire structure and the use thereof shall hereafter conform to all the regulationsof the zoning district in which such structure and use are located after being so relocated. Nonconforming uses of land shallbe relocated in whole or in part to any other location on the same or any other lot, unless such use shall thereafter conform to all theregulations of the zoning district in which such use of land is located after being so relocated.Change in Use - A nonconforming use of land or of a structure shall not be changed to any use other than a use permitted in thezoning district in which such land or structure is located. When such nonconforming use has been changed to a permitted use, itshall only be used thereafter for a use permitted in the zoning district in which it is located. For purposes of this Section, a use shallbe deemed to have been so changed when an existing nonconforming use shall have been terminated and the permitted use shallhave commenced and continued for a period of seven (7) days. A change in use shall be determined by the totality of the circumstancesin the judgment of the Building Official.2.251 Criteria for the Repair of Legal Nonconforming Uses and Structures a. Ordinary Repair Maintenance - Normal maintenanceand incidental repair or replacement, and installation or relocation of non-bearing walls, non-bearing partitions, fixtures,wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use; provided, thatthis Section shall not be deemed to authorize any violation of this Section.b. Exception for Repair by Public Order - Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring toa safe condition of any building or part thereof declared to be unsafe by any city official charged with protecting the public safety,upon order of such official. Repairs and alterations that restore a building to the same condition that existed prior to damage ordeterioration, altering the building only in conformity with the provisions of this Ordinance in such a manner that does not extendor increase an existing nonconformity may be made with the same kind of materials as those of which the building is constructed.Expanded Conditional Use - A conditional use, which expands permissible usages, must originate with the Zoning Board andmust comply with all procedural requirements and limitations of a rezoning. An expanded Conditional Use is a personal rightand expires upon a change in ownership of the property from the person or persons originally granted the conditional use.Those uses in this ordinance specified exclusively as conditional uses shall be considered for all purposes as Expanded ConditionalUses. Approval of any expanded conditional use shall be by passage of an ordinance by the City Council. In deliberatingon any application for an expanded conditional use, the Council shall not grant approval thereof unless it makes findings basedupon the evidence presented to it that each case shall indicate all of the following: a) the permit, if granted, will not causeany diminution or depreciation of property values of any surrounding property or will not alter the essential character of thelocality. b) the permit, if granted, will tend to preserve and advance the prosperity and general welfare of the neighborhood andcommunity. c) the granting of the expanded conditional use will not be detrimental to the public welfare or seriously affect orbe injurious to other property or improvements in the neighborhood in which the property is located, in that it will not impairan adequate supply of light and air, or increase substantially the congestion in the public streets, create a traffic hazard, or affector overburden existing drainage or sewerage systems, or endanger the public safety, nor cause serious annoyance or injury tooccupants of adjoining premises by reason of emission of odors, fumes, gasses, dust, smoke, noise or vibration, light or glare orother nuisances.13