A legally nonconforming lot/parcel, structure, sign or use may be continued except as otherwise provided in this chapter, although such use, sign, structure or lot/parcel does not conform to the provisions of this chapter.

(Ord. No. 3023, § 1(23.240), 3-3-2008)

State Law reference— Similar provision, 11 O.S. § 107.1.

Legally nonconforming status shall be forfeited under any of the following circumstances:

(1)

If the legally nonconforming lot/parcel is legally joined under common ownership with other adjoining land so that the total lot/parcel conforms with adopted regulations.

(2)

If a legally nonconforming use of land ceases for a period of 12 consecutive months.

(3)

If a legally nonconforming structure is brought into compliance with existing codes.

(4)

The legally nonconforming use is changed to a conforming use.

(Ord. No. 3023, § 1(23.241), 3-3-2008)

In any district where a specified use is permitted, permitted buildings and customary accessory structures may be constructed on any single lot of record as defined by this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be of separate ownership and not of continuous frontage with other lots in the same ownership. If two or more lots or combinations of lots with continuous frontage in a single ownership are of record at the time of adoption of the ordinance from which this chapter is derived, and if all or part of the lots do not meet the requirements established for lot width and lot area, the lands involved shall be considered an undivided parcel for the purpose of this chapter.

(Ord. No. 3023, § 1(23.242), 3-3-2008)

(a)

Enlargement. Except as specifically provided in this chapter, no person may engage in any activity that causes an increase in the extent of any existing nonconformity. In particular, it shall be unlawful to increase nonconformity with respect to density restrictions, dimensional requirements such as setbacks, and other requirements such as parking.

(b)

Repair and alteration. Minor repairs and routine maintenance of property where legally nonconforming situations exist are permitted and encouraged. A legally nonconforming structure may be maintained, repaired or remodeled, provided that such alteration complies with the bulk standards of the applicable district.

(c)

Damage or destruction. In the event that any legally nonconforming structure is damaged or destroyed by any means to the extent of more than 50 percent of its current assessed value, such structure shall not be restored unless it shall thereafter conform to all regulations in the district in which it is located. When a structure is damaged to the extent of 50 percent or less of its current assessed value, the structure may be restored provided that such restoration is actually begun within one year after the date of such damage, is diligently pursued to completion, and any portion of the structure greater than the portion damaged or destroyed complies with the bulk standards of the applicable district.

(d)

Restoration. Whenever the legally nonconforming use of any structure is halted because of the damage, destruction or demolition of the structure by an act of nature or by fire, the structure involved may be reconstructed or repaired in conformance with the regulations set forth herein and the legally nonconforming use resumed, provided that such nonconforming use is not extended beyond the scope and area of its operation as it existed prior to such damage, destruction or demolition. The nonconforming use shall resume within one year of the date of damage, destruction or demolition to the structure in which the use existed.

(e)

Moving. A legally nonconforming structure shall not be moved in whole or in part for any distance to any other location on the same or any other lot unless every portion of said structure is made to conform to all regulations of the district in which it is located after being so moved.

(f)

Change in use. A legally nonconforming use may be changed as permitted by right in the same district, except as may be limited by the applicable building codes.

(Ord. No. 3023, § 1(23.243), 3-3-2008; Ord. No. 3045, § 1, 11-17-2008)