(A)

Within the districts established by the Jenks UDO on April 5, 2022, or amendments that have been adopted or may later be adopted there exist uses, structures, and lots which were lawful before this UDO was adopted or amended by which would be prohibited under the terms of this UDO or future amendment to this UDO. These uses, structures, and lots, herein referred to as "pre-existing nonconformities," may continue as regulated by this Article. A use lawfully existing prior to the effective date of this UDO, April 5, 2022, or amendments thereto, which do not comply with a parking, loading, screening, bulk, and area, sign, or enclosure requirement or requirements, but which is otherwise lawful, shall not constitute a nonconforming use within the meaning of sections 16-10-2 or 16-10-3.

(1)

A pre-existing nonconforming use may be changed only insofar as it applies to the district in which it is located. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

(2)

Nothing contained in this UDO shall require any change in the plans, construction, alteration, or designated use of a structure on which construction has physically, lawfully and substantially commenced prior to the adoption of this UDO, provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within two years from the time construction was commenced.

(3)

When a pre-existing nonconforming use of a structure or property is discontinued for a period in excess of 90 consecutive days, the structure or property shall not thereafter be used except in conformance with the district in which it is located.

(4)

Any use in violation of the Jenks UDO at the time the use was established is recognized as an unlawful use. No unlawful use of property existing at the time of passage of this UDO shall be deemed a pre-existing nonconforming use.

(5)

Nothing in this UDO shall be construed to limit the sale, transfer, or other conveyance of property on which exists a pre-existing nonconforming building, structure or use, so long as such sale, transfer, or other conveyance does not otherwise violate the provisions of this UDO.

(Ord. No. 1581, § II, 4-5-2022)

(A)

When at the effective date of this UDO or amendment thereto a lawful use of land exists, which would not be permitted by the terms of this UDO or amendment thereto, and the only structures employed in connection with such use are all accessory or incidental to such use and in aggregate do not cover more than ten percent of the lot area devoted to the nonconforming use, such use shall be deemed a pre-existing nonconforming use of unimproved land and shall terminate as follows:

(1)

If the replacement costs of the accessory structures (other than fences) is $1,000.00 or more, the nonconforming use shall be terminated within five years from the effective date of this UDO or from the date the use became nonconforming, whichever is later.

(2)

If the replacement costs of the accessory structures (other than fences) is $1,000.00 or more, the nonconforming use shall be terminated on the basis of amortization of the replacement cost of the accessory structures at a rate $200.00 per year from the effective date of this UDO or from the date the use became nonconforming, whichever is later.

Pending termination, the pre-existing nonconforming use of land may be continued provided:

(1)

No such pre-existing nonconforming use shall be changed to another nonconforming use, nor enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of this UDO or amendment thereof.

(2)

No such pre-existing nonconforming use shall be moved in whole or in part to any portion of the lot or parcel or other than that occupied by such use at the effective date of this UDO or amendment thereof.

(3)

No additional structure (other than fences) shall be erected in connection with such pre-existing nonconforming use of land.

(4)

If any such pre-existing nonconforming use of land ceases for any reason for a period of more than 90 consecutive days (except with government action which impedes access to or use of the premises), any subsequent use of such land shall conform in all respects to the regulations of the district in which located.

(Ord. No. 1581, § II, 4-5-2022)

(A)

When at the effective date of this UDO or amendment thereto, there exists a lawful use of a building, or use of a principal building and land, or use of land and accessory structures, such structures covering more than ten percent of the lot area, and such use would not be permitted by the terms of this UDO or amendment thereto, such use shall be deemed preexisting nonconforming and may continue subject to the following provisions:

(1)

No building devoted to a pre-existing nonconforming use shall be enlarged or extended, except in changing the use of the building to a use permitted in the district in which it is located.

(2)

A pre-existing nonconforming use of a portion of a building may be extended to the remaining portions of the building if such portions were manifestly arranged and designed for such use but such use shall not be extended to occupy any land outside the building.

(3)

A pre-existing nonconforming use of a building, or building and land in combination, if superseded by a permitted use shall not thereafter be resumed.

(4)

A pre-existing nonconforming use of a building or building and land in combination, if discontinued for 90 consecutive days (except when governmental action impedes access to or the use of the premises), shall not thereafter be resumed.

(5)

Where nonconforming use status applies to a building and land in combination, termination of the use of the building within the meaning of subsection (4) of this section shall eliminate the pre-existing nonconforming status of the use of the land.

(6)

A pre-existing nonconforming use of a building or of a building and land in combination when located within a residential district shall not be changed unless changed to a use permitted in the district in which located. A preexisting nonconforming use of a building or of a building and land in combination, when located within a district other than a residential district, may, as a Special Exception, be changed upon approval of the Board of Adjustment after finding that the proposed use will not result in any increase of incompatibility with the present and future use of proximate properties. The change of a use to another use contained within the same use unit shall not constitute a "change of use" within the meaning of this section.

(a)

Alteration of a pre-existing nonconforming use in any district may be permitted by Special Exception when the alteration is necessary to comply with Federal, State, County, or City of Jenks, health, code, or safety requirements.

(7)

A pre-existing nonconforming building, structure or use which is damaged by fire, flood, wind, earthquake or other calamity or act of God or the public enemy, may be restored and the occupancy or use of such building or structure or part thereof, which existed at the time of such partial destruction may be resumed, provided:

(a)

The restoration is commenced within a period of 90 days and is diligently prosecuted to completion. The restoration shall be considered commenced when the applicant has filed for a building permit and held a meeting with City staff to discuss the requirements for the proposed restoration.

(b)

The restoration or reconstruction of a pre-existing nonconforming building, structure, or use may not increase the floor area or create a greater nonconformance than existed at the time of damage or destruction.

(c)

Must comply with section 16-6-8 if greater than 50 percent damaged based upon value of the structure.

(Ord. No. 1581, § II, 4-5-2022)

(A)

A sign lawfully existing at the effective date of the adoption or amendment of this UDO but which would be prohibited under the terms of this UDO or amendment to this UDO, shall be deemed pre-existing nonconforming, and may continue, including normal maintenance and change of the face, if not rebuilt, enlarged, extended, or relocated, provided: if the sign was erected within an AG District after the effective date of this UDO and becomes nonconforming upon a rezoning to an R or O District and is not accessory to an on-site principal use, the sign shall be removed within six months from the effective date of the rezoning; other nonconforming signs if located in an R District and not accessory to an on-site principal use, shall be removed within six months from the date the sign became nonconforming.

(Ord. No. 1581, § II, 4-5-2022)

(A)

In the residential districts, on any lot which title is filed of record on or before April 5, 2022, or on any lot within a subdivision having received the approval of the Council of the City of Jenks, Oklahoma on or before April 5, 2022, a single-family detached dwelling may be erected without complying with the required area or width or the required side yard which abuts a public street, provided that no side yard shall be less than five feet and all other requirements of the use district are complied with.

(B)

In districts other than residential districts, any use permitted by right in the applicable district may be located on any lot of official record at the effective date of this UDO, irrespective of its area or width, provided the other requirements of the use district are complied with.

(Ord. No. 1581, § II, 4-5-2022)

(A)

A structure, lawfully existing at the effective date of the adoption or amendment of this UDO, but which would be prohibited by the terms of this UDO by reason of restrictions on floor area, density, intensity, height, yards, its location on the lot, or other requirements concerning the structure, shall be deemed pre-existing nonconforming and may continue, subject to the following provisions:

(1)

No such pre-existing nonconforming structure may be enlarged or altered in any manner which increases its nonconformity, but any structure may be altered to decrease its nonconformity, provided that the addition of a mezzanine or similar alteration which does not increase the cubic content of the structure shall not constitute an "increase in nonconformity."

(2)

A pre-existing nonconforming building or structure which is damaged by fire, flood, wind, earthquake or other calamity or act of God or the public enemy, may be restored and the occupancy or use of such building or structure or part thereof, which existed at the time of such partial destruction may be resumed, provided;

(a)

The restoration process is commenced within a period of 90 days and is diligently prosecuted to completion.

(b)

The restoration or reconstruction of a pre-existing nonconforming building or structure may not increase the floor area or create a greater nonconformance than existed at the time of damage or destruction.

(3)

Should a structure as defined in subsection (2) of this section be moved for any distance whatever, it shall thereafter conform to the provisions of the district in which located.

(Ord. No. 1581, § II, 4-5-2022)

(A)

On any building containing a pre-existing nonconforming use or any pre-existing nonconforming structure, ordinary repairs and maintenance may be made provided that the cubic content of the building is not increased, and structural nonconformity is not increased.

(B)

If a pre-existing nonconforming structure or a structure containing a pre-existing nonconforming use is in need of repairs and maintenance, and said maintenance or repairs exceed 50 percent of the value of the structure or a structure containing a nonconforming use it shall not thereafter be used, restored, repaired, or rebuilt until approved by Special Exception in compliance with section 16-9-6 of this UDO and in compliance with the following:

(1)

The repairs will be of no greater adverse impact to the surrounding land uses,

(2)

Other provisions of this UDO, such as property development standards, are met,

(3)

Any of the following conditions may be imposed as conditions of approval to assure compatibility of the proposed development with the surrounding area:

(a)

Special yards and spaces,

(b)

Fences and walls,

(c)

Special parking and/or loading provisions,

(d)

Street dedication and improvements or bonds in lieu of improvements,

(e)

Control of points of vehicular ingress and egress,

(f)

Special provisions for signs,

(g)

Landscaping and maintenance of grounds,

(h)

Control of noise, vibration, odors, or other similar nuisances, and

(i)

Limitation of time for certain activities, a time period in which a proposed use shall be developed, a limit of total duration of use.

(j)

If a pre-existing nonconforming structure or a structure containing a pre-existing nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and a final order of vacation or demolition is entered by any duly authorized official by reason of physical condition, it shall not thereafter be used, restored, repaired, or rebuilt except in conformity with the provisions of the district in which located.

(Ord. No. 1581, § II, 4-5-2022)