1. Within the districts established by this zoning code or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before these regulations were passed or amended, but which would be prohibited, regulated, or restricted under the terms of this zoning code or future amendment. It is the intent of this zoning code to permit these nonconformities to continue until they are removed but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
2. Nonconforming uses are declared by this zoning code to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after the effective date of this zoning code by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
3. To avoid undue hardship, nothing in this zoning code shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this zoning code and upon which actual building construction has been carried on diligently.
   1. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.
   2. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be "actual construction".

(Prior Code, § 12-14-1) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

1. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this zoning code, notwithstanding limitations imposed by other provisions of this zoning code. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, or width, or both, that are generally applicable in the district; provided, that yard dimensions and requirements other than those applying to area, or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment.
2. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this zoning code, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this zoning code, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this zoning code below the requirements stated in this zoning code.

(Prior Code, § 12-14-2) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

Where, at the time of passage of this zoning code, lawful use of land exists which would not be permitted by the regulations imposed by this zoning code, the use may be continued so long as it remains otherwise lawful, provided:

1. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this zoning code;
2. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this regulation;
3. If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this zoning code for the district in which such land is located; and
4. No additional structure not conforming to the requirements of this zoning code shall be erected in connection with such nonconforming use of land.

(Prior Code, § 12-14-3) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

Where a lawful structure exists at the effective date of adoption or amendment of this zoning code that could not be built under the terms of this zoning code by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.

1. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
2. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means, it shall not be reconstructed except in conformity with the provisions of this zoning code.
3. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Prior Code, § 12-14-4) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

If lawful use involving individual structures, or of structure and premises in combination, exists at the effective date of adoption or amendment of this zoning code that would not be allowed in the district under the terms of this zoning code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.

1. No existing structure devoted to a use not permitted by this zoning code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
2. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this zoning code, but no such use shall be extended to occupy any land outside such building.
3. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may, as a special exception, be changed to another nonconforming use; provided, that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate to the district as the existing nonconforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this zoning code.
4. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
5. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when governmental action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(Prior Code, § 12-14-5) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

Any person, firm, corporation, partnership, association, or any other legal entity who violates any of the provisions of 11 O.S. §§ 43-101 through 43-109, 44-102 through 44-103, or 45-101 through 45-103 of the Oklahoma planning and zoning laws, and/or the zoning code of the town, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in § 10.99 of the town code. Each day of violation or noncompliance shall constitute a separate offense. The Town Administrator, or his or her designated representative, shall issue all citations for alleged violations of this zoning code.

(Prior Code, § 12-2-10) (Ord. 1997-3-1, passed 3-10-1997)