(A)

Purpose. Within the districts established in Chapter 4 there exist uses of property, structures and lots which were lawful before this Title was adopted but that would be prohibited, regulated or restricted under the terms of this Title. Nonconformities are those uses of property, structures or lots not conforming with the requirements of this Title on its effective date. It is the intent of these development regulations that nonconforming uses shall not be made illegal by the adoption of this Title, but also that such uses shall not be enlarged upon, expanded, intensified, or extended except in accordance with this Chapter.

(B)

Policy.

(1)

It is the general policy of the City to allow uses, structures or lots that came into existence legally and in conformance with then applicable requirements but that do not conform to all of the applicable requirements of this Title to continue to exist and be put to productive use, but to bring as many aspects of such situations into conformance with the current Title as is reasonably practicable, all subject to the limitations of this article. The limitations of this article are intended to recognize the interests of the property owner in continuing to use the property but to preclude the expansion of the nonconforming situation and to preclude the reestablishment of an abandoned use or lot or of a building or structure that has been substantially destroyed.

(2)

Nothing in the Chapter shall be construed to permit municipalities to terminate nonconforming uses consisting of oil or gas activity.

(3)

Regulations and restrictions affecting the termination of nonconforming situations may be adopted or amended by the City only after notice and hearing as provided in Title 11, Section 43-104 and 43-105 of the Oklahoma Statutes.

(Ord. 3068, § 1, November 27, 2006).

This article shall apply to circumstances that became nonconforming by initial adoption of this Title or amendment to this Title. It shall also apply to nonconforming situations that were nonconforming uses or other situations under a similar provision of a previously-applicable Title or resolution and that remain nonconforming with one or more provisions of this title, even if the type or extent of nonconformity is different.

(Ord. 3068, § 1, November 27, 2006).

Any nonconforming use, building, structure, or other nonconforming situations which existed lawfully on the date of adoption of this Title or which becomes nonconforming upon the adoption of any amendment to this Title may be continued in accordance with the provisions of this article. Where two or more provisions of this article apply, the more restrictive requirement applies.

(Ord. 3068, § 1, November 27, 2006).

The burden of establishing that any nonconforming situation is a nonconforming situation as defined by this article shall, in all cases, be upon the owner of such nonconformity and not upon City or any other person.

(Ord. 3068, § 1, November 27, 2006).

If a tract of land which conforms to this Title is rendered nonconforming, or if a nonconforming lot is made more nonconforming by the acquisition of a portion of said tract or lot for public purposes by any public agency, the tract shall have the status of a nonconforming lot.

(Ord. 3068, § 1, November 27, 2006).

(A)

Nonconforming Situations. A nonconforming situation is any land use, structure, lot of record, or other situation related to the use or development of land that was legally established prior to the effective date of this Title or subsequent amendment to it and that does not now fully conform to the requirements of this Title, as amended to the applicable date.

(B)

Nonconforming Use. A nonconforming use is a use of land, buildings, or other structures, or any combination thereof, that is nonconforming to this permitted or specific uses listed by district in Chapter 4 of this Title.

(C)

Nonconforming Structure. A nonconforming structure is any building or structure which does not fully conform with the dimensional or design standards imposed by Chapter 5 or subsection 22.6.1(H).

(D)

Nonconforming Lot. A nonconforming lot is a lot designated on an approved and recorded subdivision plat or that constitutes a whole parcel reflected by a valid and recorded deed not recorded in violation of Title 21 of the City Code or prior subdivision regulations, which lot fails to conform to the minimum lot area, minimum width or other applicable dimensional requirement as specified in Chapter 5 of this Title. A nonconforming lot which has frontage only on an undeveloped public right-of-way, shall not be considered a nonconforming lot for purposes of this article.

(E)

Other Nonconforming Situations. Other nonconforming situations include all other aspects of an established land use or development that does not fully conform with the requirements of this Title or any amendment thereto. Such other nonconforming situations include but are not limited to requirements for off-street parking, landscaping requirements and other land development requirements.

(Ord. 3068, § 1, November 27, 2006).

(A)

Continuance Permitted. A nonconforming use may continue, subject to the requirements of this article.

(B)

Nonconforming Uses of Land to be Discontinued. A nonconforming use of land not containing buildings which does not conform to the provisions of this Title shall be discontinued within two years from the effective date of this Title, and the use of land which becomes nonconforming by reason of a subsequent change in this Title shall be discontinued within two years from the date of the change.

(C)

Nonconforming Use of Building.

(1)

Vacant Building May be Used. A vacant or partially vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of one year after the effective date of this Title.

(2)

Effect of One-year Vacancy. A building, structure or portion thereof, which is used for a nonconforming use under this Chapter which hereafter becomes vacant and remains unoccupied for a continuous period of one year shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.

(D)

Expansion Prohibited. A nonconforming use shall not be enlarged or expanded.

(E)

Change of Use. A nonconforming use of a conforming building or structure may be changed to a use of the same or a more restricted district classification. Where the use of a nonconforming building or structure is changed to a use of a more restricted district classification, it thereafter shall not be changed to a use of a less restricted district classification.

(Ord. 3068, § 1, November 27, 2006).

(A)

Use Permitted. A nonconforming structure may be used for any permitted use in the applicable district or for any applicable legally nonconforming use.

(B)

Expansion Prohibited. Expansion of a nonconforming structure shall be permitted provided that such expansion does not increase the extent of the nonconformity.

(C)

Moving Prohibited. A nonconforming structure shall not be moved, in whole or in part, for any distance whatsoever, to any other location on the same or any other parcel unless the entire structure shall thereafter conform to the regulations of the district in which it is located after being moved.

(D)

Maintenance, Repairs and Remodeling. Maintenance and repairs of a nonconforming structure are expressly permitted. Remodeling of the structure within the existing building footprint is permitted without a variance, provided that the remodeling does not increase the degree of nonconformity and that applicable building and life safety codes are met.

(Ord. 3068, § 1, November 27, 2006).

(A)

Use Permitted. A nonconforming lot may be used for any principal use permitted in the district in which the lot is located, provided that:

(1)

A PUD or cluster development may not be established on a nonconforming lot.

(2)

Where it is not practicable to meet all dimensional requirements of the applicable zone, the following minimum yards shall be maintained:

(a)

For side and rear yards, the smaller of that required by the district in which the property is located or 10 percent of the width of the lot.

(b)

For front yards, the smaller of that required by the district in which the property is located or 20 percent of the depth of the lot.

(B)

A District. Where there are existing 25-foot wide platted lots on the effective date of the predecessor to this Title, any lot with a minimum area of 5,000 square feet shall be considered "conforming," subject to the other provisions of this Title.

(C)

Merger. Where two or more lots that are nonconforming as to area are under common ownership on the effective date of this Title, such lots shall be deemed merged for purposes of this Title to the extent necessary to create one or more lots that conform to the area requirements of the applicable district.

(D)

Replatting. Nonconforming lots that have access only to a paper, unimproved public right-of-way shall not be protected by this article. Owners of such lots shall replat such lots in conformity with the subdivision regulations and the applicable zoning regulations of this Title before seeking a building permit or otherwise seeking to use one or more of such lots.

(E)

Choice of Uses. Where a nonconforming lot or parcel is conforming for some uses in the applicable district but not for others, such lot shall be used for one of the uses for which it conforms to the requirements of the applicable district. If a lot fails to conform to the applicable requirements of the district, then protection of its nonconforming status under this article shall extend only to those permitted uses in that district requiring the smallest minimum lot size, which, in most cases, will be a single-family dwelling.

(Ord. 3068, § 1, November 27, 2006).

Continuance of other nonconforming situations will be allowed but not encouraged. To the maximum extent practicable within the boundaries of the property controlled by the same owner, other nonconforming situations shall be brought into conformance with the requirements of this Title on the earlier of any date established for such conformance by any requirement of this Title or upon the application of the owner for any building permit, subdivision approval or other permit or approval required from the City for the continued or additional use or further development of the property on which the nonconforming situation is located.

(Ord. 3068, § 1, November 27, 2006).

(A)

Termination by Abandonment. Discontinuance of a nonconforming use for a period of more than one year shall be deemed to be abandonment of such use, regardless of intent. Such use shall not then be reestablished, and any subsequent use shall conform to the requirements of the district in which it is located.

(B)

Termination by Damage or Destruction. In the event that any nonconforming structure or use is destroyed by any means to the extent of 50 percent of the cost of replacement of such structure or use, said structure or use shall not be rebuilt, restored, reestablished or reoccupied except in conformance with the applicable requirements of this Title, including those of the district in which it is located.

(C)

Termination or Improvement Required by Modification.

(1)

Limitations on Permits. In acting on any application for a building permit, sign permit, or City-issued permit related to the use or development of land, Building Services Director shall require or ensure that:

(a)

Any nonconforming use be limited to the existing area of the structure or changed to a conforming use;

(b)

The extent of nonconformity of a nonconforming structure not be increased;

(c)

The applicant complete any necessary lot merger or replatting for a nonconforming lot, in accordance with the requirements of the subdivision regulations; and

(d)

Any other nonconforming situation, including off-street parking, offstreet loading, landscaping, and/or other site improvements, be brought into full conformance with the requirements of this Title to the maximum extent practicable within the property owned or controlled by the owner of the property on which the nonconforming situation exists.

(2)

Conformity Required in Case of Certain Expansions. If a structure is expanded to increase its size by more than 20 percent, or if additions to a structure are made in stages and the total additions to the building within a five year period increase its original size by more than 20 percent, then the provisions and requirements of this Title shall apply to the entire structure.

(Ord. 3068, § 1, November 27, 2006).

(A)

Any tower or antenna already existing on the effective date of this Title shall not be required to comply with this subsection.

(B)

Towers or antennas in existence on the effective date of this Title, which do not conform to or comply with this subsection:

(1)

May continue for the purpose now used and as now existing;

(2)

May not be replaced or structurally altered without complying in all respects with this Title.

(3)

The addition of one or more antenna to a tower governed by this section is a permitted use and shall not be construed as a prohibited expansion of the preexisting non-conforming use.

(Ord. 3068, § 1, November 27, 2006).

Upon appeal, the Board of Adjustment is empowered to permit the reconstruction of a nonconforming building which has been destroyed or partially destroyed by fire or act of God. The Board shall find some compelling public necessity requiring a continuance of the nonconforming use.

(Ord. 3068, § 1, November 27, 2006).