Oklahoma Administrative Code › Title 120 - Capitol-Medical Center Improvement and Zoning Commission › Chapter 10 - Zoning Regulations for the Capitol-Medical Center Improvement and Zoning District › Subchapter 9 - Non-Conforming Buildings, Structures and Uses of Land › Section 120:10-9-1.1 - Non-conforming buildings, structures and uses of land

Current through Vol. 41, No. 20, July 1, 2024
Non-conforming buildings, structures or uses existing at the
				  time of adoption of this Section may be continued and maintained except as
				  otherwise provided in this Section.
(1)
Applicability.
This Section
				applies to those buildings, structures, or uses of land validly maintained and
				in conformance with its prior zoning classification and restrictions.
(2)
Alteration or enlargement of
				buildings and structures.
A non-conforming building or structure shall
				not be added to or enlarged in any manner unless said building or structure,
				including additions and enlargements, 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 yard
				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. No non-conforming building or structure shall
				be moved in whole or in part to another location on the lot unless every
				portion of said building or structure is made to conform to all of the
				regulations of the district in which it is located.
(3)
Outdoor advertising signs and
				structures.
Any advertising sign, billboard, commercial advertising
				structure, or statuary which is lawfully existing and maintained at the time
				this Section becomes effective, which does not conform with the provisions
				hereof, shall not be structurally altered, and all such non-conforming
				advertising signs, billboards, commercial advertising structures and statuary
				and their supporting members shall be completely removed from the premises not
				later than 3 years from the effective date of this Section.
(4)
Building vacancy.
A
				non-conforming building, structure or portion thereof, which is or hereafter
				becomes vacant and remains unoccupied for a continuous period of 1 year shall
				not thereafter be occupied except by a use which conforms to the use
				regulations of the district in which it is located.
(5)
Change of use.
(A) A non-conforming use of a conforming
				building or structure, i.e., commercial use in a dwelling etc., shall not be
				expanded or extended into any other portion of such conforming building, or
				structure nor changes except to a conforming use. If such a non-conforming use
				or a portion thereof is discontinued or changed to a conforming use, any future
				use of the building, or structure, or portion thereof shall be in conformity
				with the regulations of the district in which such building or structure is
				located. A vacant or partially vacant non-conforming building or structure may
				be occupied by a use for which the building or structure was designed or
				intended to be occupied within a period of 1 year after the effective date of
				this Section.
(B) The use of a
				non-conforming building or structure may be changed to a use of the same or a
				more restricted district classification; but where the use of a non-conforming
				building or structure is changed to a use of a more restricted district
				classification, it thereafter shall not be changed to a use of a less
				restrictive district classification.
(C) A building or structure that is
				non-conforming as to use at the time of adoption of this Section, or at any
				time thereafter, shall not be converted to or in any manner used as a wholesale
				or retail liquor store unless such change in uses conforms to the provisions of
				the district in which it is located.
(D) When a building, the use of which does
				not conform to the provision, is damaged by fire, explosion, Act of God, or the
				public enemy, to the extent of more than 60% of its true value, it shall not be
				restored except in conformity with the district regulations.