§ 40-699. Change in use.

(a)

Residential districts. For the purposes of protecting the integrity of residential neighborhoods, no change in use from one (1) nonconforming use to another nonconforming use shall be permitted in any residential zoning district.

(b)

Nonresidential districts. A nonconforming use may be changed to a similar and/or more restrictive nonconforming use in any nonresidential zoning district in accordance with the regulations of the district in which it is located. A nonconforming use shall be considered similar or more restrictive if the following conditions related to the intensity of the use or public safety are met:

(1)

Off-street parking requirements are not increased;

(2)

Required height and area requirements are not changed;

(3)

Service areas, including loading and unloading areas, are not increased, and a wood, brick or masonry fence a minimum height of seven (7) feet is installed between the service area of the nonconforming use and any abutting residential development or residential zoning district;

(4)

The change in use is not likely to produce additional smoke, noise, vibration, toxic matter or fire and explosive hazards over the use previously situated on the site;

(5)

Existing signs identifying the nonconforming use may be maintained, or the sign face replaced, provided that the area of the sign is reduced or equivalent to the existing sign size. All new signs shall be in conformance with the regulations of the district the proposed use is located;

(6)

The issuance of an alcoholic beverage permit shall be considered an intensification of the land use and a less restrictive condition. A change in nonconforming use may be allowed an alcoholic beverage permit only if the previous use had been issued an alcoholic beverage permit;

(7)

The hours of operation of the nonconforming use cannot be expanded;

(8)

All Parish codes are met relative to any site changes necessary in the change to a similar or more restrictive use.

(c)

In no case shall a nonconforming use be changed to a less restrictive use or to a use of a less restrictive zoning district.

(d)

Once a nonconforming use is changed to a conforming use, the nonconforming use shall not be reestablished

(Ord. No. 20783, § 3(XIX(4)), 9-22-99; Ord. No. 24823 , § XXV, 9-17-14)