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

Thibodaux Zoning Review 2010City of Pineville Nonconforming UsesSection 3. Nonconforming Uses of Lots, Land or Structures, or Structures and LandArticle 3.01. Intent.Within the districts established by this ordinance or amendments that may later be adopted where there exists lots, structures, anduses of land and structures which were lawful before the adoption of this ordinance, but which would be prohibited under the termsof this ordinance or future amendment, it is the intent of this ordinance to permit these nonconforming uses to continue but not toencourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved.Article 3.02. Continuation of nonconforming uses of land and/or structures.Any use of a structure and/or land existing at the time of enactment or subsequent amendment of this ordinance, but not in conformitywith its provisions, may be continued subject to the following provisions:(1) The use of the building and land cannot be changed to another nonconforming use.(2) If the nonconforming use has ceased for a period of twelve (12) continuous calendar months, it shall not be reestablishedprovided that if the lessee of any building or place used or occupied for nonconforming purposes under a bona fide lease shall at anytime before the expiration of said lease discontinue occupancy or use of said building or place shall again obtain control of its occupancyand use. This exception shall not apply, however, if the lessor for any reason be entitled legally to regain possession and doesnot by legal or other effective means attempt to do so.(3) A nonconforming building shall not be rebuilt after damage exceeding seventy-five (75) per cent of the replacement value ofthe building immediately prior to damage.(4) A nonconforming use of a building or portion thereof, or land or portion thereof, shall not be extended or enlarged except inconformity with this ordinance. “Extended” is construed to include attachment of signs or display material on land outside ofthe building, or the attachment of racks, balconies, or other projections from the buildings, providing, however, that dwellingswhich are nonconforming only as to height and/or yard areas may be structurally altered or enlarged as provided for in Article2.01 of Section 2 of this ordinance.Article 3.03. Repairing nonconforming buildings and completing construction of nonconforming buildings.Nothing in this ordinance shall be deemed a prohibition against strengthening or restoring to a safe condition a building orportion thereof declared to be unsafe by any public official charged with protecting the public safety, upon order of such official.To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in plans, construction, or designated useof any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinanceand upon which actual building construction has been diligently carried on. Actual construction is hereby deemed to includethe placing of construction materials in permanent position and fastening these materials in a permanent manner, and demolition,elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shallbe diligently carried on until the completion of the building involved.Article 3.04. Nonconforming lots of record.In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of thisordinance, a single-family dwelling and customary accessory buildings may be erected on any single nonconforming lot whichis of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not ofcontinuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the arearequirements for the district, provided, however, that the building placed upon said lot shall conform to the yard requirements ofthe district as closely as possible in the opinion of the board of adjustment.14