Live Oak City Zoning Code
ARTICLE X
- NONCONFORMANCE3
Editor's note—Ord. No. 1697, § 3(Exh. C), adopted Apr. 14, 2026, repealed the former Art. X, §§ 24-111—24-116, and enacted a new Art. X as set out herein. The former Art. X pertained to similar subject matter. See Code Comparative Table for full derivation.
Sec. 24-111.- General.
Nonconformance shall be classified as either legal nonconformance or illegal nonconformance.
(Ord. No. 1697, § 3(Exh. C), 4-14-26)
Sec. 24-112. - Legal nonconformance.
Shall mean a status that occurs whereby:
(1)
An existing use, building, lot, site element, or sign was in compliance with the applicable standards at the time of original development; and
(2)
Upon the adoption of any zoning or other applicable development regulations or change of zoning district classification or boundary, said existing use, building, lot, sign, or site element was made to not conform to the regulations applicable to the district within which they are located.
(Ord. No. 1697, § 3(Exh. C), 4-14-26)
Sec. 24-113. - Illegal nonconformance.
Shall mean a status that occurs whereby:
(1)
An existing use, building, lot, site element, or sign was not in compliance with the zoning or other applicable development regulations at the time of original development; and
(2)
Said existing use, building, lot, site element, or sign remains non-compliant with the zoning or other applicable development regulations currently in effect in the city.
(Ord. No. 1697, § 3(Exh. C), 4-14-26)
Sec. 24-114. - Rules for nonconformance.
(a)
Nonconforming uses:
(1)
Continuation.
a.
Legally nonconforming uses may be continued until such time as said use is abandoned.
b.
Illegally nonconforming uses shall not be permitted and shall be discontinued.
(2)
Abandonment. Legally nonconforming uses shall be considered abandoned when:
a.
Said use has been changed to a conforming use; or
b.
The buildings or land upon which said use previously occupied, becomes vacant or unoccupied for a period exceeding one year; or
c.
Said use is suspended due to destruction by fire, flood, wind, explosion or similar calamity and remains unoccupied for a period exceeding one year.
(3)
Enlargement or expansion. Legally nonconforming uses shall not be enlarged or expanded except in the following instances:
a.
A special exception is approved for the enlargement or expansion of said nonconforming use per section 24-139; or
b.
Said enlargement or expansion is necessary for maintenance, health, safety, or sanitary purposes as determined by the city manager or their designee.
(b)
Nonconforming lots:
(1)
Legally nonconforming lots. Notwithstanding any zoning or other applicable development regulations, legally nonconforming lots may be permitted for development.
(2)
Illegally nonconforming lots. Notwithstanding any zoning or other applicable development regulations, illegally nonconforming lots shall not be permitted for future development until such time as a subdivision plat has been approved for said development.
(c)
Nonconforming buildings and site elements:
(1)
Enlargement, expansion, or reconstruction. Legally nonconforming buildings and site elements may be enlarged, expanded, or reconstructed provided that:
a.
The degree of nonconformity shall not be increased; and
b.
A special exception is approved for the enlargement, expansion, or reconstruction of said nonconforming buildings or site elements per section 24-139.
(Ord. No. 1697, § 3(Exh. C), 4-14-26)
