§ 89-102. Projects in process.

(a)

Applications in progress.

(1)

This subsection applies to any application in progress, defined as applications for zoning, building permit, or subdivision plat approval that were filed before this chapter, or an amendment to this chapter that affects the application, became effective.

(2)

An application in progress is not considered legally nonconforming, except as provided below. The application is subject to all applicable provisions of this chapter when the application was filed and while it is being processed, unless otherwise provided in an ordinance amending this chapter.

(3)

Effect on existing building permits. Nothing in this UDC requires a change in plans, construction, or designated use of any building or structure for which a building permit was lawfully issued prior to the effective date of adoption or amendment of this chapter, if construction was commenced and completed within the time period required by the building code. If the building code does not establish a time period for construction, construction must be commenced within 180 days and completed within two years after issuance of the building permit.

(4)

The development approval process usually requires a series of steps, and applications are subject to any conditions provided in an earlier step in the approval process as set out in article 4. An approved application normally does not create a legal nonconformity or vested rights. However, in consideration of existing, good faith investments in project approvals, the LCG will continue to process existing applications as follows:

Table 89-102-1 Conditions on Existing Approvals

	Type of Application	Conditions or Continuation
1	Annexation Boundary Adjustment Rezoning or Annexation Zoning Assignment Subdivision, Sketch Plan Text Amendment	An approved application is not considered legally nonconforming unless that applicant has obtained vested rights under Louisiana law, or to the extent provided in an enforceable development agreement (see LRSA Title 33, Chapter 14, Part G).
2	Subdivision, Preliminary Plat Subdivision, Final Plat Acceptance of improvements	• Subdivision plat may proceed in accordance with subdivision regulations in effect at time of approval
		• At time of building permit, all other regulations of this chapter apply except for minimum lot size
3	Appeal-Planning and Zoning Commission decision Conditional Use Permit Variance (Zoning)	• All development consistent with the decision is subject to the regulations in effect at the time of the appeal if a building permit or certificate of occupancy (if no building permit is required) is issued within 1 year of the final decision, and development timely proceeds pursuant to the building permit or certificate of occupancy. If the decision involves a preliminary or final plat, the 1-year period described above applies to the next stage of the platting process, or
		• If development does not timely proceed as set out above, the rules in row 1 above apply.

 

(b)

Buildings under construction.

(1)

A building legally under construction that does not comply with this chapter becomes nonconforming when this chapter or an amendment becomes effective.

(2)

The applicant shall apply for a determination that the building is a nonconforming use by using the procedures in article 4 for Variances and Appeals to board of zoning adjustment (BOZA) (section 89-67). In lieu of the standards provided in subsection 89-67(f), the board of zoning adjustment may approve the nonconforming use determination if it finds that the construction represents a substantial investment.