Within the districts established by this title or amendments that may later be adopted, there are uses, structures, and lots which were lawful before this title was adopted or amended, but which become prohibited under the terms of this title or future amendments to this title. Such uses, structures, and lots are regulated by this chapter. Section 17.13.020 of this chapter is for nonconforming uses of land without buildings or structures. Section 17.13.030 of this chapter is for instances where the buildings or structures are conforming but the use is nonconforming. Section 17.13.040 of this chapter is for nonconforming buildings or structures that have conforming uses. (Ord. 1953, 2010)
17.13.020: NONCONFORMING USES OF LAND WITHOUT BUILDINGS OR STRUCTURES:
The lawful use of land existing at the time of the passage of this title, even though such use does not conform to the provisions hereof, may continue subject to the following provisions:
A. If said nonconforming use or any portion thereof is discontinued for a period of six (6) months, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which said land is located.
B. A nonconforming use shall not be expanded or moved in whole or in part to any other portion of the lot or parcel on which it is located. (Ord. 1953, 2010)
17.13.030: NONCONFORMING USES OF CONFORMING BUILDINGS:
If a lawful use, involving conforming buildings or structures existing at the effective date of, adoption of, or amendment to this title, becomes nonconforming under the terms of this title, said use may continue, subject to the following provisions:
A. A building's use may be changed to another nonconforming use of an equal or a more restrictive classification or to a conforming use. However, the use shall not thereafter be changed to a less restrictive use.
B. In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the building or premises shall thereafter conform to the use regulations of the district.
C. No nonconforming use, except when required by law, shall be enlarged, extended, or reconstructed, unless such change is to a use permitted in the district.
D. When a nonconforming use of a building is damaged by fire, explosion, natural cause, or public enemy, by more than fifty percent (50%) of its true value, said building shall be restored only if it conforms with the district regulations.
E. Improvements or remodeling which do not increase the size or intensity of use shall be permitted. (Ord. 1953, 2010)
17.13.040: NONCONFORMING BUILDINGS AND STRUCTURES THAT HAVE CONFORMING USES:
Although a structure or building does not conform to the district regulations of this title for a minimum lot size, lot width, yard requirements, height, lot coverage, parking, other characteristics of the structure, or its location on the lot, the lawful existence of a structure or building at the effective date of or adoption of this title may continue, subject to the following provisions:
A. A nonconforming building or structure shall not be enlarged in any manner unless said building or structure, including additions or enlargement, is made to conform to all of the regulations of the district in which it is located; provided, however, that if a building or structure is conforming as to use, but nonconforming as to yards or height or off street parking space, the building or structure may be enlarged or added to provided that the enlargement or addition complies with the yard or height requirements and the existing building and the addition complies with the off street parking requirements of the district in which said building or structure is located.
B. When a nonconforming building is damaged by fire, explosion, natural causes, or a public enemy, by more than fifty percent (50%) of its true value, it shall be restored only if it is done in a manner that conforms with the district regulations.
C. No such building shall be moved for any reason for any distance whatsoever, unless it hereafter conforms to all the provisions of the zoning district in its new location.
D. Improvements or remodeling which do not increase the size or intensity of use shall be permitted. (Ord. 1953, 2010)
17.13.050: VIOLATIONS NOT AUTHORIZED:
Nothing in this chapter shall be interpreted as authorizing approval of a building or premises in violation of zoning regulations in effect at the time of the effective date of this chapter. (Ord. 1953, 2010)
Okmulgee City Zoning Code
CHAPTER 17
13 NONCONFORMITIES
17.13.010: GENERAL:
Within the districts established by this title or amendments that may later be adopted, there are uses, structures, and lots which were lawful before this title was adopted or amended, but which become prohibited under the terms of this title or future amendments to this title. Such uses, structures, and lots are regulated by this chapter. Section 17.13.020 of this chapter is for nonconforming uses of land without buildings or structures. Section 17.13.030 of this chapter is for instances where the buildings or structures are conforming but the use is nonconforming. Section 17.13.040 of this chapter is for nonconforming buildings or structures that have conforming uses. (Ord. 1953, 2010)
17.13.020: NONCONFORMING USES OF LAND WITHOUT BUILDINGS OR STRUCTURES:
The lawful use of land existing at the time of the passage of this title, even though such use does not conform to the provisions hereof, may continue subject to the following provisions:
A. If said nonconforming use or any portion thereof is discontinued for a period of six (6) months, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which said land is located.
B. A nonconforming use shall not be expanded or moved in whole or in part to any other portion of the lot or parcel on which it is located. (Ord. 1953, 2010)
17.13.030: NONCONFORMING USES OF CONFORMING BUILDINGS:
If a lawful use, involving conforming buildings or structures existing at the effective date of, adoption of, or amendment to this title, becomes nonconforming under the terms of this title, said use may continue, subject to the following provisions:
A. A building's use may be changed to another nonconforming use of an equal or a more restrictive classification or to a conforming use. However, the use shall not thereafter be changed to a less restrictive use.
B. In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the building or premises shall thereafter conform to the use regulations of the district.
C. No nonconforming use, except when required by law, shall be enlarged, extended, or reconstructed, unless such change is to a use permitted in the district.
D. When a nonconforming use of a building is damaged by fire, explosion, natural cause, or public enemy, by more than fifty percent (50%) of its true value, said building shall be restored only if it conforms with the district regulations.
E. Improvements or remodeling which do not increase the size or intensity of use shall be permitted. (Ord. 1953, 2010)
17.13.040: NONCONFORMING BUILDINGS AND STRUCTURES THAT HAVE CONFORMING USES:
Although a structure or building does not conform to the district regulations of this title for a minimum lot size, lot width, yard requirements, height, lot coverage, parking, other characteristics of the structure, or its location on the lot, the lawful existence of a structure or building at the effective date of or adoption of this title may continue, subject to the following provisions:
A. A nonconforming building or structure shall not be enlarged in any manner unless said building or structure, including additions or enlargement, is made to conform to all of the regulations of the district in which it is located; provided, however, that if a building or structure is conforming as to use, but nonconforming as to yards or height or off street parking space, the building or structure may be enlarged or added to provided that the enlargement or addition complies with the yard or height requirements and the existing building and the addition complies with the off street parking requirements of the district in which said building or structure is located.
B. When a nonconforming building is damaged by fire, explosion, natural causes, or a public enemy, by more than fifty percent (50%) of its true value, it shall be restored only if it is done in a manner that conforms with the district regulations.
C. No such building shall be moved for any reason for any distance whatsoever, unless it hereafter conforms to all the provisions of the zoning district in its new location.
D. Improvements or remodeling which do not increase the size or intensity of use shall be permitted. (Ord. 1953, 2010)
17.13.050: VIOLATIONS NOT AUTHORIZED:
Nothing in this chapter shall be interpreted as authorizing approval of a building or premises in violation of zoning regulations in effect at the time of the effective date of this chapter. (Ord. 1953, 2010)