City of Monroe, LA

O  R  D  I  N  A  N  C  E

STATE OF LOUISIANA

CITY OF MONROE                                     

                                                                                                            NO.  12,173               

            The following Ordinance was offered by Mr.  Harvey                       who moved for its adoption and was seconded by Mr.  Marshall                                  :

Amendment to Chapter 37, Zoning, of the Code of the City of Monroe, Article VIII, Non-Conforming Uses, Lots and Structures, Section 37-121 (a) Non-conforming uses

WHEREAS, the City Council of the City of Monroe has this date held its Public Hearing with respect to the following proposed amendments to Chapter 37, Zoning, of the Code of the City of Monroe, Article VIII, Non-Conforming Uses, Lots and Structures, Section 37-121 (a) Non-conforming uses; and

WHEREAS, this will allow people to request extensions and enlargements of non-conforming use where generally prohibited, but may only be allowed in exceptions circumstances.  This will allow permission to re-establish or resume prior use(s) and;

WHEREAS, the intent of this amendment of non-conforming uses by having potentially undesirable impacts within the existing neighborhood or communities at large. Any non-conforming use of land, building or structure, which was lawful prior to the revision or amendment that fails by reason of such adoption, revision or district.  These amendments are to clarify the language in the Zoning Ordinance;

APPLICANT: City of Monroe (TAM 100-23)

WHEREAS, the City Council has further considered the recommendation of the Monroe Planning Commission recommending approval, on a 6-0-1 vote, and that the above stated Sections of the Code of the City of Monroe should be amended.

            NOW, THEREFORE;

BE IT ORDAINED, by the City Council of the City of Monroe, Louisiana, in legal session convened, that Chapter 37, Zoning, of the Zoning Ordinance of the City of Monroe, Louisiana be, and it is amended as follows:

AMEND:

Chapter 37 Zoning

Article VIII. Non-Conforming Uses, Lots and Structures

Section 37-121

(3)  Extensions and additions.  Non-conforming uses shall not be extended or enlarged.  This prohibition is to prevent the enlargement of non-conforming uses by external additions to the structure in which non-conforming uses are located.

DELETE:

(3)  Extensions and additions.  Non-conforming uses shall not be extended or enlarged.  This prohibition is

to prevent the enlargement of non-conforming uses by external additions to the structure in which non-

conforming uses are located.

ADD:

(3)     Extensions and additions. Non-conforming uses shall not be extended or enlarged. Extensions and enlargements of non-conforming uses are generally prohibited and may only be allowed in exceptional circumstances. This general prohibition is to prevent the enlargement of non-conforming uses by external additions to the structure in which non-conforming uses are located. The planning and zoning director may only permit extensions or enlargements of non-conforming uses provided the applicant for an extension or enlargement can demonstrate (i) that the extension or enlargement will not adversely affect adjacent conforming uses, the neighborhood, and the surrounding community, (ii) the extension, enlargement or addition is consistent with the non-conforming use, and (iii) the denial of the extension or enlargement will impose a unique hardship on the property owner. The decision of the planning and zoning director to grant or deny a request for extension or enlargement shall be final.

b.       Permission to re-establish or resume prior use.

1.  Notwithstanding the prohibition on re-establishment or resumption contained in subsection (a)(1) of this section, the property owner may apply to the planning and zoning director for permission to re-establish or resume a prior, non-conforming use.

2.     The planning and zoning director, or his/her designee, may grant such permission if the following conditions are met:

(i)                  The non-conforming use has not been discontinued or abandoned for a period of more than five (5) years measured from the date of discontinuance;

(ii)                The re-established or resumed non-conforming use is identical to the prior, non-conforming use;

(iii)              The re-establishment or resumption of the non-conforming use will not have an adverse impact on the adjacent zoning district, neighborhood, or community and will not substantially or permanently injure the appropriate use of adjacent conforming properties;

(iv)               The re-establishment or resumption of the non-conforming use will benefit or enhance the adjacent zoning district, neighborhood, or community; and

(v)                The re-established or resumed non-conforming use will otherwise conform to all aspects of the ordinance and will be generally compatible in nature with the surrounding zoning district, neighborhood, and community.

3.     The denial of an application to re-establish or resume a non-conforming use under this section may be appealed to the Board of Adjustments. All appeals shall be filed in writing with the planning and zoning director within thirty (30) days of his/her decision, and shall include a written statement identifying the decision that is being appealed and including any reasons why the appeal should be granted. The Board of Adjustments shall apply the criteria in this subsection in reviewing the planning and zoning director’s decision.

4.     The permission granted under this subsection does not render the use conforming. The resumed or re-established use will be deemed a non-conforming use that is subject to abandonment or discontinuance under subsection (a) of this section.

                 BE IT FURTHER ORDAINED,

            This ordinance was INTRODUCED on the 9^th day of May 2023.

NOTICE PUBLISHED on the  12th             day of  May , 2023.

            This Ordinance having been submitted in writing, introduced and published was then submitted to a final vote, the vote thereon being as follows:

AYES:            Harvey, Woods & Marshall

NAYS:            None.

ABSENT:       Ezernack & Dawson

            And the Ordinance was declared ADOPTED on the  23rd     day of  May           , 2023.

Juanita Woods                       

CHAIRMAN

Carolus S. Riley                     

CITY CLERK

Oliver Friday Ellis                 

MAYOR’S APPROVAL

MAYOR’S VETO