Skiatook City Zoning Code

Within the districts established by this title or amendments that may later be adopted, there exist uses, structures, and lots which were lawful before this title was adopted or amended but which would be prohibited under the terms of this title or future amendments to this title. These uses, structures, and lots, herein referred to as "nonconformities", may continue as regulated by this chapter. A use lawfully existing prior to the effective date of this title or amendment thereto, which does not comply with a parking, loading, screening, bulk and area, accessory sign, or enclosure requirement or requirements, but which is otherwise lawful, shall not constitute a nonconforming use within the meaning of sections 11-13-2 and 11-13-3 of this chapter. (1991 Code § 16-22-1200)

   A.   Termination: When, at the effective date of this title or amendment thereto, a lawful use of land exists, which would not be permitted by the terms of this title or amendment thereto, and the only structures employed in connection with such use are all accessory or incidental to such use, and in the aggregate do not cover more than ten percent (10%) of the lot area devoted to the nonconforming use, such use shall be deemed a nonconforming use of unimproved land and shall terminate as follows:

      1.   If the replacement cost of the accessory structures (other than fences) is less than one thousand dollars ($1,000.00), the nonconforming use shall terminate within five (5) years from the effective date of this title or from the date the use became nonconforming, whichever is later.

      2.   If the replacement cost of the accessory structures (other than fences) is one thousand dollars ($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 of two hundred dollars ($200.00) per year from the effective date of this title or from the date the use became nonconforming, whichever is later.

   B.   Continuation Of Use; Conditions: Pending termination, the nonconforming use of land may be continued provided:

      1.   No such 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 title or amendment thereof.

      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 this title or amendment thereof.

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

      4.   If any such nonconforming use of land ceases for any reason for a period of more than ninety (90) days (except when government action 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. (1991 Code § 16-22-1210)

When at the effective date of this title 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 (10%) of the lot area, and such use would not be permitted by the terms of this title or amendment thereto, such use shall be deemed nonconforming and may continue subject to the following provisions:

   A.   Enlarging Or Extending: No building devoted to a 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.

   B.   Portion Of Building: A 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.

   C.   Nonconforming Use Superseded By Permitted Use: A nonconforming use of a building or building and land in combination, if superseded by a permitted use, shall not thereafter be resumed.

   D.   Discontinuance: A nonconforming use of a building, or building and land in combination, if discontinued for twenty four (24) consecutive months or for twenty four (24) months during any three (3) year period (except when governmental action impedes access to or the use of the premises), shall not thereafter be resumed.

   E.   Termination Of Use Of Building: Where nonconforming use status applies to a building and land in combination, termination of the use of the building within the meaning of subsection D of this section shall eliminate the nonconforming status of the use of the land.

   F.   Changing Of Use; Special Exception: A 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 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 a 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.

   G.   Damaged Structure: Should the structure containing a nonconforming use be damaged or partially destroyed to the extent of more than fifty percent (50%) but less than seventy five percent (75%) of its current replacement cost at the time of damage, the restoration of the structure shall be subject to the board of adjustment's findings, after adherence to the procedural requirements for a special exception, that the contemplated restoration is necessary for the continuance of the nonconforming use, and will not result in any increase of incompatibility with the present and future use of proximate properties. Should the structure containing a nonconforming use be damaged or destroyed to the extent of more than seventy five percent (75%) of its replacement cost at the time of damage, the nonconforming use shall not thereafter continue or be resumed. (1991 Code § 16-22-1220)

Nonconforming signs shall comply with the requirements of section 11-11-21 of this title pertaining to such uses. (1991 Code § 16-22-1230; amd. 2011 Code)

   A.   Residential Districts: In the residential districts, on any lot which title is filed of record on or before August 13, 1974, or on any lot within a subdivision having received the approval of the city council on or before August 13, 1974, a single-family detached dwelling may be erected without complying with the required area or width on the required side yard which abuts a public street; provided, that no side yard shall be less than five feet (5') and shall comply with all other requirements of the use district.

   B.   Districts Other Than Residential: 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 title, irrespective of its area or width, provided such use district complies with the other requirements of the use district. (1991 Code § 16-22-1240)

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

   A.   Increase Of Nonconformity: No such 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 of nonconformity".

   B.   Damaged Structure: Should such structure be damaged or partially destroyed by any means to the extent of more than fifty percent (50%) of its current replacement cost at time of damage, the restoration as a nonconforming structure shall be subject to the board of adjustment's findings, after adherence to the procedural requirements for a special exception, that its restoration to a conforming structure cannot reasonably be made in view of the nature and extent of the nonconformity and the nature and extent of the damages.

   C.   Moving Structure: Should such structure be moved for any distance whatever, it shall thereafter conform to the provisions of the district in which located. (1991 Code § 16-22-1250)

   A.   Ordinary Repairs And Maintenance: On any building containing a nonconforming use or any 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.   Unsafe Structures: If a nonconforming structure or a structure containing a 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, or repaired, or rebuilt except in conformity with the provisions of the district in which located. (1991 Code § 16-22-1260)