Change of Non-Conforming Use

Apply for a Change of Non-Conforming Use when you would like to use land or a building that does not conform to the use regulations of the underlying zoning district. For example an industrial use in a commercial zoning district, or a commercial use in a residential district.

All land within the city is regulated by the Comprehensive Zoning Ordinance (CZO). The Comprehensive Zoning Ordinance provides for the enforcement of non-conforming use regulations and the removal of certain non-conforming uses as follows:

A non-conforming use may be changed to another non-conforming use of the same or more restrictive classification.
A non-conforming use that remains vacant for a continuous period of six (6) months may only be utilized for those uses permitted in the underlying zoning district.

Change of Non-Conforming Use Application

Fees

$500

Process

Submit the completed application and all attachments to the Department of Safety & Permits Zoning Division (1340 Poydras St., 8th Floor). Safety and Permits’ Staff will provide you with a letter certifying that a legal nonconforming use has been operating on the premises within the prior six (6) month period. If the Department of Safety & Permits cannot verify the legal, non-conforming status you cannot use this request form.
Submit a Change of Non-Conforming Use Request Letter to the Clerk of Council (1300 Perdido St., Room 1E09).
- This letter should be addressed as follows:
  Ms. Lora Johnson, Clerk of Council
  City Hall, Room 1E09
  1300 Perdido Street
  New Orleans, LA 70112
- If the Clerk of Council does not receive a Request Letter, your request will not be placed on the Council’s agenda. The Request Letter should include a copy of your application as an attachment.
Submit a copy of the Request Letter to the City Planning Commission (1340 Poydras St., 8th Floor) along with the following items:
- Fee of $500 (Payable with check or money order to “City of New Orleans”)
- Floor plan of the proposed new use
- Site plan showing parking, fencing, sidewalks, etc.
- Proposed signage
Within thirty (30) days of receipt of all of the above information, the Executive Director of the City Planning Commission will submit to the City Council a written report on the application that includes a recommendation.
Upon receipt of the recommendation of the City Planning Commission, the City Council shall conduct a public hearing regarding the petition. The action of the City Council will either: approve, deny or modify the request for Change of Non-Conforming Use and will be done by Motion.
- The City Council shall only approve the application upon determining that the proposed use is:
  - An existing legal non-conforming use;
  - Not more intense than the previous use;
  - Consistent with the neighborhood in which it is located; and
  - Providing a needed service for the neighborhood.
Within thirty (30) days of Adoption of a Motion to Approve by the City Council, the applicant may proceed to the Department of Safety & Permits with the submitted floor plans and a copy of the Motion to authorize the use and to apply for permit(s) through the regular permitting process.