§ VII. Nonconforming uses.

1.

Existing nonconforming use. The lawful use of any building or land existing at the time of the enactment of this Ordinance may be continued although such use does not conform with the provisions of this Ordinance.

2.

Construction approved prior to ordinance. Nothing herein contained shall require any change in plans, construction, or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three (3) months of the date of such permit and the ground story of which, including the second tier of beams, shall have been completed within six (6) months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from date of this Ordinance.

3.

Extension. A nonconforming residential use may be extended or enlarged if the extension or enlargement otherwise meets the requirements of this Ordinance. A nonconforming commercial or light industrial use shall be permitted to extend or enlarge in the amount of twenty-five (25) percent of the existing floor area or sign area provided that such expansion shall be granted by the council but once.

The attachment of signs to the building, the placement of signs or display materials on land outside the building, or the attachment of racks, balconies or other projections from the building shall be considered as an extension of the use of the building.

Editor's note— The first paragraph of subsection 3 of section VII appears as amended by § I of Ord. No. 154, adopted Sep. 1, 1976, and by § 1 of Ord. No. 89-134, adopted Aug. 10, 1989.

4.

Displacement. No nonconforming use shall be extended to displace a conforming use.

5.

Alteration. No structural alteration shall be made to a building that is nonconforming as to use unless said building is changed to a conforming use, however if the structure is a nonconforming residential use it may be structurally altered to the extent in which its nonconformity in use is reduced in accordance with the following table:

eol;Nonconformity Reduced	Percent of;Percent of Value of Building Permitted for Structural Alterations
0	0
1—10	25
11—25	50
26—50	75
Over 50	100

 

6.

Restoration. No building voluntarily removed, damaged or destroyed shall be repaired or rebuilt except in conformity with the regulations of this Ordinance with the exception of mobile homes in which case the Plaquemines Parish Council may grant a special waiver (subject to renewal every two (2) years) which may include permission for a larger trailer if the council is assured that the single family status is being maintained.

Any building damaged or destroyed by fire, storm, or other Acts of God shall be permitted to be repaired or restored provided the restored building contains not more than twenty-five (25) percent in excess of the area of the building existing immediately prior to damage.

Any building damaged or destroyed by fire, storm, or other Acts of God shall be permitted to be repaired or restored provided the restored building contains not more than twenty-five (25) percent in excess of the area of the building existing immediately prior to damage.

Editor's note— The first paragraph of this subsection 6 reads as amended by § 1 of Ord. No. 89-134, adopted Aug. 10, 1989.

7.

Unsafe structures. Any nonconforming structure or portion thereof declared unsafe by a proper authority must be restored to a safe condition.

8.

Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. However, no building in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use.

9.

Vacant. No building or portion thereof or land used in whole or part for nonconforming purposes according to the provisions of this Ordinance, which hereafter becomes and remains vacant for a continuous period of six (6) calendar months shall again be used except in conformity with the regulations of the district in which such building or land is situated. Neither the intention of the owner nor that of anyone else to use a building or lot or part of either for any nonconforming use, nor the fact that said building or lot or part of either may have been used by a makeshift or pretended nonconforming use shall be taken into consideration in interpreting and construing the word "vacant" as used in this Ordinance; provided further that if the lessee of any building or place used or occupied for nonconforming purposes under a bona fide lease shall at any time before expiration of said lease to occupy or use said building or place shall again obtain legal control of its occupancy and use; but this exemption shall not apply if the lessor for any reason be entitled legally to regain possession and does not by legal or other effective means attempt so to do; and provided further that in the event of bankruptcy a building or place used for nonconforming purposes shall not be considered vacant until said building or place is sold or possession thereof returned to the owner by order of court or otherwise in the bankruptcy proceedings; and provided, further, that any building or land used for nonconforming commercial or industrial purposes upon which a mortgage has been inscribed and recorded prior to the adoption of this Ordinance shall not be considered vacant after foreclosure proceedings have been instituted until mortgagee or purchaser at foreclosure sale takes possession and ownership established by court procedure or until mortgagee gains possession of the property by a recorded legal transfer.

10.

District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.