8.1.1

Continuing Existing Nonconforming Uses. Except as hereinafter specified, any use, building, or structure, existing at the time of the enactment of these regulations may be continued, even though such use, building or structure may not conform with provisions hereof for the district in which it is located; provided, however, that this section does not apply to any use, building, or structure established in violation of any zoning regulations previously in effect in Bartlesville unless said use, building, or structure now conforms with these regulations. It shall be the responsibility of the party interested in continuing the nonconforming status of a structure or use to prove that the structure or use is in active operation. Such proof could include, but not be limited to, the following: active building permits; judicial proceedings, including probate; rental receipts; utility records showing service periods and levels of consumption consistent with the active operation of the use or structure; or records documenting efforts to actively rent, market, or sell the use or structure. The burden of proof shall be met only if the following findings can be made: 1) the use or structure was permitted when established; 2) no conditions have occurred since the legal establishment that would require its abatement; and 3) no unauthorized expansion, enlargement, or intensification of the use or structure has occurred and currently exists.

8.1.2

Limitations on Nonconforming Uses

8.1.2.1

No nonconforming use of a building or land shall be enlarged, extended, reconstructed, substituted or structurally altered, unless:

A.

Such change is required by law or order, or

B.

The use thereof is changed to a use permitted in the district in which such building or land is located, or

C.

Authority is granted by the Board of Adjustment to extend a nonconforming use or substitute another nonconforming use for a nonconforming use, or

D.

Authority is granted by the Board of Adjustment to enlarge or complete a building devoted to a nonconforming use upon a lot occupied by such building where such extension is necessary and incidental to the existing use of such building, or

E.

Authority has been granted by the Board of Adjustment to extend a nonconforming use throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use or building became nonconforming, if no structural alterations, except those required by law, are made therein.

8.1.2.2

Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

8.1.3

Cessation of Use of Building or Land

8.1.3.1

A lawful nonconforming use of a building or structure that has been voluntarily discontinued for a period of six calendar months shall not thereafter be resumed.

8.1.3.2

A nonconforming commercial or industrial use of land shall be discontinued within one year, unless on the effective date of these regulations the assessed value of buildings located on the property was in excess of one thousand dollars ($1,000.00). Any such nonconforming use of land which becomes nonconforming by reason of subsequent amendments to these regulations shall also be discontinued within one year from the date of such amendment.

8.1.4

Discontinuance of Nonconforming Signs. All nonconforming signs, billboards, or commercial advertising structures shall be discontinued within three years from the effective date hereof except that nonconforming signs specifically describing the business or nature of a lawful nonconforming building, structure or use on the same premises may be maintained during the lawful lifetime of the building, structure, or use.

8.1.5

Construction Approved Prior to These Regulations. Nothing herein contained shall require any change in the overall layout, plans, construction, size, or designated use of any development, building, structure, or part thereof, where official approvals and required building permits have been granted before the enactment of these regulations, or any amendment thereof, the construction of which, conforming with such plans, shall have been started prior to the effective date hereof and completion thereof carried on in a normal manner within the subsequent six months period, and not discontinued until completion, except for reasons beyond the builder's control.

8.1.6

Replacement of Damaged or Destroyed Nonconforming Uses. Any nonconforming building or structure damaged more than 60 percent of its then appraised value for tax purposes, exclusive of foundations, by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or Act of God, shall not be restored or reconstructed and used as before such happening; but if less than 60 percent damaged above the foundation, it may be restored, reconstructed, or used as before, provided that restoration or reconstruction be completed within 12 months of such happening.

8.1.7

Repairs to Nonconforming Uses, Limitation. Such repairs and maintenance work as are required to keep it in sound condition may be made to a nonconforming building or structure, provided that no structural alterations shall be made except such as are required by law or ordinance. Except as otherwise provided elsewhere herein, the total structural repairs and alterations that may be made in a nonconforming building or structure shall not, during its life subsequent to the date of its becoming nonconforming use, exceed 50 percent of its then appraised value for tax purposes at such time, unless such building or structure is changed to a conforming use.

8.3.1

An accessory building may be erected detached from the principal building, may be erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure.

8.3.2

An accessory building attached to the main building shall be made structurally a part and have a common wall with the main building and shall comply in all respects with the requirements of these regulations applicable to the main building. Unless so attached, an accessory building in a residential district shall be located on the rear one-half of the lot and at least ten feet from any dwelling existing or under construction on the same lot or any adjacent lot. Any accessory building shall not be located within five (5) feet of an interior or rear property line or five (5) feet of an alley, where such alley abuts on the rear line of the lot; and, in the case of a corner lot, said accessory building shall not project beyond the front line required or existing on the adjacent lot. Further, an accessory building shall not be located on any public utility or drainage easement. These provisions relating to accessory buildings shall be effective with respect to such buildings, even though other provisions hereof require wider or deeper yards for main buildings.

8.3.3

Accessory buildings shall not exceed 30 percent of the area of the required rear yard. Garden shelters, storage shelters, and covered patios shall be permitted as accessory buildings provided that these uses are not equipped for use as living quarters and provided they meet the setback requirements of Section 8.32 for accessory buildings.

8.3.4

Accessory Dwelling Units: For the purpose of creating new housing units while respecting the look and scale of the existing neighborhood, increasing the housing stock of existing neighborhoods in a manner that is less intense than alternatives, and providing a mix of housing that responds to changing family needs and smaller households, accessory dwelling units are a permitted use in all residential districts subject to the granting of a Special Zoning Permit in accordance with the provisions of Section 10.5 and in accordance with the standards as provided herein. An accessory dwelling unit, also referred to as a guest house or in-law apartment, is a small self-contained residential unit built on the same lot of an existing single-family home.

A.

Occupancy, Location and Number. One (1) accessory dwelling unit (ADD) may be allowed within or attached to a single-family dwelling (considered the primary residential unit) where the primary residential unit is occupied by the property owner, subject to specific standards as set forth herein. For the purposes of interpretation, a guest house shall be considered as an accessory dwelling unit. Any ADD shall meet the same development standards and setbacks as required for the primary residential unit, whether attached or detached.

B.

Creation. An accessory dwelling unit (ADD) may only be created through one of the following methods:

1.

Converting existing living area, basement, attic, or garage;

2.

Adding floor area to an existing detached single-family dwelling;

3.

Constructing a detached accessory dwelling unit on a site with an existing detached single-family dwelling; or

4.

Constructing a new single-family residential dwelling with an internal or detached accessory dwelling unit.

C.

Parking. A single-family dwelling with an ADD shall provide at least three (3) off-street parking spaces conforming to Section 7.4.2.

D.

Utility Metering. No separate utility metering for the ADD shall be allowed, and the utility service shall be in the property owner's name.

E.

Maximum Size of Accessory Dwelling Unit. The size of the ADD may be no more than 33% of the living area of the primary residential unit to which it is accessory or 800 square feet, whichever is less. Additionally, the ADD, together with all other structures on the lot, shall not exceed the maximum lot coverage for the zoning district in which it is located.

F.

Building Entrances. An ADD that is added onto an existing single-family dwelling or is part of an approved new single-family dwelling unit may have a separate entrance but such entrance shall face the interior of the lot. The building entrance for an ADD that is built as a separate detached structure shall not be located on the street side (a front or exterior side yard) of the site. When an ADD is adjacent to an alley, the ADD shall be oriented toward the alley with the front access door and windows facing the alley or the interior of the lot.

G.

Architecture. The exterior architectural design and materials of an ADD shall be compatible with and relate to the design of the primary residential unit through architectural building forms, roof pitch and materials, exterior finish materials, color, trim, doors, windows, eaves, height, landscaping, and other methods that conform to acceptable construction practices.

H.

Compensation. The property owner shall not charge any rent or other form of compensation for the use of the ADD by any occupant thereof. Further, said ADD shall not be used as an income-producing property.

No lot, yard, court, parking area, or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required by these regulations; and, if already less than the minimum required herein, said area or dimension shall not be further reduced. However, this section shall not apply when a portion of a lot is acquired for public purpose.

Nothing herein shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by any proper authority.